Terms of Service

THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE UNIFORM ARBITRATION ACT, S.C. CODE ANN. §15-48-10, ET SEQ., (AS AMENDED) 

TERMS OF USE AGREEMENT 

FOR SAFESHOWINGS, LLC, d/b/a  

FACESNAP 

  1. Introduction: Please read this page carefully. It contains the Terms of Use Agreement (the  “Agreement”) governing your access to and use of the Application provided by  SafeShowings, LLC, d/b/a FaceSnap (“SAFESHOWINGS”). If you do not accept this Agreement or you do not meet or comply with its provisions, you may not use the  SAFESHOWINGS Application. This Agreement is effective as of September 1, 2020.  
  2. Definition of Terms in this Agreement:  
  3. “Application” or “Service” refers to the technology created and licensed to the  Subscriber, or any other third party, including but not limited to  SAFESHOWINGS’ mobile application and/or website (content, text, graphics,  design, programming, and code) to which SAFESHOWINGS maintains all  ownership rights including exclusive use or control of any and all content related  to the technology. 
  4. “Authorized User” refers to an employee, shareholder, member, partner, agent or  contractor whom the Subscriber has expressly identified in the Subscription  Agreement for purposes of registering an account (as described below) and who  accesses the Application via a User Device.  
  5. “Content” refers to any text, graphics, information, and/or any other materials  submitted to the Application.  
  6. “Document” refers to any Posting to the Application and all contents therein,  including but not limited to any text, graphics, design, and/or video. 
  7. “SafeShowings Content” referees to all other contents of the Application not  submitted by an Authorized User. 
  8. “Subscriber,” “you,” and “your” includes the Subscriber and each Authorized User  such that all obligations of the Subscriber shall be equally binding upon and  enforceable against each Authorized User. Subscriber shall be responsible and  liable for the acts and/or omissions of its Authorized Users in connection with their  use of the Application and compliance with this Agreement, the Subscription  Agreement and applicable law.

  1. “Subscriber Services” refers to all necessary hardware, software, electrical and  other physical requirements to use the Service via the Internet, including, without  limitation, all devices, programs, hardware, software Internet access and  telecommunications services. 
  2. “Subscription Agreement” refers to this Agreement, any policies, guidelines or  rules applicable to the Service and posted on the SAFESHOWINGS’ website and/or mobile application, including but not limited to SAFESHOWINGS’ Privacy Policy (“Privacy Policy”), and Subscriber’s purchase order (“Purchase Order”)  containing transactional rates and certain other terms and conditions related to  Subscriber’s SAFESHOWINGS subscription (“Subscription”), which are  incorporated herein by reference. 
  3. “User Content” refers to any Content submitted to the Application by an Authorized  User. 
  4. “User Device” refers to any mobile device, laptop computer, smart TV, desktop  computer, tablet computer or other similar device utilized by a User to access the  SAFESHOWINGS’ website. 
  5. Acknowledgement: The Agreement is concluded between SAFESHOWINGS and the  Subscriber. SAFESHOWINGS and Subscriber acknowledge that Apple, Inc. and/or  Google Play is not responsible for this Agreement or the contents thereof. This Agreement will govern any type of use or transaction with any Subscriber and SAFESHOWINGS whatsoever.  
  6. Binding Agreement: This AGREEMENT and your use of the Application constitute a  binding agreement between you and SAFESHOWINGS. Your access or use of the  Application indicates your acceptance of the AGREEMENT set forth herein. You are  agreeing to use the Application at your own risk.  
  7. Amendments to this Agreement: SAFESHOWINGS reserves the right to update or revise  this Agreement set forth herein. Any changes made will be binding on the date they are  posted and any further use of the Application will be considered acceptance of the new or  updated Agreement. If at any time you wish to disclaim the Agreement or you find them  unacceptable, you may not use the Application any longer. SAFESHOWINGS may make  any changes to the Application at any time without recourse.  
  8. General Use: The Application is intended to deter criminal behavior against real estate  professionals and to provide other services to ensure the safety of these professionals. You  may use the Application only for lawful purposes within the stated context of  SAFESHOWINGS’ intended and acceptable use. SAFESHOWINGS is the sole interpreter  of the Application’s intended and acceptable use.  
  9. Subscriber Responsibility. Subscriber is responsible for (i) procuring, installing, and  maintaining at its expense, all Subscriber Services; (ii) complying with all laws, rules and 

regulations related to the Subscriber Services; and (iii) keeping user names and passwords  secret and confidential, and, for any communications or transactions that are made, using  the same. 

  1. Authorized User IDs and Passwords. Subscriber acknowledges and agrees that each  Authorized User ID (“User ID”) may only be used by the Authorized User to whom  SAFESHOWINGS assigns it and may not be shared with or used by any other person,  including another Authorized User. Subscriber is solely responsible for maintaining the  confidentiality of all User ID(s) and password(s) giving access to the Application and is  fully responsible for all activities that occur under User ID(s) and password(s). Subscriber  agrees to notify SAFESHOWINGS immediately of any unauthorized use of any User ID  or password. Continued failure by Subscriber or any Authorized User to maintain User ID  or password security may result in the suspension of use of the Application or termination  of the Subscription Agreement, to be determined by SAFESHOWINGS in its sole  discretion. 
  2. User Accounts.
  3. Eligibility. You may use the Application only if you can form binding contract with SAFESHOWINGS and are not a person barred from receiving the Application or similar services under the laws of the United States or other applicable jurisdictions. If you are accepting this Agreement and using the Application on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. 
  4. Registration. To access and/ or use the Application, you must register an account and agree to the following in connection therewith: 
  5. As an Authorized User, you must be at least 13 years of age; 
  6. You must provide your legal full name, a valid email address, and any other information requested in order to complete the account registration process (“Registration Data”). You further agree to use commercially reasonable efforts to maintain and promptly update the Registration Data to keep it accurate, current and complete. 

iii. You must accept emails (or other electronic communications) from SAFESHOWINGS at the email address provided in your Registration Data. Except as otherwise provided in this Agreement, you further agree that SAEFSHOWINGS may provide any and all notices, statements, and other communications to you through either email or posting on the Application; 

  1. Your login User ID and password may be used only by one person – a single login shared by multiple people is not permitted.

  1. You are responsible for maintaining the security of your User ID and password. SAFESHOWINGS cannot be liable for any loss or damage from your failure to comply with this security obligation. 
  2. You are responsible for all Content posted and activity that occurs under your account. 
  3. Intellectual Property Rights 
  4. Intellectual Property: SAFESHOWINGS retains all rights, title, and interests in  the Application, and the Application is the sole property of SAFESHOWINGS and  is protected by United States and foreign copyright, trademark, and any other laws.  Except for the limited licenses expressly granted to you in these AGREEMENT,  SAFESHOWINGS reserves for itself and its licensors all other rights, title, and  interests. Without limitation on the foregoing, you may not reproduce, modify,  display, sell, or distribute the content, materials, documents, or information related  to the Application, or use them in any other way for public or commercial purpose.  This prohibition includes, but is not limited to, (a) copying or adapting anything  listed or produced on the Application; (b) using or attempting to use any tools,  devices, scripts, robots, mechanisms, or processes to navigate, search, or access any  materials other than the search mechanism provided by the Application; (c)  aggregating, copying, or duplicating in any manner any of the content or  information related to the Application without express permission from  SAFESHOWINGS. In the event of any Subscriber infringing upon the intellectual  property rights of SAFESHOWINGS, SAFESHOWINGS will have the sole right  and responsibility to investigate, defend, settle, and discharge of any such  intellectual property infringement claim. In the event of any claim for infringement  upon any third party’s intellectual property rights that arise from the License  Agreement, SAFESHOWINGS and not Apple, Inc., will be responsible for any  investigation, defense, settlement, and discharge of any such intellectual property  infringement claim.  
  5. Scope of Limited License: The license granted to the Subscriber for the  Application is a limited, terminable, non-exclusive, and non-transferable license to  access, use, and display the Application during the term of the Subscription  Agreement. You acknowledge that you may not sublicense, transfer, sell, rent or  assign the Subscription. Subscriber shall not permit anyone other than an  Authorized User to have access to or use of the Service. Any attempt to sublicense,  transfer, sell, rent or assign the Subscription is null and void. 
  6. SafeShowings Content. The SafeShowings Content on or displayed via the Application,  including but not limited to the letters and service marks, the SAFESHOWINGS logo and  trade name, other SAFESHOWINGS logos and titles, and registered and unregistered  trademarks (“trademark” as used herein includes service marks), is protected under United  States copyright, trademark and/or other intellectual property laws. Unauthorized use of  the Safeshowings Content may violate applicable copyright, trademark, intellectual 

property, and other laws (some of which provide criminal remedies). You may not sell or  modify the SafeShowings Content or the Service or reproduce, display, distribute, or  otherwise use the SafeShowings Content in any way for any unlawful purpose, and are  prohibited from adapting the HTML code, Cascading Style Sheets, JavaScript, Images, or  other assets that SAFESHOWINGS creates to generate pages in connection with the  SAFESHOWINGS website or Authorized User interfaces. You shall not display,  disparage, dilute, or taint our trademarks or use any confusingly similar marks or names,  or use our marks in such a way that would misrepresent or cause confusion as to who the  proper owner of such mark is. 

  1. User Content. Subscriber and each of its Authorized User(s) may submit User Content to  the Service. Subscriber shall be solely responsible for all User Content submitted by its  Authorized User(s) and the consequences of submitting and publishing such User Content  on the Service, including re-publication by others. You affirm, represent and warrant that  you own or have the necessary licenses, rights, consents and permissions to publish any  User Content that you submit. You further affirm, represent and warrant that the User  Content you submit to the Service will not contain any Prohibited Content. 
  2. Prohibited Content. SAFESHOWINGS may remove or block any User Content  identified in the Prohibited Content list below as well as any User Content similar to the  Prohibited Content list. However, SAFESHOWINGS undertakes no obligation to remove  or block this User Content. “Prohibited Content” includes, but is not limited to, any User  Content that: 
  3. Contains any third party copyrighted material, or material that is subject to other  third party proprietary rights, unless Authorized User has permission from the  owner of the material; 
  4. Contains a virus, Trojan horse, worm, time bomb or other computer programming  routine or engine that is intended to damage, detrimentally interfere with,  surreptitiously intercept or expropriate any system, data or information; 
  5. Solicits any personal information or passwords from any other Authorized User for  any use; 
  6. Contains offensive subject matter, violence, or nudity including content that  exploits anyone in a violent or sexual manner and any content that harasses or  promotes harassment of another individual or group; 
  7. Contains content promoting physical harm of any kind against any one person or  group; 
  8. Contains offensive contents promoting hatred, racism, bigotry of any kind against  any one person or group; 
  9. Provides personal information, to include email addresses, telephone numbers, full  names, or physical addresses, without that individual’s expressed consent; h. Contains links to any adult websites; 
  10. Misleading information known to be false; 
  11. Promotes illegal activities, abusive conduct or any other activity deemed to be  threatening, libelous, obscene, or defamatory; 
  12. Contains any attempt for “spamming” or unsolicited mass media contact; or

  1. Promotes unapproved commercial enterprises to include unapproved advertising,  criminal activity, instructional information concerning illegal activities, contests,  or sweepstakes. 
  2. Fees and Payments; Audits.  
  3. Fees. SAFESHOWINGS, in its sole discretion, may require payment of fees to  utilize the Service. All Service fees are stated in U.S. dollars. Subscriber shall pay  all applicable fees, as described in the Subscription Agreement, and any related  taxes or additional charges. All fees are non-refundable unless expressly stated  otherwise in the Subscription Agreement.  
  4. Subscriber’s Payment Obligation. In addition to any other rights granted to  SAFESHOWINGS herein, SAFESHOWINGS reserves the right to suspend or  terminate the Subscription Agreement and Subscriber’s access to the Service if  Subscriber’s account becomes delinquent. Subscriber will be obligated to pay the  balance due on account. Subscriber agrees that SAFESHOWINGS may charge  such unpaid fees and charges to Subscriber’s credit card or ACH. If Subscriber fails  to comply with payment schedule, Subscriber will have thirty (30) days to cure  payment delinquency before SAFESHOWINGS may exercise the right to suspend  or terminate the Subscriber’s account. SAFESHOWINGS reserves the right to go  to collections for any outstanding amounts. SAFESHOWINGS may change its  prices at any time but will provide you reasonable notice of any such changes by  posting the new prices on the Service and by sending you email notification. If you  do not wish to pay the new prices, you may cancel the Service prior to the change  going into effect. If both SAFESHOWINGS and Subscriber have mutually agreed  to pricing in a separate vendor agreement, purchase order, or outside agreement for  the Service, that document will control the price to be paid. 
  5. Audit. SAFESHOWINGS may audit electronically or otherwise, with or without  notice to Subscriber, the number of Authorized Users which utilize or access the  Service, as well as the use and location of such Authorized Users. In the event that  the number of users is found to be greater than the number licensed, Subscriber will  be invoiced for the additional required licenses at SAFESHOWINGS then-current  rates for all fees due, as of the date that each unauthorized access commenced. In  addition, Subscriber shall be charged interest at an annualized rate of eighteen  percent (18%) of the unpaid fees calculated beginning with the date that the  unlicensed access was obtained through the date of payment by the Subscriber, it  being understood that Subscriber shall have five (5) business days from the date  which SAFESHOWINGS provides written notice to Subscriber to provide written  notice to SAFESHOINGS that Subscriber is in good faith disputing the audit results  (the “Audit Review Period”) and shall have an additional period of ten (10) business  days commencing immediately upon the conclusion of the Audit Review Period to  resolve any outstanding dispute (the “Audit Resolution Period”) of the audit results,  acting reasonably. The parties agree that during the Audit Review Period and the  Audit Resolution Period that no interest shall accrue on any disputed amounts.

  1. Confidentiality.  
  2. Confidential Information. You agree to treat in confidence and to not disclose all  confidential materials and/or information of SAFESHOWINGS. For all purposes  herein, SAFESHOWINGS claims, and you acknowledge, that such confidential  information shall include, but not be limited to, the Service, the SafeShowings  Content, and any source code, technical information, and written documentation  created, developed, modified, customized or released by TEAMPOHORIA in  connection therewith (“Confidential Information”). You shall not disclose any  Confidential Information to a third party, without the prior written consent of  SAFESHOWINGS, except as required by law. Your obligation to treat documents,  materials and other information as Confidential Information shall not apply to any  information which (i) you can demonstrate was already lawfully in its possession  prior to the disclosure thereof by SAFESHOWINGS; (ii) is known to the public  and did not become so known through any violation of a legal obligation; (iii)  became known to the public through no fault of your own; (iv) is later lawfully  acquired by you from other sources; (v) is required to be disclosed under the  provisions of any state or federal statute or regulation issued by a duly authorized  agency, board or commission thereof; or (vi) is required to be disclosed by a rule  or order of any court of competent jurisdiction. 
  3. Subpoena or Court Order. In the event you receive a request to disclose all or  any part of the Confidential Information under the terms of a subpoena or other  order issued by a court of competent jurisdiction, you will (i) promptly notify  SAFESHOWINGS of the existence, terms and circumstances surrounding such a  request; (ii) if disclosure of such Confidential Information is required, furnish only  such portion of the Confidential Information as you are advised by counsel is  legally required to be disclosed; and (iii) cooperate with SAFESHOWINGS, at its  expense, in its efforts to obtain an order or other reliable assurance that confidential  treatment will be accorded to that potion of such Confidential Information that is  required to be disclosed. 
  4. Return of Confidential Information. Except as specifically permitted otherwise  in this paragraph, at the request of SAFESHOWINGS, you shall promptly return to  SAFESHOWINGS all Confidential Information made available by  SAFESHOWINGS or its representatives to you or your representatives, including  all copies, reproductions, notes, extracts, compilations and repositories thereof  created by either party. Upon the prior written consent of SAFESHOWINGS, you  may destroy Confidential Information in lieu of returning such Confidential  Information as provided above; provided, however, that such destruction shall be  certified in writing to SAFESHOWINGS by the receiving party. Notwithstanding  the foregoing, Subscriber may retain data or electronic records containing  Confidential Information for the purposes of backup, recovery, contingency  planning, or business continuity planning, so long as such data or records, to the  extent not permanently deleted or overwritten in the ordinary course of business, 

are not accessible in the ordinary course of business and are not accessed except as  required for backup, recovery, contingency planning, or business continuity  purposes. If such data or records are restored or otherwise become accessible,  Subscriber agrees to permanently delete them. 

  1. Product Claims: SAFESHOWINGS is responsible for addressing any claims that arise  out of the use or control of the Application, including but not limited to (i) product liability  actions, (ii) any claims arising from the Application failing to conform with any applicable  legal or regulatory requirement, (iii) claims arising under consumer protection or similar  legislation, (iv) and any other applicable law to the use and control of this Application.  SAFESHOWINGS is under no obligation to screen any User Content or any other  Subscriber submitted information at any time. Should SAFESHOWINGS receive notice  from anyone that any Document, User Posting, or any other User submitted information  violates these AGREEMENT, SAFESHOWINGS reserves the right to investigate the  claim and, in its sole discretion, remove the same and/or terminate the User’s license to the  Application, but SAFESHOWINGS has no obligation or liability for engaging or failing to  engage in these activities. SAFESHOWINGS assumes no responsibility for any User  Content that may be defamatory or may contribute to any other viable claim under tort law.  
  2. DISCLAIMER OF WARRANTIES:  
  3. SAFESHOWINGS PROVIDES THE APPLICATION WITHOUT ANY  WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, AND THE  APPLICATION IS PROVIDED ONLY ON AN “AS IS” BASIS. TO THE  FULLEST EXTENT PERMITTED BY LAW, SAFESHOWINGS DISCLAIMS  ALL WARRANTIES INCLUDING BUT NOT LIMITED TO, THE  WARRANTIES OF FITNESS FOR A PARTICULAR PURCHASER,  MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT OF THIRD  PARTIES’ RIGHTS. SAFESHOWINGS MAKES NO WARRANTIES ABOUT  THE RELIABILITY, EFFECTIVENESS, ACCURACY NOR TIMELINESS OF  THE APPLICATION.  
  4. NOTWITHSTANDING THE ABOVE, SAFESHOWINGS DOES NOT  REPRESENT THAT THE APPLICATION WILL OPERATE ERROR-FREE OR  THAT THE APPLICATION IS FREE OF ANY GLITCHES OR VIRUSES OR  ANY OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE  APPLICATION RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR  SERVICING OR REPLACING EQUIPMENT OR DATA, SAFESHOWINGS IS  NOT LIABLE FOR ANY DAMAGES STEMMING FROM THE SERVICE  OR REPLACEMENT OF EQUIPMENT OR DATA, INCLUDING BUT NOT  LIMITED TO THE COSTS.  
  5. FURTHERMORE, SAFESHOWINGS MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THE  COMPLETENESS, TRUTHFULNESS ACCURACY, TIMELINESS  RELIABILITY, OR RELIABILITY OF ANY DOCUMENTS, VIDEOS, OR ANY 

OTHER INFORMATION POSTED BY USERS OR OF ANY OTHER  COMMUNICATION BY ANY USERS. DOCUMENTS, VIDEOS, AND ALL  OTHER INFORMATION MAY CONTAIN INACCURACIES OR  TYPOGRAPHICAL ERRORS. YOU AGREE TO SOLELY ASSUME THE RISK  OF YOUR RELIANCE ON ANY DOCUMENTS POSTED BY USERS, OR ON  ANY OTHER COMMUNICATION WITH USERS.  

  1. SAFESHOWINGS MAKES NO WARRANTIES, REPRESENTATIONS OR  GUARANTEES REGARDING THE CONTENT OF THE APPLICATION. 
  2. SAFESHOWINGS MAKES NO WARRANTIES, REPRESENTATIONS OR  GUARANTEES REGARDING THE EFFECTIVENESS OF THE  APPLICATION OR THE TIMELINESS OF THE APPLICATION IN MEETING  ANY USER’S OBJECTIVES. SAFESHOWINGS MAKES NO WARRANTY,  REPRESENTATION, PROMISE, OR GUARANTEE THAT THE  APPLICATION WILL RESULT IN ANY INCREAE OR DECREASE OF  BUSINESS, INCREAE OR DECREASE IN REPUTATION OR GOODWILL,  OR ANY OTHER RESULT FROM USER’S USE OF THE APPLICATION. 
  3. LIMITATION OF DAMAGES 
  4. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF  THE APPLICATION, THE INTERNET GENERALLY, THE USER CONTENT SUBMITTED TO THE APPLICATION THAT YOU POST, PROVIDE, OR  ACCESS, ANY COMMUNICATIONS BY YOU THROUGH THE  APPLICATION, AND FOR YOUR CONDUCT AT ALL TIMES ON AND OFF  OF THE APPLICATION.  
  5. UNDER NO CIRCUMSTANCES SHALL SAFESHOWINGS BE LIABLE FOR  ANY NON-DIRECT DAMAGES WHATSOEVER RESULTING FROM,  ARISING UNDER, OR IN CONNECTION WITH SERVICES OR THE USE OR  ACCESS TO, OR THE INABILITY TO USE OR ACCESS THE APPLICATION  AND/ OR ANY DOCUMENTS POSTED, WHETHER SUCH NON-DIRECT  DAMAGES BE, WITHOUT LIMITATION, INCIDENTAL,  CONSEQUENTIAL, LOST PROFITS, OR OTHER DAMAGES AND  WHETHER SUCH NON-DIRECT DAMAGES BE BASED ON CONTRACT,  TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. SHOULD A  STATE OR JURISDICTION NOT ALLOW THE LIMITATION OF LIABILITY  OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE  LIMITATION OF THE PRECEDING SENTENCE MAY NOT APPLY TO YOU,  AND SAFESHOWINGS’S MAXIMUM LIABILITY TO YOU FOR ANY NON DIRECT TYPE OF DAMAGES SHALL BE THE AGGREGATE OF THE  AMOUNT OF FEES PAID BY THE SUBSCRIBER TO SAFESHOWINGS FOR  THE APPLICATION IN THE TWELVE (12) MONTH PERIOD PRECEDING  THE DATE ON WHICH THE CLAIM AROSE.

  1. SAFESHOWINGS, ITS AFFILIATES, OFFICERS, DIRECTORS,  SHAREHOLDERS, EMPLOYEES, AFFILIATES, ADVERTISERS OR  SUBSIDIARIES SHALL NOT BE LIABLE IN ANY EVENT FOR ANY DIRECT  DAMAGES IN EXCESS OF THE AGGREGATE OF THE AMOUNT OF FEES  PAID BY THE SUBSCRIBER TO SAFESHOWINGS FOR THE APPLICATION  IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH  THE CLAIM AROSE. 
  2. UNDER NO CIRCUMSTANCES WILL SAFESHOWINGS BE LIABLE FOR  THE USE OR CONTROL OF ANY USER CONTENT OR ANY SUBSCRIBER  INFORMATION THAT IS POSTED ON THE APPLICATION. THE  SUBSCRIVER IS SOLELY RESPONSIBLE FOR ALL CONTENT POSTED  AND WILL INDEMNIFY SAFESHOWINGS FOR ANY AND ALL DAMAGES  ARISING OUT OF THE USE OR CONTROL OF ANY AND ALL  INFORMATION THAT THE SUBSCRIBER POSTS OR RETRIEVES FROM  THE APPLICATION. SAFESHOWINGS IS UNDER NO OBLIGATION TO  VERIFY SUBSCRIBERS, AND ANY SUBSCRIBER RELEASES  SAFESHOWINGS FROM ANY DEMANDS, CLAIMS, OR DAMAGES OF  ANY KIND OR NATURE, KNOWN OR UNKNOWN, INCLUDING BUT NOT  LIMITED TO DIRECT, INDIRECT, ACTUAL OR CONSEQUENTIAL,  RESULTING FROM ANY DISPUTES BETWEEN A SUBSCRIBER AND A  THIRD PARTY. 
  3. YOU FURTHER AGREE THAT SAFESHOWINGS MAY AVAIL ITSELF OF  ANY AND ALL EQUITABLE RELIEF AVAILABLE TO IT SHOULD YOU  BREACH THIS AGREEMENT. 
  4. SHOULD EITHER PARTY HAVE TO ENFORCE THIS AGREEMENT  THROUGH LEGAL PROCEEDINGS, THE PREVAILING PARTY SHALL BE  ENTITLED TO THE REIMBURSEMENT OF ALL COURT COSTS,  LITIGATION COSTS, AND REASONABLE ATTORNEY’S FEES AS  ALLOWED BY LAW IN ADDITION TO THE OTHER REMEDIES PROVIDED  HEREIN. 
  5. Indemnity. You agree, to the fullest extent permitted by applicable law, to forever hold  harmless, defend and indemnify SAFESHOWINGS, its members, managers, directors,  officers, shareholders, other affiliated persons or entities, employees, contractors, co branders, partners, agents and other Content providers (“Indemnified Parties”) from and  against any and all loss, cost, claims, liabilities, damages, disputes, and expenses, including  court costs and attorneys’ fees, related to (i) your violation of the Subscription Agreement  or any information, software, files, messages or other Content submitted to or made  available on the Service, (ii) your use of and/ or access to the Service, (iii) your violation  of any third-party right, including without limitation any copyright, property or privacy  right, or (iv) any claim that your User Content caused damage to or infringes the intellectual  property or privacy or other rights of a third party. The Indemnified Parties reserve the  right, at their own expense, to assume the exclusive defense and control of any matter 

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otherwise subject to indemnification by you. In that event, you shall have no further  obligation to provide defense to the Indemnified Parties in that matter but shall remain  responsible to reimburse SAFESHOWINGS and each Indemnified Party for its defense  expenses. This section shall survive the termination or cancellation of the Subscription  Agreement or any termination or suspension of your use of or access to all or any aspect  of the Service 

  1. Privacy Policy: When you register with SAFESHOWINGS’ Application, you will be  asked to create an account and provide certain information, including but not limited to a  valid email address (“User Information”). You acknowledge and agree that you have no  ownership rights in your account. In addition, SAFESHOWINGS may contact Subscribers 

periodically in accordance with SAFESHOWINGS’s Privacy Policy. SAFESHOWINGS reserves the right to comply, in its sole discretion, with legal requirements, requests from  law enforcement agencies or requests from government entities even to the extent that such  compliance may require disclosure of any and all User Content. In addition, third parties  may retain cached copies of User Content.  

  1. Use of Aggregate Data: You understand and agree that SAFESHOWINGS owns and has  the right to collect, extract, compile, synthesize, and analyze any data that may arise from  any and all information or document posted to the Application as outlined in our Privacy Policy. SAFESHOWINGS may use any such Aggregate Data for its own use and purposes  as well as any other use and purposes required by law without any duty to disclose to you. 
  2. Legal Compliance: SAFESHOWINGS is not located in a country that is subject to a  United States embargo nor a “terrorist supported” Country. SAFESHOWINGS is not listed  in any of the U.S. Government lists of prohibited or restricted parties. By accepting these  AGREEMENT, You acknowledge and warrant that you are not located in a country that is  subject to a United States embargo nor a “terrorist supported” Country. You further  acknowledge and warrant that you are not listed in any of the U.S. Government lists of  prohibited or restricted parties.  
  3. Choice of Law: You agree that should any legal cause of action or dispute arise from these  AGREEMENT, your transaction with SAFESHOWINGS, or any use of the Application,  that you will be under the laws of the State of South Carolina and that proper venue to  assert such claims or disputes shall rest solely in Charleston County.  
  4. Arbitration. Any dispute or controversy arising under or in connection with this  Agreement shall be submitted to binding arbitration in accordance with the requirements  of the South Carolina Uniform Arbitration Act as then in effect (“SCUAA”). All arbitration  proceedings shall be conducted in the County of Charleston, State of South Carolina. The  arbitrators shall be selected as provided in the SCUAA, and the arbitrators shall render a  decision on any dispute within one hundred twenty (120) days after the last of the  arbitrators has been selected. If any party to this Agreement fails to select an arbitrator with  regard to any dispute submitted to arbitration under this Section, within thirty (30) days  after receiving notice of the submission to arbitration of such dispute, then the other party  shall select an arbitrator for such non-selecting party, and the decision of the arbitrators 

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shall be binding upon all the parties to the dispute, their personal representatives, legal  representatives, heirs, successors and assigns. Unless otherwise ordered by the arbitrators,  each party to an arbitration proceeding under this Section shall pay an equal portion of all  arbitrators’ expenses and fees, together with other expenses of arbitration, except that the  parties shall bear their own respective expert witness, professional and attorneys’ fees. It is  the intention of the parties that this agreement to arbitrate be construed as broadly as  possible. Therefore, this Section applies not only to those issues which are or might be  foreseeable as a result of the relationship of the parties arising out of the operation of the  Company and its business, but also those matters which might later be claimed to be  unforeseeable. The arbitrators shall have all such powers, save that of contempt, as are  possessed by a sitting South Carolina State Circuit Court Judge, including the power to  order equitable and legal relief. The arbitrators shall have the power to sanction either party  for such action or inaction as is thought by the arbitrators to be appropriate. 

  1. Age Restrictions: Pursuant to the Children’s Online Privacy Protection Act of 1998, you  represent and warrant that you are over the age of thirteen (13), and if under the age of  eighteen (18) or the age of majority as defined in your jurisdiction, you will use the  Application under the supervision of a parent or legal guardian. No person under the age  of thirteen (13) shall post, download, or use in any way this Application for any reason on  any device manufactured or produced by a third party. SAFESHOWINGS clearly defines  in this agreement that all use related to the Application is solely for persons above the age  of thirteen (13) and under no circumstances is inviting or attempting to collect any personal  information of any person under the age of thirteen (13). Use by a person under the age of  thirteen (13) is strictly prohibited.  
  2. Notices: Any questions arising from use of the Application should be sent through the  Feedback form contained in the Application, and SAFESHOWINGS will respond to any  such inquiries within three (3) business days. Any and all claims arising from these AGREEMENT must be sent to SAFESHOWINGS located at 401 Seacoast Parkway,  Mount Pleasant, SC 29464. SAFESHOWINGS will send notice to you at the email and/or  physical address submitted by you as it reasonably determines is appropriate. 
  3. General: SAFESHOWINGS makes no representations, guaranties, or warranties that the  Application may be used outside of the United States, and you do so at your own risk.  SAFESHOWINGS may assign these AGREEMENT freely and without your consent, and  you may not assign any rights or obligations under these AGREEMENT without  SAFESHOWINGS’s consent. Should any provision of these AGREEMENT be deemed  invalid by any court of competent jurisdiction, the validity of the remaining portions of  these AGREEMENT shall not be altered and shall remain in full force and effect, despite  the invalidity of all or part of a provision. These AGREEMENT constitute the entire  agreement between you and SAFESHOWINGS, except as expressly provided by  SAFESHOWINGS in a specific notice, SAFESHOWINGS’s Privacy Policy, or on  SAFESHOWINGS’s web page. Should SAFESHOWINGS waive any right herein, such  waiver shall not be asserted as a continuing waiver of the same term or any other term  herein.

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  1. Policies and Procedures related to the Use of the Application:  
  2. Restrictions.  
  3. No Illegal Use. You may not use the Service to transmit, distribute, store or destroy any Content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. 
  4. Information Security. You are prohibited from violating or attempting to violate the security of any part of the Service, including, without limitation, (a) gaining attempting to gain access to any account, data, Service, or information for which you are not authorized, (b) attempting to penetrate a system, network, or application by probing, “phishing,” scanning or testing the vulnerability of the system or network or to breach security or authentication measures without proper authorization, (c) engaging or attempting to engage in a denial of service attack on any part of the Service for the purposes of causing any part of the Service to become impaired or inoperable, or interfering with the availability of the Service to any Authorized User through techniques including without limitation, uploading malicious software (e.g., a virus, worm, Trojan horse, “logic bomb,” etc.), “packet flooding”, “spoofing,” “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or Service, or (e) forging any packet content or any part of any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Any occurrences that may involve such violations are subject to investigation by SAFESHOWINGS and law enforcement authorities in prosecuting any suspected violator. 

iii. Specific Prohibited Uses. SAFESHOWINGS prohibits any use of the Service, and you agree not to use the Service for, any of the following: 

  1. To take any action that imposes an unreasonable or disproportionately large load on the Service or equipment on which 

the Service are hosted; 

  1. To attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of 

the Service; 

  1. To frame or link to the Service or any Content or information relating thereto without prior express written permission from 

SAFESHOWINGS;

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  1. To collect information about other Authorized Users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by SAFESHOWINGS; 
  2. To falsify, conceal, or modify information identifying yourself or another Authorized User, including Internet Protocol header information; 
  3. To stalk, threaten, harass or exploit any User or other person, whether in a cyber environment or in the real world; or 
  4. To use the Service to solicit or advertise any products or Service without the express prior written consent of SAFESHOWINGS. 
  5. Not Responsible for Offensive User Content. SAFESHOWINGS acts as a passive conduit for the online distribution and publication of User Content submitted by and between/ among Subscriber and its Authorized User(s), has no obligation to screen communications or information in advance, and is not responsible for screening or monitoring User Content or submissions posted by Subscriber or its Authorized User(s). SAFESHOWINGS takes no responsibility and assumes no liability for any User Content that you or any third party submits or publishes on the Service. If SAFESHOWINGS is notified or otherwise becomes aware of any User Content, which allegedly does not conform to the Subscription Agreement or is abusive, illegal, or disruptive, SAFESHOWINGS may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Content (“Offensive Content”), suspend Subscriber’s or any such Authorized User’s use of or access to the Service, or disable or discontinue communications with the Service via which the Offensive Content was submitted. In the event SAFESHOWINGS determines, in its sole discretion, that a violation of the Subscription Agreement has occurred, SAFESHOWINGS reserves the right to expel any Authorized User to prevent further access to the Service, issue warnings to Subscriber, or terminate or suspend the Subscription Agreement. SAFESHOWINGS further reserves the right to remove, erase or overwrite Offensive Content or any information in connection therewith. SAFESHOWINGS may take any action at any time with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for SAFESHOWINGS, harm any other Authorized User or may cause SAFESHOWINGS to lose (in whole or in part) the services of its Internet Service Providers (“ISPs”), Application Service Providers (“ASPs”), or other suppliers.

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