Terms and Conditions | CaptureFully

Terms and Conditions:

Last Updated: 4/2/23

These Terms of Use (“Terms of Use” and “Terms”) constitute a legally binding agreement between you and CaptureFully LLC and its subsidiaries, representatives, affiliates, partners, subcontractors, outsourced labor or otherwise affiliated entities and /individuals (collectively “CF”) governing your use of CF’s website, including any affiliated web domains, widgets, and mobile applications (together, the “Site” and together with the Site, any services provided through the Site or by CF (“Services”). These Terms of Use govern your access to and use of the Site and Services.

If you have any questions about these Terms or our Service, please contact us at legal@CaptureFully.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

Nature of our Site and Services

Site is a Venue. The Site provides a venue for people seeking videography and interview services (“Clients”) to connect with people who want to provide those services (“CF-Partners”) and to purchase those Services. CF is not a referral, matching or placement services and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Clients.

ELIGIBILITY AND ACCEPTANCE

By requesting to use and/or using the Site, and all related software, data feeds, widgets, materials, content and any other services or products available on or through the Site, you are agreeing to be bound by these Terms of Use and to abide by and comply with the terms set forth herein. If you do not agree to these Terms, do not access or use the Site or Services.

You represent and warrant that:

You must be at least 13 years old to use the Site and/or Services. By using Services, you represent that you are either (1) at least 18 years of age (or an emancipated minor) and are fully able and competent to agree to these Terms of Use, or (2) at least 13 years of age and your legal parent(s) or guardian(s) consent to your registration for Services and use of the Site and agree to be bound by these Terms of Use in respect to your use of Services and the Site.
If you are using Services or Site on behalf of an entity, such as a company or organization , then you represent to us that you have the power and authority to bind such entity to these Terms of Use.
You must agree to and accept these Terms of Use prior to using the Site or Services. If you do not agree to any of these Terms of Use, you are prohibited from using or accessing the Site or Services.

USE OF SITE AND SERVICES
1. Registration Information. When you submit an inquiry through the Site or follow-up offline, you will be asked to provide CF with certain information about yourself (your “Information”) and/or the family member on behalf of whom you are inquiring about Services (“Client-Family Member”). Following the inquiry, we will contact you via telephone or other medium, and you may be asked to provide additional information about yourself and your family member and/or your use of third party services. Your information will be used in accordance with CF’s Privacy Policy. You are responsible for providing accurate, current and complete information, including the information provided through the inquiry process or telephone conversation used to arrange Services on your behalf.
2. Account and Account Security. You may need to register for an account to enable access to some or all of our Service. Your account may be a free trial or a paid version based on our current offerings, which we may change at any time. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for safeguarding the password that you use to access the Site and the Service. If you permit others to use your account credentials, you are responsible for the activities of such Clients that occur in connection with your account.
3. Use of Personal Information. You may from time to time receive personal information of a CF-Partner. For example, upon confirmation of a booking. Client’s will be provided with a CF-Partner’s contact information if choosing Services that involve a visit by a CF-Partner to the residence of the Client or the Client-Family Member on behalf of whom the Client is inquiring about and/or engaging for the Services. Any personal information you receive may only be used for the specific purpose it was provided to you or your family member in connection with the Site and Services. CF-Partners may not contact Clients or Client-Family Member, and Clients may not contact CF-Partners, for any purpose other than asking a question, providing information, or making arrangements related to a booking arranged through the Site.
4. Review Guidelines. Clients and/or Client Family Members may have the opportunity to provide reviews about CF-Partners they have used. Reviews should not include any personal information about a CF-Partner that is not disclosed in the CF-Partner’s public profile (for example, the review should not include or reference a CF-Partner’s address or phone number.) Reviews should be limited to your (or Client-Family Member’s) firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. We reserve the right to remove any review that we feel, in our sole discretion, violates these guidelines.
5. Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent CF’s messaging tools or booking platform, including for the purpose of avoiding obligation to pay fees related to CF’s provision of Services.
6. Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a service or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding”, “spamming,” “mail bombing,” or crashing;” (d) using the Site or Services to send unsolicited email-including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or part of the header information in any e-mail or in any posting using Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CF in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
7. Risk Assumption and Precautions. You assume all risk when using the Site and associated Services, including, but not limited to, all of the risks associated with any online or offline interaction with others.
8. Privacy Policy. You represent that you have read and understood our Privacy Policy.
THIRD PARTY SITES.

The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising or other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third party Site.

TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.

Clients may provide CF with their mobile phone number as part of the booking process. Clients who provide CF with their mobile phone number may receive text message communications from CF on their cellular phones and/or mobile devices. By providing CF with your mobile phone number, you consent to CF sending text messages to your cellular phone and/or mobile device. CF does not charge for sending text message, but your carrier may charge you.

PROMOTIONAL OFFERS AND CREDITS

From time to time, CF may offer special promotions, credits, awards or discounts (“Promotions”). All Promotions will be run at the sole discretion of CF, and can be modified or terminated at any time by CF with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, CF may offer fee or reward credits to its Clients. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF CF AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

“AS-IS” BASIS. CF provides the Site on an “AS IS” and “AS AVAILABLE” basis. Your use of the Site is at your own DISCRETION AND RISK.
NO WARRANTIES, RELEASE, OR, GRANTS OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Clients, Services, or the Site (or any information contained in the Site). CF does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. CF DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH. CF does not warrant that your use of the Site or Services, or that information on the Site, will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site or Services will be corrected. CF makes no warranties about the connectivity and continued availability of the Site or Services. You acknowledge and assume any risks associated with allowing an individual in your home to perform Services on your behalf.

YOU AGREE TO RELEASE CF AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) SERVICES, (III) ANY CLAIM OR CONTROVERYSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER CLIENTS.

USER CONTENT. CF MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through Services by Clients or Client-Family Members, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through Services.

LIMITATION OF LIABLITY. IN NO EVENT WILL CF OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR SERVICES. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF USE, CF’S MAXIMUM AGGREGATE LIABILITY TO CLIENTS IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY CLIENT OR CLIENT-FAMILY MEMBER TO CF IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
INDEMNIFICATION

Client agrees to indemnify, defend and hold harmless CF and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by CF and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your violation of these Terms of Use or your violation of any rights of a third party, (ii) your interactions with or conduct towards any CF-Partners, or (iii) your violation of any applicable law, rules or regulations. Client agrees that Client will cooperate as reasonably requested by CF in the defense of such claims. CF and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defenses and control of any matter otherwise subject to indemnification by Client.

STORYCAPTURE FILE

The Site and/or Service may use proprietary algorithms, techniques, methods, and systems (the "CaptureFully Technology") to create video content (the "StoryCapture File") that enable Clients to discover and capture their stories, including video, audio, interviews, family and personal photos, home videos, and more of the subject of the StoryCapture File (the "Subject"). The CaptureFully Technology is designed to enable and bring out the essence of the Subject’s life, their stories, memories, values, and more by coaching, guiding, questioning, and providing a comprehensive and wholistic experience to recording the Subject and any supportive materials based on the proprietary CaptureFully Technology. CF will host the StoryCapture File, along with other videos and finished products provided by CF, subject to reasonable limits on storage, storage fees, or other terms, as may be imposed by CF from time to time upon written notice to you (or as set forth in these Terms), and CF's right to terminate at any time. You acknowledge, and hereby hold harmless, CF for any and all loss of access to the StoryCapture File or any other Service provided by CF.

CF MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE STORYCAPTURE FILE, OR ANY OTHER SERVICE, OR THE CAPTUREFULLY TECHNOLOGY WILL ALWAYS BE ACCESSIBLE OR AVAILABLE OR WILL BE UNINTERRUPTED OR ERROR FREE.

FOR CLARITY, YOU ACKNOWLEDGE AND CONSENT THAT CF HAS COMPLETE AND ABSOLUTE OWNERSHIP OF THE STORYCAPTURE FILE, CAPTUREFULLY TECHNOLOGY, AND ANY AND ALL SERVICE PROVIDED BY CF AT ANY TIME AND WITHOUT LIMITATION.

IMAGE, LIKENESS, VOICE RECORDINGS, AND TRANSCRIPTS

You acknowledge and agree that when you interact with CaptureFully Technology through the Service, your image, likeness, and an audio file of your voice becomes part of the StoryCapture File and may be accessed and processed by CF. You (i) consent to the use of your image, likeness, voice or transcript described herein and in the Privacy Policy; and (ii) release and discharge CF and its officers, directors, employees, agents, and assigns from all liability for any claims that the creation or use of your image, likeness, voice or transcript by CF (or any party on its behalf) as authorized in these Terms violates any of your rights, including intellectual property rights or rights of publicity or privacy. You also acknowledge and agree that you will not be entitled to any additional compensation for the use of any your image, likeness, voice or transcripts as authorized under these Terms.

USER CONTENT

a. Our Service may allow you and other Clients to create, post, store and share text, photos, videos, documents, artwork, music, and other content and materials included as part of your StoryCapture File (collectively, "User Content"). Except as otherwise provided herein, you retain all rights in and to your User Content, excluding any StoryCapture Files and other portions of the Service included in your User Content.

b. You grant CF and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content, and your first name, voice, image, and likeness as contained therein, in and in connection with your StoryCapture Files and the Services in all media formats and channels now known or later developed without compensation to you. Depending on your account settings, when you post or otherwise share User Content on or through the Site or Services, you understand that your User Content and any associated information may be visible to others in accordance with such settings.

c. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant CF the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of, or cause injury to, any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice, in our sole discretion.

PROHIBITED CONTENT AND CONDUCT
1. You agree that you will not do any of the following in connection with the Site or Services:
  1. Use or attempt to use another Client’s account without
    
    authorization from that Client and CF;
  2. Impersonate or post on behalf of any person or entity or
    
    otherwise misrepresent your identity or affiliation with any person or entity;
  3. Sell, resell, sublicense, or commercially use the Site or
    
    Services;
  4. Copy, reproduce, distribute, publicly perform or publicly
    
    display all or portions of the Site or Services, except as expressly permitted by CF or our licensors;
  5. Modify, adapt, or hack the Site, remove any proprietary
    
    rights notices or markings, or otherwise make any derivative works based upon the Site or Services;
  6. Use the Site or Services other than for its intended purpose
    
    and in any manner that could interfere with, disrupt, negatively affect or inhibit other Clients from fully enjoying the Site and Services or that could damage, disable, overburden or impair the functioning of the Site or Services in any manner;
  7. Reverse engineer any aspect of the Site or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Site or Services;
  8. Use any data mining, robots or similar data gathering or
    
    extraction methods designed to scrape or extract data from the Site or Services;
  9. Develop or use any applications that interact with the Site
    
    without CF’s prior written consent;
  10. Violate any applicable law, contract, intellectual property
    
    right or other third-party rights;
  11. Bypass or ignore instructions contained in our robots.txt
    
    file;
  12. Engage in any harassing, threatening, intimidating,
    
    predatory or stalking conduct; or
  13. Use the Site or Services for any illegal or unauthorized
    
    purpose, or engage in, encourage or promote any activity that violates these Terms.
2. You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that, in our sole judgment:
  1. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, or fraudulent;
  2. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  3. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Contains or depicts any statements, content, remarks or claims that are false, misleading, deceptive, or fraudulent;
  5. Impersonates, or misrepresents your affiliation with, any person or entity;
  6. Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  7. Contains any private or personal information of a third party without such third party's consent;
  8. Contains any viruses, corrupted data or other harmful,
    
    disruptive or destructive files or content; or
  9. Is objectionable, restricts or inhibits any other person
    
    from using or enjoying the Site or Services, or may expose CF or others to any harm or liability of any type.
3. Enforcement of these rules is solely at CF's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

TRADEMARKS

CF, and our logos, slogans, and the look and feel of the Site and Services are trademarks of CF and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on or in connection with the Site and Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, or to individuals, does not constitute or imply any endorsement, affiliation, sponsorship or recommendation.

FEEDBACK

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about CF, the Site, or Services (collectively, "Feedback"). You understand and agree that we have no obligation to treat Feedback as confidential and that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in CF's sole discretion.

Third-Party Content; Third-Party Charities, Products and Services

CF may provide, or may provide links to or information about, third-party content through the Site or Services (collectively, "Third-Party Content*"*). CF provides Third-Party Content as a service to those interested in such content. CF does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that CF is not responsible or liable for, and undertakes no responsibility to update or review, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk.

CF may also provide information about or links to third-party charities, products or services on the Site. CF does not endorse or make any representations or warranties regarding any third-party charities, products or services or any related promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. CF is not responsible or liable in any manner for any third-party charities, products or services, for any loss or damage of any sort incurred as the result of any donations you may make or any products, services, dealings or promotions.

OWNERSHIP AND LIMITED LICENSE

The Site, including the CF Technology, Services, the text, graphics,

images, photographs, videos, illustrations and other content contained therein, and all StoryCapture Files, are owned by CF or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site and Services are reserved by CFs or our licensors.
Subject to your compliance with these Terms, you are hereby granted

a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site and use Services solely for your own personal, noncommercial use. Any use of the Site or Services other than as specifically authorized herein, without CF’s prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. You may not upload, port, or adapt the Site or use or permit our Services or to be hosted on another platform, unless expressly authorized in writing by CF. If you are permitted to use our Services or StoryCapture Files on a third-party platform, you will prominently and conspicuously display, on or near any presentation of our Services or StoryCapture Files, an attribution or credit line such as "Created by CaptureFully" as approved by CF designating the source and origin of Services and StoryCapture Files.

DISCLAIMERS

YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE, SERVICES, AND ANY CONTENT THEREIN (INCLUDING ALL STORYCAPTURE FILES) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, CF DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR ACCESS TO STORYCAPTURE FILES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, PERPETUAL, OR ERROR-FREE. WHILE CF ATTEMPTS TO MAKE YOUR USE OF THE SITE AND SERVICES, AND ANY CONTENT THEREIN SAFE, CF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND SERVICES.

TRANSFER AND PROCESSING OF DATA

In order for CF to provide the Site and Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

REFUNDS

CF is not obliged to offer refunds should you change your mind and wish to terminate the Services after you have subscribed and used the Site or Services. If you are a consumer (i.e., you are using the Services for purposes which are wholly/mainly outside your trade, business, craft or profession) and you have paid for Services but have never used them (where usage includes uploading media, editing media, adding subtitles among other things) and you are still within the first 14 days of your subscription, if you have changed your mind and you cancelled your subscription via the Applications, we will refund you in full for the applicable Services under your subscription. Note the following when exercising your right to change your mind as a consumer:

you do not have a right to change your mind once we have supplied

you with Services (i.e. you have used Services), even if the 14 day period is still running; and
if you cancel your subscription, during the 14 day period, after we

have started supplying Services (i.e. you have used Services), any Subscription fee paid or payable remains paid or payable and you will not be entitled to any refund for the applicable Services under your subscription.

19. MODIFYING AND TERMINATING OUR SITE AND SERVICES

CF reserves the right to modify the Site and Services or to suspend or stop providing all or portions of the Services, or to terminate your use of the Site or Services, at any time in CF’s sole discretion, including terminating the hosting of StoryCapture Files and the availability of the CaptureFully Technology. You also have the right to stop using the Site and Services at any time, subject to the specific terms of purchase for the specific Services you have engaged. CF is not responsible for any loss or harm related to your inability to access or use the Site or Services, including your StoryCapture Files, for any reason. In any such event, access to your StoryCapture Files will be in accordance with Section 3 of these Terms.

20. ADDITIONAL TERMS AND AMENDMENTS

CF may supply different or additional terms in relation to some

portions of the Site or Services, and those different or additional terms become part of your agreement with us if you use the Site or Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
CF may make changes to these Terms from time to time. If CF makes

material changes, CF will provide you with notice of such changes, such as by sending an email, providing a notice through the Site or updating the date at the top of these Terms. Unless CF says otherwise in CF’s notice, the amended Terms will be effective immediately, and your continued use of the Site and Services after CF provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Site and Services.
These Terms, along with the Privacy Policies, are hereby

incorporated.

21. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with CF and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and CF agree that any dispute arising out of or related to these Terms, the Site, or Services is personal to you and CF and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or CF seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or CF seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and CF waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms, the Site, or Services, including claims related to privacy and data security, (collectively, "Disputes") resolved in court. Instead, for any Dispute that you have against CF you agree to first contact CF and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to CF by email at legal@CaptureFully.com. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and CF cannot reach an agreement to resolve the Dispute within sixty (60) calendar days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Denver, Colorado. For purposes of this Section 22, a "consumer*"* means a person using the Site or Services for personal, family or household purposes. You and CF agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and CF agree that these Terms affect interstate commerce and that the enforceability of this Section 22 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA*"*), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, CF, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and CF agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and all remaining JAMS fees and costs. For any arbitration initiated by CF, CF will pay all JAMS fees and costs. You and CF agree that the state or federal courts of the State of Colorado and the United States sitting in Denver, Colorado have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and CF will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 22 by emailing us at legal@CaptureFully.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration..

If any portion of this Section 22 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 22 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 22; and (iii) 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. Further, if any part of this Section 22 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 22 will be enforceable.

GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Service will be governed by and construed and enforced in accordance with the laws of Colorado, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Colorado and the United States, respectively, sitting in Denver, Colorado.

DIGITAL MILLENNIUM COPYRIGHT ACT.

CF respects the intellectual property rights of others and expects its Clients to do the same. CF may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, CF, in its sole and absolute discretion, may termination the accounts of Clients who infringe the intellectual property rights of others. If you believe any materials on the Site infringe your copyright, you may request removal of those materials from the Site by contacting CF’s copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be

infringed. Please describe the work, and where possible include a copy or the location (e.g. URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and

its location. Please describe the material, and provide CF with its URL or any other pertinent information that will allow CF to locate the material.
Your name, address, telephone number and (if available) e-mail

address.
A statement that you have in good faith belief that the complained

of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate,

and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder

or authorized representative.

CF’s Copyright Agent is:

Copyright Agent CaptureFully LLC

legal@CaptureFully.com

RELEASE

To the fullest extent permitted by applicable law, you release CF and its subsidiaries, representatives, affiliates, partners, subcontractors, outsourced labor or otherwise affiliated entities and individuals from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between Clients and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

COMPLETE AGREEMENT

These Terms of Use contains the entire agreement between you and CF regarding the use of the Site and Services, and supersede any prior agreement between you and CF on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Use.

Contact Information. If you have any questions or need further information as to the Site or Services, or need to notify CF as to any matters related to the Site or Services please contact CF at:

CaptureFully LLC.

legal@CaptureFully.com

MISCELLENEOUS

The failure of CF to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

(b)Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

PRIVACY POLICY

This Privacy Policy explains how CF collect, use, and disclose information about you. This Privacy Policy applies when you use the Site, Services, and other online products and services that link to or otherwise reference this Privacy Policy, including CF websites at www.CaptureFully.com or when you otherwise interact with CF. Note that certain CF websites and applications may have separate privacy policies that govern their use, which can be accessed from those websites or applications.

CF may change this Privacy Policy from time to time. If CF makes changes that CF deems material, CF will notify you by revising the date at the top of the policy, and CF may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). CF encourages you to review the Privacy Policy whenever you access the Site or Services or otherwise interact with CF to stay informed about CF information practices and the choices available to you.

COLLECTION OF INFORMATION. CF collects information you provide

directly to CF. For example, CF may collect information when you create an account, create a profile, tagline or bio, make a payment, fill out a form, participate in a contest or promotion, request customer support, send us an email, use the Services, or otherwise communicate with CF. The types of information CF may collect include your name, email address, password, payment information and any other information you choose to provide.
RECORDINGS. When you use Services, CF captures your voice and

likeness as well as any information you provide in your StoryCapture Files. When you interact with, and use, Services, an audio file of your voice is captured and processed, and a transcript of your interaction is created from the audio file. These may be retained and used as described in the section on Use of Information below.
AUTOMATICALLY COLLECTED INFORMATION. When you access or use the

Site or Services, CF automatically collect certain information about you, including:

Log and Usage Information: CF collects information related to your access to and use of the Site , including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Site.
Device Information: CF collects information about the computer or mobile device you use to access Site, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
Information Collected by Cookies and Similar Tracking Technologies: CF (and our service providers) use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve the Site and Services and your experience, see which areas and features of the Site and Services are popular, and count visits. Web beacons (also known as "pixel tags" or "clear GIFs") are electronic images that may be used in the Site and Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see Your Choices below.

INFORMATION CF COLLECTS FROM OTHER SOURCES. CF may also obtain

information about you from other sources and combine that with information CF collects directly from you. For example, if you create or log into your account through a social media site, CF will have access to certain information from that site, in accordance with the authorization procedures determined by such social media site.
USE OF INFORMATION. CF may use the information CF collects to:

Provide, maintain and improve the Site and Services and any products

or services CF provides, including to create, and facilitate your interactions with, StoryCapture Files;
Send you technical notices, updates, security alerts, and support and

administrative messages and to respond to your comments, questions, and requests and provide customer service;
Communicate with you about products, services, and events offered by

CF and others, and provide news and information CF thinks will be of interest to you (see Your Choices below for information about how to opt out of these communications at any time);
Monitor and analyze trends, usage, and activities in connection with

the Site and Services and any products or services CF provides;
Detect, investigate and prevent fraudulent transactions and other

illegal activities and protect the rights and property of CF and others;
Personalize your online experience;
Test, maintain, and improve the Site and Services and the technology

CF uses, including the use of StoryCapture Files, transcripts, and other information for quality control, research and development, and data analysis purposes;
Facilitate contests, sweepstakes, and promotions and process and

deliver entries and rewards; and
Carry out any other purpose described to you at the time the

information was collected.

SHARING OF INFORMATION. CF may share personal information about

you as follows or as otherwise described in this Privacy Policy:

With vendors, service providers, and consultants who need access to

such information to carry out work on our behalf, such as payment processors, and other vendors who assist CF in providing and maintaining Services and otherwise providing support for the internal operations of Services;
In response to a request for information if CF believes disclosure is

in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
If CF believes your actions are inconsistent with CF user agreements

or policies, or to protect the rights, property, and safety of Company or others;
In connection with, or during negotiations of, any merger, sale of CF

assets, financing or acquisition of all or a portion of our business by another company; and
With your consent or at your direction.

CF may also share aggregated or de-identified information that cannot reasonably be used by those third parties to identify you. For example, CF may produce reports on the most popular search terms by collecting general search term data based on individual searches, and CF may provide or enable access to non-identifying and aggregate usage and volume statistical information to third parties.

If you invite others to join your private theatre room or otherwise share your StoryCapture Files to public, your StoryCapture Files may be available to others in accordance with such invitations and settings.

ANALYTICS SERVICES PROVIDED BY OTHERS. CF may allow others to

provide analytic services, including, among others, Google Analytics. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Site, including your IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by CF and others to, among other things, analyze and track data, determine the popularity of certain content, deliver and content targeted to your interests on CF Services, and better understand your online activity. For information as to how Google Analytics collects and processes data, please see www.google.com/policies/privacy/partners/.
**TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER

COUNTRIES**. CF is based in the United States and CF processes and stores information in the United States. Therefore, CF and CF’s service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. CF will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which CF processes it.
YOUR CHOICES. If you wish to delete your account, you can do so

at any time through your dashboard, or you may email security@CaptureFully.com to request deletion of your account and data, but note that CF may retain certain information as required by law or for legitimate business purposes. CF may also retain cached or archived copies of information about you for a certain period of time. Also note that your StoryCapture Files remain the property of the CF according to the terms, conditions, and agreements you have entered into.
COOKIES. Most web browsers are set to accept cookies by default.

If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of CF Services.
PROMOTIONAL COMMUNICATIONS. You may opt out of receiving

promotional emails from CF by following the instructions in those emails. If you opt out, CF may still send you non-promotional emails, such as those about your account or CF ongoing business relations.

CONTACT US

If you have any questions or concerns about the Site or Services or this Privacy Policy, please contact CF at legal@CaptureFully.com.