1. Acceptance of Terms of Use Agreement.

By creating a Collage account (the “Account”) you agree to be bound by this Terms of Use Agreement (this “Agreement”). IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THE AGREEMENT, YOU MUST NOT CREATE AN ACCOUNT OR USE THE SERVICES.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 13 BELOW. THESE PROVISION GOVERN THE POTENTIAL CLAIMS BETWEEN YOU AND COLLAGE AND INCLUDE MANDATORY INFORMAL DISPUTE RESOLUTION, AN ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL, SMALL CLAIMS COURT ELECTION, AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

Collage has the unilateral and unfettered right to revise this Agreement from time to time. The most current and applicable version of this Agreement will be available on Collage’s website and/or mobile application. The most recent version applies to your use of your Account. If the changes include material changes to your rights or obligations, Collage will notify you in advance of such changes (unless Collage is unable to do so under applicable law) by reasonable means, which could include notification through your Account, website, mobile app or via email. If you continue to use your Account after the changes to this Agreement become effective, then you will be deemed to have agreed to the revised Agreement, without reservation. You agree that this Agreement shall supersede any prior agreements and shall govern your entire relationship with Collage.

2. User Eligibility.

You must be at least 18 years of age to create and use an account on Collage. By creating an account, you represent and warrant that:

i) you have the legal capacity to contract and enter into a binding contract with Collage;

ii) you are not barred from creating and/or using an Account under the laws of the United States or any other applicable jurisdiction;

iii) you have not committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry;

iv) you will comply with this Agreement, as well as all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

v) you have no more than one account with Collage; and

vi) you have not had your Account previously removed or banned from Collage. If at any time you can no longer meet all of these requirements, all authorization to access your Account shall be automatically revoked and you must immediately delete your Account and not reestablish an account with Collage in the future.

3. Modification to Accounts, Suspension and/or Termination.

To continuously improve your experience with Collage, Collage may add or remove features from time to time. If these actions do not materially affect your rights or obligations, Collage may or may not provide you with notice of such changes. Collage reserves the sole and unfettered right to suspend features and/or your Account entirely, in which event, Collage will notify you in advance unless safety concerns dictate that no such advance notice will be provided. You may terminate your Account at any time, for any reason. Collage may terminate your account at any time, without notice, if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund from Collage. Upon termination of your Account, this Agreement will terminate, other than Sections 4, 6, and 10 through 21, which shall survive termination.

4. Safety and Member Interaction.

You agree to be respectful and courteous when communicating with other Collage members. Although Collage attempts to encourage a respectful and courteous member experience, COLLAGE DISCLAIMS ANY AND ALL RESPONSIBILITY AND/OR LIABILITY FOR THE CONDUCT OF ANY MEMBER DURING THE USE OF THEIR ACCOUNT, OUTSIDE THE USE OF THEIR ACCOUNT, OR USE OF ANY COLLAGE SERVICES. YOU AGREE TO TAKE PROPER PROCAUTIONS AND USE PROPER CAUTION IN ALL INTERACTIONS WITH OTHER COLLAGE MEMBERS.

COLLAGE IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLE FOR CONDUCT WHILE USING YOUR ACCOUNT OR CONSEQUENCES OF YOUR INTERACTIONS WITH OTHER COLLAGE MEMBERS. COLLAGE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR ANY OTHER BACKGROUND CHECKS, SCREENING OR INQUIRIES OF ITS MEMBERS. COLLAGE MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AS TO THE COMPATIBILITY, BEHAVIOR OR MOTIVATIONS OF ITS MEMBERS. COLLAGE RESERVES THE RIGHT, BUT DOES NOT HAVE THE OBLIGATION OR DUTY TO CONDUCT BACKGROUND CHECKS OR OTHER SCREENINGS OF ITS MEMBERS. YOU AUTHORIZE COLLAGE TO CONDUCT SUCH BACKGROUND CHECKS OR OTHER SCREENINGS, TO BE CONDUCTED AT COLLAGE’S SOLE AND ABSOLUTE DISCRETION, USING PUBLIC RECORDS OBTAINED BY COLLAGE OR WITH THE ASSISTANCE OF A QUALIFIED THIRD PARTY. YOU AGREE THAT ANY INFORMATION YOU PROVIDE TO COLLAGE MAY BE USED FOR SUCH PURPOSES.

5. Member Rights

Collage grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use your Account. This license is for the sole purpose of allowing you use the Account permitted by this Agreement in an ethical and lawful manner. Any of the following conduct will be deemed a violation of this Agreement and in addition to all other available legal rights or remedies available to Collage, automatically revoke your license to use the Account:

i) use of the Account or any content contained in the Account for any commercial purposes;

ii) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Account or Collage’s website and/or app;

iii) upload viruses, other malicious code or otherwise compromise the security of Collage and the accounts of Collage members;

iv) directly or indirectly state or imply that your statements are endorsed or generated by Collage;

v) use any bot, spider, crawler, scraper, site search/retrieval application, proxy or other device, method or process to access, retrieve, index, mine data, or reproduce or circumvent the navigational structure or presentation of Collage’s content and/or accounts;

vi) use meta tags or code referencing Collage or its trademark, logos or other identifiers to direct any Collage member to any other website or other third party;

vii) use or develop any applications or software that may interact with the accounts and/or information of other Members; or

viii) engage directly or indirectly in any activity that violates this Agreement.

6. Collage Rights.

By creating your Account, you grant to Collage a worldwide, transferable, sub-licensable, royalty-free, right and license to use, store, copy, host, display, reproduce, adapt, edit, publish, modify, incorporate into other works, advertise, distribute, and otherwise make available to the general public, information you authorize us to access, as well as any information you make available through your Account and your use of the Collage’s website and/or app (collectively, “Content”). Collage’s license to your Content shall be non-exclusive, except that Collage’s license shall be exclusive with respect to derivative works created by Collage. Furthermore, you authorize Collage to act on your behalf with respect to infringing uses of your Content taken by other members or third parties, including the authority, but not the obligation, to send take down notices pursuant to 17 U.S.C. § 512(c)(3) on your behalf. Our license to your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing and improving Collage. You agree that any Content you place on your Account or elsewhere may be viewed by other members and may be viewed by any person visiting or participating on Collage’s platform.

• You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content and grant the license to Collage.
• You agree that Collage may review, monitor and/or delete any Content you post on your Account, at Collage’s sole and unfettered discretion.
• You understand that Collage may terminate your account for any reason, at its sole and unfettered discretion.
• You agree that Collage may access, store, and disclose your account information and Content if required by law, enforcement of the Agreement, responsive to claims that any Content violates the rights of third parties, customer service, or protect the rights, property or safety of the Company or any other person.

7. Collage Account.

• In order to use Collage, you may sign in by different methods, including the use of Google Play and the Apple Store. Payment terms and refund protocols may differ based on the payment method or sign in method used.
• You are responsible for maintaining the confidentiality of your Collage login credentials and you are solely responsible for all activities that occur under those credentials. You must take all necessary steps as required to protect your Account and keep such information confidential. If you someone else has gained unauthorized access to your account, please immediately contact Collage.

8. Community Rules.

By using your Account and using Collage’s services, you agree that you will not:

i) use your Account for any illegal or prohibited purpose or in violation of the terms of this Agreement;

ii) spam other members; iii) steal the identify of other members;

iv) solicit money or other items of value from other members;

v) defraud other members;

vi) post images of another person without permission;

vii) intimidate, harass, defame, or otherwise mistreat any member;

viii) post any Content that violates or infringes on the lawful rights of another;

ix) post hate speech, threatening text or images, sexually explicit or pornographic images, images that contain nudity or images that depict violence;

x) post any Content that promotes racism, bigotry, discrimination, hatred or physical harm toward any group or individual; and

xi) misrepresent your identity, age, profession, qualifications, or affiliations.

9. Content of Other Members.

Content is the sole responsibility of the member who posts it. If you discover Content in violation of this Agreement, please report such violation to Collage. However, Collage is under no obligation to remove any such Content. Moreover, Collage disclaims any obligation or requirement to monitor members’ Content and does not guarantee or represent that all Content will comply with this Agreement.

10. Disclaimer of Representations and Warranties.

COLLAGE’S SERVICES ARE PROVIDED ON “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ACCOUNTS, SERVICES AND CONTENT ON COLLAGE’S WEBSITE, APP OR PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS. COLLAGE PROVIDES NO REPRESENTATION OR WARRANTY AS TO THE AVAILABILITY, SECURITY OR ACCURACY OF ITS SERVICES OR ACCESS TO ACCOUNTS OR SERVICES OR THAT CONTENT OR INFORMATION OBTAINED OR VIEWED ON COLLAGE’S WEBSITE, APP OR PLATFORM BE ACCURATE OR APPROPRIATE. COLLAGE IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY YOU, ANY MEMBER OR ANY THIRD PARTY OR ANY CONDUCT OF YOU, ANY MEMBER OR ANY THIRD PARTY. ANY CONTENT OBTAINED THROUGH YOUR USE OF COLLAGE IS AT YOUR OWN RISK.

11. Services are Non-Refundable.

• Generally, all charges for purchases or subscriptions from Collage are nonrefundable. Collage may provide a refund at its sole and absolute discretion or if such refund is required by law.
• For members residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the following terms apply:
• You may cancel your purchase, without penalty or obligation, at any time prior to midnight of the third business day following the date of your purchase. In the event that you are unable to use your Account due to disability, you shall be entitled to a refund of that portion of any payment you had made for your use of your Account, which is allocable to the period after you be disabled by providing Collage with proper written notice.

12. Limitation of Liability.

YOU DISCLAIM AND WAIVE THE RIGHT TO SEEK ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES FROM COLLAGE AND/OR ITS AFFILIATES, EMPLOYEES, MEMBERS, OFFICERS, MANAGERS, LICENSORS OR SERVICE PROVIDERS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, USE, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, RESULTING FROM USE OF COLLAGE’S WEBSITE, APP, PLATFORM, YOUR ACCOUNT OR ANY COLLAGE SERVICES. IN NO EVENT SHALL COLLAGE’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCOUNT, COLLAGE’S SERVICES, COLLAGE’S WEBSITE, APP AND/OR THIS AGREEMENT, EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO COLLAGE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY LEGAL PROCEEDING AGAINST COLLAGE, WHETHER IN LAW OR IN EQUITY. THIS LIMITATION ON DAMAGES APPLIES TO ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT, YOUR USE OF COLLAGE’S SERVICES, YOUR ACCOUNT OR ANY OTHER USE OF COLLAGE’S WEBSITE, APP AND/OR PLATFORM.

13. Dispute Resolution.

In the event of dispute between you and Collage, you agree to resolve such dispute as follows:

A. INFORMAL DISPUTE RESOLUTION PROCESS

• Prior to the filing of a formal legal action, you agree to provide with Collage with written notice of your claim to collageconnections@gmail.com (“Dispute Notice’). Your Dispute Notice shall include: i) your name; ii) Account information; iii) your address, email address and phone number; and iv) a detailed factual description of your dispute and the relief sought. Following the sending of the Dispute Notice, Collage will contact you regarding your dispute. You agree to negotiate in good faith to resolve any and all disputes with Collage, either directly, or through legal counsel if applicable. If resolution is not reached with ninety (90) days from the receipt of the Dispute Notice, you or Collage may initiate an arbitration with the American Arbitration Association (“AAA”) or a small claims action, as detailed below.
• Your failure to participate in the informal dispute resolution process prior to filing of formal legal action will be a breach of this Agreement and shall bar the filing party from pursuing any such claim. Unless prohibited by applicable law, AAA shall not accept or administer any demand for arbitration if the party filing the demand for arbitration did not first participate in the informal dispute resolution process. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims action.

B. WAIVER OF CLASS ACTION FILINGS AND JURY TRIAL

• TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). THE PARTIES WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER, OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE PARTIES WAIVE THEIR RIGHT TO LITIGATE OR ARBITRATE DISPUTES ON A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. THIS PARAGRAPH IS A MATERIAL TERM OF THIS AGREEMENT.

C. DISPUTE RESOLUTION LIMITED TO ARBITRATION OR SMALL CLAIMS COURT

• Any dispute that arises from this Agreement and/or your use of your Account, Collage’s website, app or services shall be exclusively resolved through Arbitration filed with AAA. Disputes shall be broadly interpreted to include all claims that may arise between you and Collage. However, if you do not wish to pursue your claims against Collage in arbitration, you have the right to pursue your claims in small claims court in a court of competent jurisdiction in Los Angeles County, California. Any dispute regarding the jurisdiction of the small claims court over the dispute shall be determined by the small claims court.
• In the event this Section 13 is deemed unenforceable by a court of competent jurisdiction, any litigation against Collage may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to personal jurisdiction in Los Angeles County, California for such litigation and irrevocably waive any claim that such courts constitute a forum non conveniens.

D. COMMENCEMENT OF ARBITRATION

To initiate an arbitration, you shall send AAA a demand for arbitration, including any and all information required by AAA to administer and arbitration and send a copy of such a demand for arbitration to Collage. The payment of fees, scheduling of hearings and other arbitration protocols shall be determined by AAA’s standard terms and rules governing the dispute. There shall be a single arbitrator appointed pursuant to AAA’s rules and protocols. The arbitrator shall strictly follow the terms of the Agreement and make determinations based upon the terms of the Agreement. In the event AAA’s rules conflict with this Agreement, the terms of this Agreement shall control. Discovery shall be limited to the greatest extent permitted under AAA’s rules.

E. ARBITRATION AWARD

The arbitrator shall provide a reasoned decision based on applicable law and supported by admissible evidence. The arbitrator shall not be permitted to award attorneys’ fees to a prevailing party, unless the arbitrator determined that the claim was brought for an improper purpose or brought in bad faith. Notwithstanding a determination of bad faith by the arbitrator, each party will be solely responsible for its own attorneys’ fees and costs.

14. Governing Law.

California law and the Federal Arbitration Act will apply to any dispute or action brought by a party against the other. To the fullest extent allowable by law, the laws of California, without regard to its conflict of laws rules, shall apply to any dispute arising out of or relating to this Agreement and your use of Collage.

15. Venue/Forum Selection.

To the fullest extent allowable by law, any claims that are not arbitrated must be litigated in Los Angeles County, California. The parties agree to personal jurisdiction in Los Angeles County, California.

16. Indemnity.

To the greatest extent permitted by law, you agree to indemnify, defend and hold harmless Collage, including its officers, members, partners, affiliates, agents, managers and employees, from and against any and all complaints, demands, claims, damages, losses, costs, including attorney’s fees, arising out of, or relating in any way to your use and/or access to your Account, Collage’s services, your Content, Collage’s website, app or your breach of this Agreement.

17. No Waiver

Collage’s failure or delay of enforcement of any of its rights or terms of this Agreement shall not constitute a waiver of such rights or terms.

18. Account Non-Transferable

You agree that your Account is non-transferable and all of your rights to your Account and its Content terminate upon your termination of the Account, your disability or death.

19. No Additional Relationship Established

No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Collage in any manner.

20. Entire Agreement

This Agreement contains the entire agreement between you and Collage regarding your relationship with Collage. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.