Terms of Service
DATE OF LAST REVISION:
February 10, 2025
Hyphensocial LLC and its affiliated entities (“Hyphensocial”, “we”, “us”, or “Company”) provides an online partner marketing platform to facilitate more efficient and productive relationships between Brands and Creators on Amazon (the “Platform”). Before accessing and using our Services, please read this entire agreement carefully.
The Platform-Terms Landing Page from which you accessed these Terms of Service is hereby incorporated into these Terms of Service and, in turn, all terms that are defined in the Platform-Terms Landing Page shall be ascribed, for purposes of these Terms of Service, the respective meanings ascribed to them within that Platform-Terms Landing Page, unless/except as otherwise defined hereinbelow.
The Platform allows Brands and Creators to partner directly. “Brands” are individuals and/or businesses seeking to partner directly with Creators for Creators to promote Brands’ Amazon listings, and “Creators” are individuals and/or businesses seeking to partner with Brands to promote Brands’ Amazon listings. Brands and Creators (and their authorized representatives) are hereinafter referred to as “Users.”
This is a binding agreement between Hyphensocial and both you and the entity you represent (collectively “you”). These Terms of Service govern your access and use of the Platform, our website at www.contentconnections.io (the “Site”), and any other products or services, websites media, features, content, software products, events, contests, and promotions, facilitated through the Site, the Platform, and their associated service platforms, including any improvements, developments, or modifications thereto provided by Hyphensocial through the Platform (collectively, the “Services”).
If you access or use the Services in any way, you represent and agree that you (i) have read and understand this Agreement; (ii) have the authority to bind Yourself and any entity you represent; and (iii) agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not access or use the Services for any purpose. We may immediately withdraw, discontinue, amend, or terminate your use of any Services or any portion thereof, at any time for any reason, at its sole discretion without notice.
This Agreement contains sections entitled “Disclaimer” and “Limitations of Liability.” Please read them carefully, as they limit Hyphensocial’s liability.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH HYPHENSOCIAL ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks" and, together with Content, “Company IP”). Company IP is protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Accordingly, you agree not to: (i) reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any Company IP except as allowed by law or as necessary to use the Services for their intended purposes in compliance with this Agreement, (ii) attempt to decompile, reverse engineer, or read-out any Company IP, (iii) or delete or alter any copyright, trademark or other proprietary rights notices from any Company IP.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company IP in breach of this Agreement, your right to use the Services will cease immediately and you must return or destroy any copies you have made.
All other names, logos, designs, and slogans displayed on the Services are the trademarks of their respective owners.
Except for the limited license granted herein, neither this Agreement nor your use of the Services convey or grant to you any right, title, or interest: (i) to any Company IP in or related to the Services or (ii) to use or reference in any manner Company's names, logos, product and service names, trademarks, or services marks or those of Company's licensors.
All rights not expressly granted are reserved by Company.
Your Use of Our Services
Subject to your compliance with this Agreement, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to (i) access the Services for their intended purposes; and (ii) download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business purpose.
You are solely responsible for obtaining the internet or data network access necessary to use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device or that use of the Services will be uninterrupted or free from delays or malfunctions.
If you wish to make any use of the Services or Company other than as set out in this section or elsewhere in this Agreement, please address your request to: contact@contentconnections.io. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Company IP, you must identify us as the owners or licensors of the Services or Company IP and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying Company IP.
Any rights not expressly granted herein are reserved by the Company, ContentConnection.io, and its licensors.
Any breach of our intellectual property rights will constitute a material breach of this Agreement and your right to use our Services will terminate immediately.
Your Submissions
You acknowledge and agree that any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions") provided by you to Company is non-confidential and shall become our sole property. You agree to assign to Company all intellectual property rights in such Submissions. You agree that we shall own these Submissions and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
Third-Party Websites and Content
You may be sent or linked to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Company, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Company. If you decide to leave the Services and access the Third-Party Websites or to use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Any purchases you make through Third-Party Websites will be governed by the terms and conditions of the applicable website provider, and Company takes no responsibility whatsoever in relation to such purchases. You acknowledge that Company does not endorse the products or services offered on Third-Party Websites and you shall hold Company and its affiliates harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Company and its affiliates harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
3. PLATFORM SERVICES
Affiliate Programs
Subject to this Agreement, Hyphensocial provides the Platform and related services including hosting and maintaining the website, simplifying relationships between Users, facilitating payments between Users, displaying and normalizing attribution data from the Amazon Attribution API. The Platform may display information about affiliate programs offered by Brand’s which may include a description of the affiliate program, payment terms, commission schedules, and other terms and conditions. Creators who wish to participate in an affiliate program will communicate directly with the Brand offering the program through the Platform. By using the Platform, you acknowledge and agree that Users, and not Hyphensocial, are solely responsible for (i) evaluating and determining the suitability of any project or User; (ii) assessing whether to enter into a contract with another User and for verifying any information about another User; (iii) deciding whether to enter into a contract with another User as well as the contract terms; and (iv) negotiating, agreeing to, and executing any terms or conditions of the contracts and for performing and monitoring performance under them. All contracts between Users are directly between the Users, and Hyphensocial is not a party to such contracts. For the avoidance of doubt, the use of any such optional form template agreements is entirely optional and solely within the discretion of the Users. For the further avoidance of doubt, any use of such form template agreements by Users shall not, under any circumstance, make Hyphensocial a party to such contract between the Users.
Attribution Data
Hyphensocial displays attribution data, including clicks, conversions, and sales from the Amazon Attribution API. Commissions are calculated by Hyphensocial based on this attribution data and based on commission information provided by Users. At times, Amazon’s Attribution API may record refunds, chargebacks, or other events that change previously recorded conversions and sales. In these cases, commission amounts will be adjusted to reflect the latest data from Amazon’s Attribution API.
Associates Data
Creators acknowledge that the Company may request and Creators may grant access to certain data from the Creator’s Amazon Associates account (the “Associates Data”). The Creator understands and agrees that such Associates Data will solely be used by the Company in connection with its Creator Link Decisioning process to calculate the Creator’s Revenue per Click (“RPC”) and commissions.
Creators who elect to grant such access to their Associates Data and implement the provided Javascript code on their website or page acknowledge and consent to the use of a modeling solution that evaluates the performance of two distinct tracking IDs: the Creator's Amazon Associates tracking ID and the Attribution tracking ID. This evaluation is conducted solely to determine which tracking ID generates a higher RPC.
By enabling this functionality, the Creator agrees to allow the Company to assess, compare, and optimize the tracking ID performance for the Creator’s Amazon Associates account based on the calculated RPC.
Commissions
Affiliate programs may provide for the payment of commissions or rewards from Brands to Creators. While the Platform may be used to facilitate payment of such commissions or rewards between Users, Hyphensocial’s role is solely to facilitate such payments using payment account information supplied by the respective Users, including by contracting with third-party payment processors. You agree and acknowledge that Hyphensocial is not responsible for any payment disputes between Users and that any such disputes shall be resolved directly between Users.
Payment Processing
The Platform enables certain payments to be completed between Brands and Creators. Payment processing services for the Platform are provided by Stripe (the “Payment Provider”). All payments between Users will be processed through the Payment Provider, which may require that you enter a separate agreement with the Payment Provider. Hyphensocial is not a party to any such agreement and shall have no liability, responsibility or obligation under such agreement. It is Your responsibility to keep Your Payment Provider accounts current within the Platform, and Hyphensocial has no responsibility for incorrect or delayed payments.
Creator Commission Transaction Fees
Except as otherwise provided herein, Brands shall be solely responsible for any credit card fees charged by the Payment Provider in connection with any payment Brands make to Creators. These credit card fees are listed on the Payment Provider’s website (https://stripe.com/pricing) under the “Cards and wallets” section, as may be amended from time to time in the Payment Provider’s sole discretion. Any transaction fees associated with bank debits or transfers will be covered by the Platform. If a Creator elects to be paid in currency other than the U.S. Dollar, then any resulting currency conversion fees shall be the responsibility of such Creator. If a Brand makes payment in currency other than the U.S. Dollar, then any resulting currency conversion fees shall be the responsibility of such Brand.
Brands
Brand Payment Obligations - Third Party Accounts. If a Creator integrates their Third-Party Account, as defined below, Creators and Brands acknowledge and agree that all payments for services rendered or content created by the Creator are the sole responsibility of the Brand and are subject to the terms and condition of such Third Party Accounts.
Brand Payment Obligations – Content Connections Account. If Creator does not integrate a Third Party Account, Company shall facilitate payments to Creator on behalf of Brand. In the event that a Brand’s outstanding payment owed to Creator exceeds $10,000 USD, Company reserves the right to restrict or suspend third-party payment facilitation services provided through the Platform. Such measures will be implemented only after all reasonable avenues of resolution have been exhausted, including but not limited to direct communication and attempts to resolve the outstanding balance.
Creators
Creators’ Responsibilities
Creators must maintain an accurate and up-to-date profile on the Platform, including professional qualifications, portfolio samples, and relevant API tokens. Creators agree to adhere to the Platform’s content creation guidelines, which may include but are not limited to standards for quality, originality, and ethical promotion practices.
Third Party Integration and Platform Usage
Creators may elect to integrate and link their third-party link management services accounts (“Third Party Account(s)”) to the Platform. By integrating such Third Party Accounts, you may manage, update, and utilize such Third Party Accounts to manage link creation and Brand sales tracking directly through the Platform, subject to any applicable integration functionalities provided by the Platform.
You acknowledge and agree that your use of the Platform to manage and integrate a Third Party Account is solely at your discretion, and you are responsible for complying with any terms and conditions of the Third Party Account. Payments to the Creator will be processed through Third Party Accounts, as facilitated by the Platform. Any payments owed to Creator are subject to the Creator's agreed-upon commission rates and the terms and conditions of the Third Party Accounts. Hyphensocial does not assume any responsibility for the functionality or availability of third-party services, including payment obligations, and we may, at our sole discretion, modify, suspend, or discontinue support for certain third-party integrations partners at any time.
By integrating and using Third Party Accounts within the Platform, you grant to Hyphensocial permission to access, retrieve, and manage the necessary data from those Third Party Accounts, in accordance with our Privacy Policy.
If a Creator chooses not to integrate or manage a Third Party Account via the Platform, the Creator will automatically be opted into the Platform’s link management services for link creation and Brand sales tracking. By using the Platform’s link management services for link creation and Brand sales tracking, the Creator acknowledges and agrees that Hyphensocial will collect and process payments on the Creator's behalf for any transactions facilitated through the Platform and Creator agrees to pay . The Company shall bear full responsibility for collecting payments from Brands, and the Creator shall not be held liable for any collection or payment issues related to such transactions.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with this Agreement; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
5. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
6. FEES AND PAYMENT
Fees
Hyphensocial charges fees to Users as set forth in the applicable order or, if no order form applies, as described on Hyphensocial’s Pricing page (the “Platform Fees”). By using the Platform, you agree to pay all Platform Fees. Subject to applicable law and any Order Form, Hyphensocial reserves the right to adjust its pricing and fees at any time.
Payment
In order to use the Platform, each Brand must provide and maintain on file account information for at least one valid Payment Method. “Payment Method” means a valid credit card issued by a bank acceptable to Hyphensocial, a Stripe account, a debit card, or such other method of payment as Hyphensocial may accept from time to time in its sole discretion.
Creators must maintain a valid and active deposit method, such as an active ACH account, to facilitate the receipt of payments for services rendered under these Terms. Creators must provide and update, as necessary, accurate ACH account information to ensure timely and efficient payment processing. Failure to maintain a valid ACH account or failure to provide necessary information may result in delayed payments.
You hereby authorize Hyphensocial, as applicable, to run credit card authorizations on all credit cards provided by You, to store credit card and banking or other financial details as Your Payment Method, and to charge your Payment Method for amounts owed as set forth in this Agreement. By providing Payment Method information, you represent that: (i) You are legally authorized to provide such information and thereby have the requisite power and authority to enter into this Agreement, including being over the age of eighteen (18); (ii) You are legally authorized to make payments using the Payment Method(s); (iii) such actions do not violate the terms and conditions applicable to Your use of such Payment Method(s) or applicable law; and (iv) You must not have been previously disabled for violation of law or any our policies.
In the event that a payment is delinquent more than 30 days, Hyphensocial reserves the right to pursue judgment on the amount due as well as reserves all rights to remove you from the use of the platform.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user. - Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
Any content you submit upload, add, publish, or post to the Services (“Your Contributions”) is owned by you. Your Contributions excludes any content, functions, operations, technology, responses, features, characters, or virtual environments made available, provided, developed, or generated by Company, including Company IP.
Company may use Your Contributions to provide, maintain, develop, and improve our Services including comply with applicable law, enforce our terms and policies, and keep our Services safe. Company may suspend or delete your account at Company's sole discretion and at any time and for any reason, without notice to you. Depending on your use of the Services, you understand that Your Contributions may be visible to others. If you choose to make any such information publicly available, you do so at your own risk and you agree that you are solely responsible for doing so.
We may remove Your Contributions at any time and for any reason if we determine (i) you breached this Agreement; (ii) we must do so to comply with the law; or (iii) your use of our Services could cause risk or harm to Company, other users, or anyone else.
When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and this Agreement or you have all rights, licenses, consents and releases necessary to grant Company the license to use Your Submissions as set forth above.
- You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and this Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
We do not assert any ownership over Your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. You hereby grant to Company a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, worldwide license to host, use, distribute, modify, copy, publicly perform or display, translate, create derivative works of, and otherwise exploit Your Contributions in any manner in all formats and distribution channels now known or hereafter developed throughout the universe. You can end your license at any time by deleting Your Contributions or account, however, any content shared with others that has not been deleted will continue to appear.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted, which is incorporated into this Agreement. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
12. TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in this Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
This Agreement and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website at www.adr.org/rules or by calling the AAA at 1-800-778-7879. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Disputes shall be governed and construed in accordance with the laws of the State of Delaware, without regard to conflict of law provisions. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this Agreement.
If any portion of this arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. Unless you and the Company agree otherwise, any arbitration hearings between you and the Company will take place in the State of Delaware. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and © there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
This arbitration agreement will survive the termination of your relationship with the Company.
16. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) ANY FEES PAID BY HYPHENSOCIAL OR (II) ONE HUNDRED DOLLARS USD ($100 USD). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, due to or arising out of: (1) your use of the Services; (2) your breach of this Agreement; (3) your breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, creating an account, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
23. MISCELLANEOUS
This Agreement and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operate to the fullest extent permissible by law. Neither this Agreement nor any rights under this agreement may be assigned or otherwise transferred by you. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Services. You agree that this Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
24. CONTACT US
In order to resolve a complaint regarding the Services, provide feedback, comments, requests for technical support and other communications relating to the Service, or to receive further information regarding use of the Services, please email us at contact@contentconnections.io or contact us at:
Hyphensocial LLC
280 Soggy Ruff Way
Las Vegas, NV 89148