Spare5 Community Terms of Service
Last updated: December 13, 2018
Hello, Providers of Insights! We aspire to build a great community of people who enjoy exercising their hobbies, passions and interests in snippets of their free time. Since you are seeking to join this community, we thought we’d lay out the fine print that our lawyers assure us is vital. Please give it all a careful read and make sure you’re on board before you use our application and all the things we have to offer. And if you are good with it all, we most heartily welcome you, and invite you to help us build something truly special. We hope you will enjoy the money you may earn (although there are no guarantees of course!), as well as the pleasure of contributing, improving and having some fun along the way.
This Mighty AI – Spare5 Terms of Service and Use Agreement (the “Agreement”), is a contract between you (“you,” “your,” or “Service Provider,” to the extent you open an Account (defined below) to perform Tasks (defined below)) and Mighty AI, Inc. – Spare5, LLC. (“Mighty AI,” “we,” “our” or “us”). This Agreement governs your access to and use of the Spare5 website, located at spare5.com (the “Site”), the Spare5 mobile application (the “App”), and all information, content, products, software and other materials made available to you on or through the Site and the App (collectively, the “Spare5 Services”). This Agreement does not apply to business and corporate entities that want to leverage the Spare5 Services in order to avail themselves of our mobile-optimized, on-demand insights platform (“Customers”); each Customer’s use of the Spare5 Services shall be subject to a separate written agreement between Mighty AI and the Customer, or the Mighty AI Customer Terms of Service, as applicable.
THIS AGREEMENT REQUIRES THE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ SECTION 13 BELOW FOR MORE INFORMATION.
You must be at least 18 years old and capable of forming a binding contract with us to use the Spare5 Services. If you are under 18 years old, you may not use the Spare5 Services.
We may update the Agreement at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Agreement on the Site, the App or through other communications. It’s important that you review the Agreement whenever we update it because if you continue to use the Spare5 Services after we have posted the updated Agreement on the Site, you are indicating to us that you agree to be bound by the updated Agreement. If you don’t agree to be bound by the updated Agreement, then you may not use the Spare 5 Services anymore. Because our Spare5 Services are evolving over time, we may change or discontinue all or any part of the Spare5 Services, at any time and without notice, at our sole discretion.
1. DESCRIPTION OF SERVICES
Customers can make a request of Mighty AI via their use of the Spare5 Services. Examples of such requests include rating of an image and conducting a survey. We will then assign a portion of such request to you (via your Account) as a “Task” and if you accept the assigned Task, you agree to provide Spare5 with a tangible, complete deliverable of the performance of the applicable Task (“Task Result”). By way of illustration, a Task Result could be a written report of survey results or a list of words used to describe a particular image. You agree that we make no guarantee that any Tasks will be assigned to you and consequently there is no guarantee that you will be paid any Task Fees (defined below) under this Agreement.
2. REGISTRATION; ACCOUNT CREATION; PASSWORDS
In order to become a Service Provider, you must register and create an account with us (an “Account”). At the time you create an Account, you will be required to provide us with, at a minimum, your name, a valid email address, your phone number, and your postal address. You may also be asked to provide certain other information, such as your credit card, PayPal or bank account number and related information (“Billing Information”), at the time of registration or afterwards. You agree to provide us with true and accurate information, and to update that information immediately to the extent it changes in any way. If you don’t, we might have to suspend or terminate your Account. When you register or update your information, you agree that you will not impersonate any other person or use a name that you are not legally authorized to use.
At the time of registration, you will be required to establish a password for your Account. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third parties, and you are solely responsible for any use of, or action taken under, your password through the Account. If your password becomes compromised, you must change your password and notify us immediately of any unauthorized access to or use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
You may not create more than one Account unless specifically authorized by Spare5. You may not (a) work on Tasks using more than one Account, or (b) permit any person other than yourself to work on Tasks assigned to your Account.
3. LICENSE TO AND USE OF SPARE5 SERVICES; CONFIDENTIALITY
Subject to your compliance with all of the terms and conditions of this Agreement, Spare5 grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Spare5 Services for the sole and explicit purpose of performing Tasks as set forth in this Agreement and only in accordance with applicable law. Tasks may contain Spare5 confidential information, the confidential, personal or sensitive information of other persons or companies, particularly our Customers. You covenant and agree that you will not share the nature or specifics of any Tasks with anyone else and will hold any information contained in or derived from your Tasks in strict confidence, except only as explicitly allowed by Spare5 in writing. All rights not expressly granted to you in this Agreement are reserved and retained by Spare5 or its licensors. Without limiting the foregoing, you MAY NOT:
- Attempt to decipher, decompile, disassemble or reverse engineer or attempt to interfere with the operation of any part of the Spare5 Services or Proprietary Rights;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any Personal Information (as defined below) from the Spare5 Services from other users of the Spare5 Services;
- Use any data mining, robots, or similar data gathering and extraction tools to access the Spare5 Services or obtain content, data or information from the Spare5 Services, or access the Spare5 Services by any means other than the interfaces provided by Spare5;
- Attempt to probe, scan or test the vulnerability of any Spare5 system or network or breach any security or authentication measures;
- Access, tamper with, or use non-public areas of the Spare5 Services or our computer systems;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Spare5 or any of Spare5’s providers or any other third party (including another user) to protect the Spare5 Services;
- Attempt to access or search the Spare5 Services or Proprietary Rights or download any content from the Spare5 Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, datamining tools or the like) other than through the standard means with generally available third-party web browsers;
- Sell, rent, lease, or license the Spare5 Services or access to the Spare5 Services, or otherwise exploit the Spare5 Services for any commercial purpose that is not expressly permitted by us;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Spare5 or Mighty AI trademark, logo, URL or product name without our express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Spare5 Services or Proprietary Rights to send altered, deceptive or false source-identifying information;
- Use, display, mirror or frame the Spare5 Services or any individual element within the Spare5 Services, Mighty AI’s name, any Mighty AI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Post on or transmit to or through the Spare5 Services any false or misleading information;
- Post on or transmit to or through the Spare5 Services any logos, trademarks or service marks of any third party unless you have obtained authorization from such third party or are otherwise authorized to do so by applicable law;
- Post on or transmit to or through the Spare5 Services, as a Task Result or otherwise, any content or statement that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Post on or transmit to or through the Spare5 Services any virus, worm, trojan horse, malware, spyware, adware or other malicious programs or codes;
- Impersonate, or misrepresent your affiliation with, any person or entity;
- Use the Spare5 Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Spare5 Services, we have the right to do so for the purpose of operating the Spare5 Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Spare5 Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
This Agreement is not intended to and does not transfer any ownership rights in the Spare5 Services or any Mighty AI work of authorship, copyright, trademark, service mark, patent or other intellectual property right.
The license granted to you by Mighty AI hereunder shall terminate immediately if you fail to comply with any of the terms or conditions of this Agreement.
4. Personal Information and Privacy
In connection with a Task, a Service Provider may have access to and/or processes personally identifiable information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context (“Personal Information”). You agree and acknowledge that you will be provided such access (i) for limited and specified purposes (as a Subprocessor) to perform a Task acting on behalf of Mighty AI (as Processor) and its Customers (as Controller) and (ii) in accordance with the requirements of all applicable state, local, federal and other national or provincial laws and regulations applicable to Service Provider or communicated by Mighty AI relating to data security, confidentiality, privacy and breach notification, including but not limited to, the European Union Data Protection Directive (95/46/EC) (“EU Directive”) and the forthcoming European Union General Data Protection Regulation (“GDPR”). As a Subprocessor under this agreement as defined under the GDPR, Service Provides agrees to abide by all associated Subprocessor obligations therein.
During and following the completion of a Task, Service Provider shall:
- Not otherwise access, use, disclose, or transfer and personal information accessible in connection with the Spare5 Services other than as required to perform an assigned Task and permitted by this Agreement;
- Not print, copy, store and/or otherwise maintain a copy of any information related to a Task, including any personal information, belonging to Mighty AI or its Customers or relating to the Spare5 Services;
- Use encryption, similar to browser encryption, in connection with any transfer, communication, remote access or wireless connectivity to the Spare5 Services or storage of any Mighty AI information; and
- Notify Mighty AI at firstname.lastname@example.org as promptly as possible, but in no event later than 24 hours from a determination that a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise processed by a Service Provider.
5. RELATIONSHIP OF THE PARTIES
Neither this Agreement nor any registration for or use of the Spare5 Services will be construed as creating or implying any relationship of agency, franchise, partnership, joint venture or employer-employee between you and Mighty AI. Service Providers are not employees, agents, or contractors of Mighty AI, and Mighty AI is not responsible for any tax or withholding with respect to Service Providers, including, but not limited to, workers’ compensation, unemployment insurance or disability benefits, minimum wage or overtime pay, any other employee wage benefits, or employer’s liability, social security or payroll withholding tax in connection with the provision of services by a Service Provider. For the purposes of this Agreement, you will be a Subprocessor for the purposes of European Regulation 2016/679 General Data Protection Regulation and will abide by all associated subprocessor obligations therein.
We may verify information provided to us by you, but have no obligation to do so. We do not perform background or credit checks on Customers or Service Providers, but we reserve the right to do so in accordance with applicable law. We may provide information to you about Customers or other Service Providers. However, any such information will be based solely on information provided to us by the Customer or Service Provider, as applicable, and is not a guarantee, warranty or endorsement regarding the Customer or Service Provider.
6. TASK RESULTS; SERVICE PROVIDER CONTENT & FEEDBACK
6.1 Task Results. “Proprietary Rights” means any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, inventions, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected. You agree that all rights, including Proprietary Rights, in a Task Result created by you shall be owned by Mighty AI. Service Provider conveys, transfers and assigns and agrees to convey transfer and assign to Mighty AI any and all Proprietary Rights in and to the Task Result. To the extent under applicable law that such Task Result or related Proprietary Rights cannot be assigned by Service Provider to Mighty AI, Service Provider hereby irrevocably grants and agrees to grant to Mighty AI an exclusive, perpetual, sublicensable, irrevocable, unlimited, worldwide, fully paid license to use, reproduce, modify, create derivative works based upon, perform and display publicly, make, have made, sell, offer to sell, import and otherwise exploit the Task Results in any manner in which Mighty AI sees fit, now known or hereinafter created.
6.2 Service Provider Content and Feedback. We welcome your submitting your own pictures, videos, recordings, feedback, comments and suggestions for improvements or use by the Services (“Service Provider Content and Feedback”). Service Provider acknowledges and agrees Mighty AI shall have, and Service Provider hereby conveys, transfers and assigns and agrees to convey transfer and assign to Mighty AI, any and all Proprietary Rights in and to the Service Provider Content and Feedback. Service Provider further acknowledges and agrees that the Service Provider Content and Feedback may be used and further distributed or otherwise used in furtherance of the Spare5 Services or as we may otherwise see fit. To the extent under applicable law that such Service Provider Content and Feedback and related Proprietary Rights cannot be assigned by Service Provider to Mighty AI, Service Provider grants to Mighty AI a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, reproduce, modify, create derivative works based upon, perform and display publicly, make, have made, sell, offer to sell, import and otherwise exploit the Service Provider Content and Feedback in any manner in which Mighty AI sees fit, now known or hereinafter created. Further, Service Provider shall obtain all necessary permits and comply with any applicable laws governing the privacy and security and any other requirements relating to providing notice and obtaining consent to collect and/or transfer Personal Information and data localization under applicable laws.
6.3 Release. You hereby agree that, for the consideration you receive through the Spare5 Services and by providing us any Task Results, Service Provider Content and Feedback, you understand that all works provided within the Task Results and Service Provider Content and Feedback will be owned exclusively by Mighty AI. Furthermore, you hereby waive any right to any intellectual property or other claim of ownership in or related to any Task Results and Service Provider Content and Feedback, and agree not to sue Mighty AI and irrevocably, unconditionally and entirely release and hold Mighty AI and any of its assigns harmless from all manner of liabilities, claims or demands of any kind or nature you may have against Mighty AI and its assigns with respect to any rights you may have in the Task Results, Service Provider Content and Feedback, including but not limited to rights of privacy, publicity, copyright, or any claims for defamation.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”
6.4 Perfection. In order to ensure that Mighty AI will be able to acquire, perfect and use all Task Results and related Proprietary Rights, Service Provider agrees, upon request by Mighty AI, to sign any documents to assist Mighty AI in the documentation, perfection and/or enforcement of its rights in the Task Results and Service Provider Content and Feedback and to undertake and perform all such other acts as are reasonably necessary for recording, perfecting, securing, defending, and enforcing such Task Results and Service Provider Content and Feedback and related Proprietary Rights, in any and all countries; provided, however, that you shall not be required to incur any material costs in undertaking and performing such acts unless Mighty AI agrees to reimburse you.
7. FINANCIAL TERMS
7.1 Task Fee. The amount that you will be paid in exchange for satisfactory completion of a Task, as determined by Mighty AI in its sole discretion, (“Task Fee”) will be communicated to you before you accept the Task.
7.2 Disbursements to Service Providers. As a Service Provider, you will be required to provide an email address for a valid PayPal account. Within seven (7) days of completion of a Task by you to the satisfaction of Mighty AI, as determined in its sole discretion, Mighty AI will deposit an amount equal to the Task Fee for such completed Task to your PayPal account of record. For clarification, and not by way of limiting the foregoing, you will not be paid for incomplete Tasks or for Tasks that are of consistently poor quality, that are not completed to the satisfaction of Mighty AI, or that otherwise violate our Community Guidelines or this Agreement. You are solely responsible for any payment processing fees PayPal may impose on you.
7.3 Inactive Account Balances. If you establish an account as a Service Provider and have completed a demographic survey that paid you $.10, but you do not earn additional funds by completing Tasks within 6 months of the logged completion date of the original survey, Spare5 Services will reverse the $.10 balance and deduct this amount from your account.
8. DISCLAIMER OF WARRANTIES
THE SPARE5 SERVICES ARE PROVIDED BY MIGHTY AI ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIGHTY AI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPARE5 SERVICES. YOU AGREE THAT YOUR USE OF THE SPARE5 SERVICES IS AT YOUR SOLE RISK. MIGHTY AI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SPARE5 SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIGHTY AI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.
9. LIMITATION OF LIABILITY
MIGHTY AI WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF THE SPARE5 SERVICES, WHETHER IN TORT OR CONTRACT. IN NO EVENT WITH MIGHTY AI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SPARE5 SERVICES EXCEED THE GREATER OF THE AMOUNTS PAID TO YOU FOR YOUR TASKS IN THE PRECEDING TWELVE (12) MONTHS OR ONE HUNDRED DOLLARS ($100).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will indemnify and hold harmless Mighty AI and its employees, directors, agents and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity (“Claim”) that relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your Task Results; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Spare5 Services.
11. TERM AND TERMINATION
This Agreement will become effective upon the earlier of your first visit to the Site or use of the App or Spare5 Services and will remain in effect until terminated. Unless both you and Mighty AI agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, with or without cause, upon written notice. In the event you properly terminate this Agreement, you may no longer access your Account or access the Spare5 Services.
Without limiting Mighty AI’s other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Task, or your access to the Spare5 Services, and refuse to provide any or all Spare5 Services to you if: (a) you breach any terms and conditions of this Agreement or any other policies or procedures which Mighty AI has made you aware of; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may (x) cause legal liability for Mighty AI, you, a Customer or a Service Provider, or (y) may involve illicit or illegal activity. Once you have been informed that your Account is suspended or terminated, you must not continue to use the Spare5 Services under the same Account or a different account or reregister under a new account without Mighty AI’s prior express written consent.
This sentence and the following sections survive any termination of this Agreement: 4, 6, 7.2, 8-10, 12, 13, 15 and 16.
12. GOVERNING LAW AND FORUM CHOICE
This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 12 “Dispute Resolution for Individuals,” the exclusive jurisdiction for all Disputes (defined below) that you and Client are not required to arbitrate will be the state and federal courts located in the King County, Washington, and you and Client each waive any objection to jurisdiction and venue in such courts.
13. DISPUTE RESOLUTION FOR INDIVIDUALS
The following terms of Section 13 “Dispute Resolution for Individuals” only apply if you are an individual who is using the Spare5 Services.
13.1 Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Spare5 Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
13.2 Exceptions and Opt-out. As limited exceptions to subsection 10.1 above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail at Mighty AI, Inc., 1411 4th Ave, 11th Floor, Seattle, WA 98101 within thirty (30) days following the date you first agree to these Terms.
13.3 Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address Mighty AI, Inc., 1411 4th Ave, 11th Floor, Seattle, WA 98101 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
13.4 Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules (the “JAMS Rules”) or a comparable arbitral body (e.g., AAA), in the event JAMS is unable to conduct the arbitration). The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
13.5 Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
13.6 Effect of Changes on Arbitration. Notwithstanding the provisions in the introductory paragraph above related to changing these Terms, if we change any of the terms of this Section 13 “Dispute Resolution for Individuals” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com, for further information.
14. DMCA/COPYRIGHT POLICY
Mighty AI respects copyright law and expects its Service Providers and users to do the same. It is Mighty AI’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Mighty AI’s Copyright Policy for further information.
You agree that it is your responsibility to: (a) determine any and all taxes, including without limitation, sales, use, value added, withholding and other taxes assessed, incurred or required to be collected, paid or withheld for any reason in connection with any Task or your use of the Spare5 Services, or otherwise in connection with any action, inaction or omission of you or any of your employees, agents, contractors or representatives; and (b) collect, withhold, report, and remit correct taxes to the appropriate tax authority. You agree that Mighty AI is not obligated to determine whether any taxes apply and is not responsible to collect, report, or remit any taxes arising from any transaction.
16. MISCELLANEOUS PROVISIONS
16.1 Compliance with Laws. The Spare5 Services may be used only for lawful purposes and in a lawful manner. You may not use the Spare5 Services in any manner that violates any applicable law or regulation.
You agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you request or perform services.
16.2 Force Majeure. Mighty AI will not be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet.
16.3 No Waiver. No waiver of any term of this Agreement by Mighty AI shall be deemed a further or continuing waiver of such term or any other term, and Mighty AI’s failure to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.
16.4 Assignment. You may not transfer, assign or delegate your rights or obligations under this Agreement to anyone without the prior express written consent of Mighty AI, and any attempt to do so will be null and void. Mighty AI may assign this Agreement in its sole discretion.
16.5 Severability. Except as explicitly provided in Section 13, if any term of this Agreement is deemed by a court of competent jurisdiction to be illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or un-enforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
16.6 Entire Agreement. This Agreement, together with all policies and other agreements incorporated by the terms of this Agreement comprise the entire agreement between you and Mighty AI with respect to the Spare5 Services and supersede all prior agreements between you and us, written or oral, regarding the subject matter contained herein and therein. This Agreement cannot be modified orally. In the event of any conflict between the terms of this Agreement and any other policies or agreements of Mighty AI, the terms of this Agreement shall prevail.
16.7 Contact Information. If you have any questions about this Agreement or the Spare5 Services, please contact us at: Mighty AI, Inc.,1411 4th Ave, 11th Floor, Seattle, WA 98101, (206) 577-2735, firstname.lastname@example.org.