como
Terms of Service
Last updated on January 3, 2023
By accessing and using como (the "Service"), you ("you" or "User") agree to be bound by the following terms and conditions (the "Terms of Service" or "TOS"). If you do not agree to the TOS, do not use the Service.
Changes to the TOS
The Service reserves the right to make changes to the TOS at any time and without notice. It is your responsibility to check for updates to the TOS. Your continued use of the Service after any changes have been made will constitute your acceptance of the revised TOS.
Prohibited content
You agree not to use the Service to publish or transmit any content that:
- Could harm our users, third parties, or the Service
- Violates an applicable law
- Infringes on the copyright of others
- Is suggestive or sexually explicit
- Facilitates human trafficking
- Is violent or promotes violence
- Constitutes harassment, bullying, or threats
- Contains medical treatments or medical advice
- Impersonates another person or entity
The Service reserves the right to remove any content that violates these provisions and to terminate the accounts of users who violate these provisions.
User Conduct
You agree to use the Service only for lawful purposes and in a manner that does not damage, or endanger, or infringe the rights of, or restrict, or inhibit the safe use and enjoyment of the Service by other users and third parties.
Children
The Service is not intended for children under 18 years of age or the age required by your country if you are located outside the United States. By using the Service, you represent that you are at least 18 years of age or the age required by your country if you are located outside the United States.
Intellectual property, Copyright, Trademark, the DMCA, and Takedowns
The Service respects the intellectual property of others and requires that users of the Service do the same. We have a policy that includes the removal of any infringing material from the Service and for the termination, in appropriate circumstances, of users of the Service who are repeat infringers. If you believe that anything on the Service infringes a copyright or a trademark that you own or control, you may notify the Service by filling out our Copyright Report Form or Trademark Report Form, or by contacting [email protected].
Also, please note that if you knowingly misrepresent that any activity or material on the Service is infringing, you may be liable to the Service for certain costs and damages.
If we remove your content in response to a copyright or trademark notice, we will notify you via the email associated with your account. If you believe your content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via our Copyright Counter Notice Form or to [email protected]. Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.
Disclaimer of Warranties and Limitations on Liability
Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. THE SERVICE DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE THE SERVICE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL THE SERVICE BE LIABLE TO YOU FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SERVICE PROVIDER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID THE SERVICE IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Governing law
These TOS and your use of the Service shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.
Dispute resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against the Service, you agree to try to resolve the dispute informally by sending us notice at [email protected] of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.
MANDATORY ARBITRATION. You and the Service agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms.