Terms of Use

 

These Terms of Use (“Terms”) are our terms of service that govern our relationship between you (the “Users”) and us (“SCCW”) concerning the the Second Congregational Church in Warren Maine website located at www.secondcongregational.org . By using or accessing this site, you agree to these Terms, as updated from time to time.

a. General Information

Entire Agreement. These Terms constitute the entire agreement between you and us and governs your use of our webside, superseding any prior agreements between you and us with respect to SCCW.

Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the listed rights or provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should try to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that the account you create to access SCCW is non-transferable, and any rights or contents within your account terminate upon your death. To request that your account be deleted, please email churchoffice@secondcongregational.org.

b. Description of Services

The Website provides you with access to a growing variety of services and resources including, but not limited to, viewing videos, tything, digital downloads of audio, video, art, music, and other files, sample documentation and example forms, informational content, written, audio, and video training resources, spiritual development content, news and updates, other various communications tools, forums, and personalized content, and various apps at no charge to you. By using the Website and the Application, you understand that this usage may include communications from us, including, but not limited to, service announcements, administrative messages, and other messages to which you have individually subscribed. You understand and agree that you are responsible for obtaining access to the Website and the Application, which may involve equipment and third-party fees (such as Internet service provider fees, airtime charges, or other charges associated with the display and delivery of messages).

c. Definitions

  1. “Church” means a nonprofit 501(c)(3) organization with the purpose of leading others to Christ.

  2. “Content” means all creative works and other materials owned by SCCW and Church Partners that are accessible on the SCCW website, including, but not limited to, adult teaching messages, adult message series, children’s teaching messages, children’s message series, original recorded music, artwork, design, and Trademarks.

  3. “Trademarks” means any trademarks owned by SCCW.

  4. “Creative Works” means signage, artwork, images, text, video, audio, data and forms, as well as any other copyrighted content associated with all Trademarks.

  5. “Partner” means individuals and organizations who have given SCCW permission to place their own content, creative works, and trademarks on our website.

  6. “SCCW” means the website located at and all of the Second Congregation Church's noncommercial websites and applications.

  7. “Terms” means these Terms of Service which govern all use of SCCW and the Content.

  8. “User(s)” or “You(r)” means the individual using the SCCW or Content themselves or on behalf of a Church or Ministry.

d. License Grant

SCCW grants You a non-exclusive, non-transferable, terminable, limited license to use the SCCW website and the Content in accordance with the Terms. SCCW reserves the right to terminate Your license to use the website and/or Content at any time for any reason.

  1. For Adult Teaching Messages and Adult Message Series, grants You the following license:

    1. To publicly perform, either via video playback or in-person teaching, the Adult Teaching Messages and Adult Message Series.

    2. To download and use the Adult Teaching Messages and Adult Message Series in their entireties fromand upload to Your Church’s website, provided that the Adult Teaching Messages and Adult Message Series are also publicly performed in Your Church’s services and provided that streaming from Your Church’s website does not require You to extend or grant any of Your rights to a third-party public hosting service (i.e., YouTube, Facebook, Ning, etc.). Hosting or streaming through private services or accounts is allowed.

    3.  

    4. To sync with Life.Church Open Network’s third-party file sharing folder and download and perform Messages as outlined above.

    5.  

    6. To make one digital copy of the Adult Teaching Messages or Adult Message Series, and to make such modifications that are needed to show or use the file, but otherwise no rights are granted to make derivative works, to edit or to sell or distribute digital copies in any manner.

  2. For Life.Church Original Recorded Music accessible on the Platform, Life.Church grants Your Church the following license:

    1. To publicly perform the Life.Church Original Recorded Music.

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    3. To reproduce the Life.Church Original Recorded Music.

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    5. To distribute non-commercially the Life.Church Original Recorded Music.

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    7. To use the Life.Church Original Recorded Music in the creation of derivative works.

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    9. To upload and stream the Life.Church Original Recorded Music from Your Church’s website, provided that streaming from Your Church’s website does not require You to extend or grant any of Your rights to a third-party (i.e., YouTube, Facebook, Ning, etc.).

  3. On all resource download types, for Trademarks owned by Life.Church and the associated Creative Works, Life.Church grants Your Church the following license:

    1. To reproduce the Creative Works for use in Your Church’s youth and children’s ministry.

    2.  

    3. To reproduce the Trademarks, without alteration of any kind, and to display the Trademarks at Your Church’s location or on Your Church’s website only to identify the ministry program, and only as needed to reasonably perform, display, and conduct the ministry program.

    4.  

    5. To use the Creative Works in the creation of derivative works, provided that these derivative works are used only in Your Church’s youth and children’s ministry, and further provided that these derivative works do not contain the Trademarks.

  4. For promotional works, resources and all materials other than Adult Teaching Messages, Adult Message Series, Video Worship Podcasts, Trademarks and Creative Works (“Additional Resources”), Life.Church grants Your Church the following license:

    1. To publicly perform the Additional Resources.

    2.  

    3. To use the Additional Resources to create derivative works.

    4.  

    5. To reproduce and distribute copies of the Additional Resources and derivative works non-commercially.

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    7. To upload and stream the Additional Resources and derivative works from Your Church’s website, provided that streaming from Your Church’s website does not require You to extend or grant any of Your rights to a third-party public hosting service (i.e., YouTube, Facebook, Ning, etc.). Hosting or streaming through private services or accounts is allowed.

  5. For training videos, articles, posts, podcasts, and audio files found in the 'Training' section of the site and their coordinating discussion guides and resources, Life.Church grants Your Church the following license:

    1. To view with the intent of educating yourself or your church staff.

    2.  

    3. To reproduce and distribute copies of the training guides and resources non-commercially.

  6. For engagement with the online community of the Life.Church Open Network, Life.Church grants Your Church the following license:

    1. To view and engage with any and all community pages.

    2.  

    3. To observe and follow moderator suggestions that relate to comment or thread deletions, appropriateness, behavior, or professionalism.

The above rights may be exercised in all media and formats. All rights not expressly granted by Life.Church are hereby reserved.

5. Ownership

Ownership Nothing in these Terms or the licenses granted thereby is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or any other applicable laws.

6. License Restrictions

The license set forth in these Terms is subject to and limited by the following restrictions:

  1. The Adult Teaching Messages and Adult Message Series must not be edited and must be played in their entireties, unless you receive written approval to edit a video from Life.Church. To obtain written permission, please email open@life.church. Each instance of editing requires a unique approval by email.

  2.  

  3. Church may not post any ads, solicitations, or the like to the community pages. Further, Life.Church has the sole and exclusive right to monitor and manage all posts including, but not limited to, deleting, accepting, promoting any comments or threads as Life.Church deems necessary.

  4.  

  5. You and Your Church may not sublicense any rights under the license set forth in these Terms. You and Your Church may not distribute, publicly display, publicly perform, or publicly digitally perform any of Life.Church’s Content or Trademarks with any technological measures that control access or use in a manner inconsistent with the terms of the license set forth in these Terms.

  6.  

  7. You and Your Church agree to maintain a high level of integrity, quality and biblical consistency in the programs in which Your Church uses the Content.

  8.  

  9. You and Your Church may not exercise any of the rights granted under these Terms in any manner that is intended for or directed toward commercial advantage or monetary compensation. You and Your Church may not exercise any of the rights granted under these Terms for any purpose other than leading people to become fully devoted followers of Christ.

  10.  

  11. Except as specifically provided for in the license set forth in these Terms, You and Your Church may not use any trademark or service mark of Life.Church, specifically including but not limited to representing Your Church as Life.Church or affiliated with Life.Church. Nothing herein shall be construed to place the parties in a partnership or joint venture together, and you shall not have the power to bind or obligate Life.Church in any manner.

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  13. For the avoidance of doubt, if the Content is a musical composition:

    1. In addition to automatically terminating the license set forth in these Terms, Life.Church reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Content IF THAT PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.

    2.  

    3. In addition to automatically terminating this License, Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord Your Church creates from the Content (“cover version”) and distributes, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR DISTRIBUTION OF SUCH COVER VERSION IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.

    4.  

    5. Where the Content is a sound recording, in addition to automatically terminating this license, Life.Church reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Content, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR PUBLIC DIGITAL PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.

7. Mobile and Other Devices

We provide the Website for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

8. Privacy

Your privacy is very important to us. Our Privacy Policy outlines how we collect and use the information you provide while using our described services. We encourage you to review the Privacy Policy.

9. Registration and Account Security

Users agree to provide their real name and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. you will not provide any false personal information or create an account for anyone other than yourself without permission;

  2.  

  3. if we disable your account, you will not create another one without our express written permission;

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  5. you will not use the Platform if you are under the age of 13. If you are under 18, we may, at our discretion, require you to obtain the consent of a parent or guardian to view certain content or participate in certain services, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions;

  6. you will keep your contact information accurate and up-to-date; and

  7.  

  8. if you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe this action is appropriate (such as when a trademark owner complains about a username that does not closely relate to a User's actual name).

10. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, posts, or other materials (the “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom this User Content originated. This means that you are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Platform. Although we monitor the User Content submitted to the Platform, we cannot reasonably guarantee the accuracy, integrity, quality, or suitability of this User Content. You understand and agree that by using the Platform, you may be exposed to User Content that is offensive, indecent or objectionable. You agree not to use the Platform to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;

  2.  

  3. harm minors in any way;

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  5. impersonate any person or entity, including, but not limited to, an Application official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform;

  7.  

  8. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  9.  

  10. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  11.  

  12. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

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  14. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

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  16. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges;

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  18. interfere with or disrupt the Platform or servers or networks connected to the Platform or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

  19.  

  20. intentionally or unintentionally violate any applicable local, state, national or international law;

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  22. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

  23.  

  24. “stalk” or otherwise harass another; and/or

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  26. collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.

We provide the Platform for uncompensated, personal, and intangible spiritual and/or religious benefit. You acknowledge that we may or may not pre-screen User Content, but that we shall have the right (but not the obligation) and sole discretion to pre-screen, refuse, or remove any User Content that is available via the Platform for any reason.

11. Disclosure of Your Identity and Content

We may disclose any information we have about you (including your identity) if we determine that a disclosure is necessary in connection with any investigation or complaint regarding your use of the Platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or Users of the Platform. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge, consent, and agree that we may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that access, preservation, or disclosure is reasonably necessary to:

  1. comply with legal process;

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  3. enforce these Terms;

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  5. respond to claims that any Content violates the rights of third parties;

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  7. respond to your requests for customer service; and/or

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  9. protect our rights, property, or personal safety, our Users and the public.

You understand that the technical processing and transmission of the Platform, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

12. Amendments

We may need to update the Terms in the future. Any change will take effect when posted as the most current version of these Terms at: (hyperlink to Open Network Terms). For your convenience and future reference, the date of the version of these Terms is set forth above. Your continued use of the Platform is your consent that you agree to the Terms of Use, so please be sure to check back periodically. When using the Platform you are subject to any additional guidelines or rules which may be posted from time to time on the Platform. All such guidelines or rules are incorporated by reference into these Terms. Violations of these Terms should be reported via email to legal@life.church

13. Termination

You agree that we may, for any reason or no reason and without prior notice, at our sole discretion, immediately terminate your account and access to the Platform at any time and for any reason, and shall not be liable to you or any third party for any termination of your account or access to the Platform. You agree that we will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.

14. Modifications to Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

15. Governing Law & Dispute Resolution

Choice of Law and Forum. The Terms and the relationship between you and us shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction by venue in the state and federal courts in Oklahoma County, Oklahoma, and waive any objection to Oklahoma’s jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or the claim or cause of action is barred. In the event of any controversy or dispute between or arising out of or in connection with your use of the Platform, then we shall attempt, promptly and in good faith, to resolve any dispute. If we are unable to resolve the dispute within a reasonable time (not to exceed thirty (30) days), then either of us may submit the controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the both of us shall be free to pursue any right or remedy available to them under applicable law.

We work to keep the Platform operating as reasonably well as possible by eliminating “bugs” or other errors that can negatively impact your experience with the Platform and the Content, both of which are provided on an “AS IS” BASIS WITHOUT ANY CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITIATION, AND WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE PLATFORM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.  You and Your Church are solely responsible for determining the appropriateness of using or redistributing the Content and assume any risks associated with use under the license set forth in these Terms. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law or agreed to in writing, will Life.Church be liable to You or Your Church for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this license or out of the use or inability to use the Content (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Life.Church has been advised of the possibility of such damages.

You and Your Church acknowledge that the Content is valuable property owned exclusively by Life.Church and/or Life.Church’s Partners. You and Your Church agree that you will not challenge or dispute Licensor’s exclusive rights in and to the Content.

16. Indemnity

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Platform.

You and Your Church agree to defend, indemnify, and hold harmless Life.Church and its subsidiaries, officers, directors, employees, members, agents, and Life.Church Partners against any claim, dispute, loss, expenses, damages, or other liability arising in whole or in part from You and/or Your Church’s breach of this license or use of the Content.

17. Limitation of Liability

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Platform is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any downloaded material.

The Platform may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we have no control over, are not responsible for the availability of, and do not endorse and are not responsible or liable for, any Content, advertising, products or other materials on or available from other sites or resources. You acknowledge and agree that we are not responsible in any way for any damage or loss caused by or in connection with use of or reliance on any site or resource.

18. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided within these Terms, there shall be no third-party Beneficiaries to this agreement.

19. Dealings with Third Parties

You acknowledge that your dealings with any parties met or found on or through the Platform are solely between you and that party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with a third party. You are urged to exercise good judgment, care, and caution when meeting with or communicating with any third party met or found on or through the Platform.

20. Notice

We may provide you with notices, including those regarding changes to these Terms, using methods including, but not limited postings on the Platform, or other reasonable means now known or later developed.

21. Proprietary Rights

You acknowledge and agree that the Platform contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, intellectual property laws, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by us, you agree not to copy, modify, rent, lease, loan, sell, distribute, publicly display, publicly perform or create derivative works based on the Platform, in whole or in part.

22. Notice and Procedure for Making Claims of Intellectual Property Infringement

We respect the intellectual property of others. We ask you to do the same, particularly where it pertains to using the Platform. We may, in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to legal@life.church:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in question;

  2.  

  3. a written description of the copyrighted work or other intellectual property that you claim has been infringed;

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  5. a written description of where the material that you claim is infringing is located on the Platform;

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  7. your address, telephone number, and email address (all that apply);

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  9. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

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  11. a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner, or that you are authorized to act on the behalf of the copyright or intellectual property owner.

23. Special Provisions Applicable to Users Outside the United State

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users and non-users who interact with the Platform outside the United States:

  1. you consent to having your personal data transferred to and processed in the United States;

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  3. if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on the Platform (such as advertising or payments) or operate a platform application or website; and

  4.  

  5. you will not use the Platform if you are prohibited from receiving products, services, or software originating from the United States.

24. Violation of These Terms of Use

If we take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.

You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in these circumstances. These remedies are in addition to any other remedies we may have at law or in equity.