The Awares Terms and Conditions of Use
Last Updated: August 24, 2022
Hello and welcome to The Awares! The Awares is a knowledge-sharing platform that allows people to learn from one another and get a better understanding of the world.
The agreement (“Agreement”) between you and The Awares, Inc. (“The Awares” “we” or “us”) is set forth in these terms of service (“Terms of Service”). It regulates your use of the products and services we provide on our websites and mobile apps (collectively, “The Awares Platform”).
Please read it carefully since by using The Awares Platform, you agree to the terms.
1. The Mission of the The Awares Platform
The Awares’s mission is to share and grow the world’s knowledge. The Awares Platform is a place where you may ask questions and interact with others who can provide insightful responses. People will be able to learn from one another and gain a greater understanding of the world as a result of this.
2. Using the The Awares Platform
1. Who Can Use It: Anyone under the age of 13 is not permitted to use The Awares Platform. You confirm that you are at least the age of majority in the jurisdiction where you live, or that your parent or legal guardian has consented to these Terms of Service and affirms that they accept this Agreement on your behalf and bear responsibility for your use if you are not. You confirm that you have the legal authority to bind that person or entity to this Agreement if you are accepting these Terms of Service on behalf of someone else or an entity.
4. Acceptable use policy: You agree to respect the Acceptable Use Policy at all times when interacting with users on The Awares Platform.
5. Termination: You can disable your account and close it at any moment by heading to account settings and disabling it. If you breach any The Awares policy or for any other reason, we may delete or suspend your account.
6. Changes to the The Awares Platform: We’re continually working to make The Awares Platform a better place for you. We may need to add or change features in the future, and we may do so without warning.
7. Feedback: We appreciate your comments and feedback on how to improve The Awares Platform. Please provide feedback at The contact us. By sending feedback, you agree to allow us the right to use, disclose, and otherwise exploit the input, in whole or in part, at our discretion, free of charge and without compensation.
8. Your Content:
8.1. Definition of Your Content. You can upload posts, texts, photographs, videos, links, and other files and information about yourself to The Awares Platform to share with others. “Your Content” refers to all material that you submit, publish, or display to others via The Awares Platform. You realize and accept that Your Content may be accessed by the general public as a result of your use of The Awares Platform.
8.2. Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
8.3. You grant The Awares and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content by submitting, posting, or displaying it on the The Awares Platform. License and Permission to Use Your Content. You agree that The Awares has the right to make Your Content available to other companies, organizations, business partners, or individuals who work with The Awares to syndicate, broadcast, communicate, and make available to the public, distribute, or publish Your Content on the The Awares Platform or through other media or distribution methods. Subject to our Terms of Service, this license also grants other users of The Awares Platform the right to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate, and make accessible to the public Your Content. This license does not grant you the right to use automated technologies to copy or submit questions and answers, or to aggregate questions and answers for the purpose of creating derivative works, unless otherwise stated in these Terms of Service. If you don’t want your answers to be translated by other users, you can either turn off translation entirely in your profile settings or mark specific replies as non-translatable.
Except in the case of anonymously posted responses, you may change or delete your answer from public display on https://www.The Awares.com at any time after posting it. Outside of https://www.The Awares.com, we may not be able to control the withdrawal of the answer from syndicated channels or other previously dispersed methods. Your responses may be removed by the Awares if they are suspected of being spam. Other users or The Awares may modify or delete your question at any moment after you submit it. Any updates and edits you make may be accessible to other users. Except as otherwise indicated in this Agreement, The Awares has the perpetual and irrevocable right to copy, display, transmit, publish, perform, distribute, store, alter, and otherwise utilize any question you post, and to sublicense those rights to others, to the maximum extent authorized by law.
8.4. You acknowledge and agree that The Awares may preserve Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) detect, prevent, or otherwise avert a breach of these Terms of Service.
8.5. You agree that we may alter, adapt, or create derivative works from Your Content in order to transmit, display, or distribute it through computer networks, devices, service providers, and other media. We also reserve the right to remove or refuse to publish Your Content in its entirety or in part at any time.
8.6. You also give us permission and authority to act as your nonexclusive agent in prosecuting any unlawful use of Your Content by third parties outside of the The Awares Platform or in violation of our Terms of Service.
9. Your Responsibilities for Your Content:
By posting Your Content on the The Awares Platform, you represent and warrant to us that: I you own or have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) posting Your Content does not infringe on anyone else’s intellectual property or personal rights, or any applicable law or regulation, including any laws or regulations requiring disclosure of that information. You take full responsibility for ensuring that Your Content does not infringe on the intellectual property or personal rights of others, or that it complies with all applicable laws and regulations. You must ensure that Your Content does not infringe The Awares’ Acceptable Use Policy, Copyright Policy, Trademark Policy, or any other stated The Awares policy, as well as any applicable law or regulation. You agree to pay any and all royalties, fees, or other money payable to anybody as a result of Your Content.
10. Our Content and Materials:
10.1. Definition of Our Content and Materials.
The Awares, Inc., or its subsidiaries and affiliates own all intellectual property in or related to the The Awares Platform (including, but not limited to, our software, the The Awares marks, and the The Awares logo, but excluding Your Content) or content posted by other The Awares users licensed to us (collectively “Our Content and Materials”).
10.2. Data. The Awares, Inc., its subsidiaries, and affiliates own any data (“Data”) collected by The Awares about your or others’ usage of the The Awares Platform. Data is distinct from Our Content and Materials and does not include Your Content.
11. Our License to You:
11.1. Subject to the terms and conditions of this Agreement, we give you a personal, limited, non-exclusive license to use and access Our Content, Materials, and Data as made available to you on the The Awares Platform in connection with your use of the The Awares Platform.
Subject to these Terms and Conditions, The Awares grants you a worldwide, royalty-free, revocable, personal, non-assignable, and non-exclusive license to re-post Our Content and Materials anywhere on the web, provided that:(a) you attribute The Awares by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on https://The Awares.com on every page; (b) the user who created the content has not explicitly marked the content as not for reproduction on the The Awares Platform; (c) you do not modify the content; (d) you attribute The Awares by name in readable text and with (e) at The Awares’ or a user’s request, you remove the user’s name from content that the user has since made anonymous;(f) you make a reasonable effort to update a particular piece of content to the most recent version on the The Awares Platform, upon request from The Awares or a user who contributed to the content; and (g) you make a reasonable effort to delete content that has been deleted or marked as not for reproduction on the The Awares Platform, upon request from The Awares or a user who contributed to the content; and (h) you don’t republish more than a small portion of our Content and Materials. (i) you do not collect or produce derivative works using automated techniques. Without separate, specific prior written permission from us, you may not assert any connection with, sponsorship or endorsement by The Awares, or any The Awares user, in exercising these rights.
11.2. We reserve the right to cancel our license with you at any time and for any cause. We have the right, but not the obligation, to refuse to distribute or remove content from The Awares Platform. We reserve all other rights and provide no further rights or licenses, implied or otherwise, save those granted in these Terms of Service.
11.3. Permitted uses. You may use The Awares Platform if you run a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, utility, or other data collecting or extraction tool, subject to the following additional rules: I You must use a descriptive user agent header; ii) You must always obey robots.txt; iii) Your access must not interfere with the operation of The Awares Platform; and iv) You must make it obvious how to contact you, either in your user agent string or on your website, if you have one. You represent and warrant that no automated tools, such as artificial intelligence or machine learning, will be used by you i) save as expressly permitted by these Terms of Service or with The Awares’ written agreement, to make derivative works of Our Content and Materials; ii) to build any service competitive to the The Awares Platform; or iii) for any other commercial purposes.
11.4. No Endorsement or Verification. Please be aware that The Awares Platform provides access to third-party material, products, and services, as well as opportunities to interact with them. Participation or availability on The Awares Platform does not imply our approval or verification. We offer no warranties or representations about the accuracy, completeness, or timeliness of any content submitted by anybody on the The Awares Platform.
12. Ownership: You understand and agree that The Awares’ users or The Awares retain ownership of Our Content and Materials. The Awares Platform’s content, information, and services are protected by copyright, trademark, and other laws in the United States and internationally, and you recognize that these rights are valid and enforceable.
14. More About Certain Offerings on the The Awares Platform:
14.2 Advertisements. In order to make advertisements relevant to you, the The Awares Platform may feature advertisements that are tailored to material or information on the The Awares Platform, inquiries made through the The Awares Platform, or other information. The Awares’ advertising categories and scope are subject to change. You agree that The Awares and its third-party providers and partners may post such advertising on the The Awares Platform in exchange for The Awares allowing you access to and use of the The Awares Platform. If you want to be an advertiser on The Awares Platform, you’ll have to agree to additional and extra conditions with us for offering advertising services.
14.3 Spaces. Spaces is a tool that allows users to organize content and create groups based on common interests and preferences.
14.4 Subscriptions . Certain material in Spaces or other parts of The Awares Platform may require a membership and be subject to additional terms and restrictions.
14.5 Legal, Medical & Other Professional Contributors. Members of the legal, medical, and other licensed professions (collectively, “Professional Contributors”) are among the people who upload content. Professional Contributors’ content should not be used to replace advice from a professional who is qualified to help you with your specific circumstance. Professional Contributors may change and incorporate some disclaimer template text provided by The Awares into their responses. Professional Contributors must determine and give disclaimers appropriate for their profession and the content presented, as ethics regulations vary by state or locale.
14.6 Buttons, Links and Widgets. You are permitted to use The Awares’ buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability), and provided that: (a) your use of such buttons, links, and widgets links only to the The Awares Platform; (b) you will not modify such buttons, links, or widgets or associated code in any way; and (c) you will not use such buttons, links, or widgets or associated code in any way. Which implies or suggests that The Awares approves, promotes, or recommends the website on which such buttons, links, and widgets are used; and (d) the use of such buttons, links, and widgets, as well as the website on which they are used, do not violate The Awares’ Acceptable Use Policy.
14.7 Web resources and third-party services. The Awares Platform may also provide you with the option of visiting third-party websites or engaging with third-party products or services. You are solely responsible for any and all risks associated with your use of such websites or resources.
14.8 Services that Require Separate Agreement. Prior to using certain products or services, you may be required to engage into a separate and extra written agreement.
14.9 Reporting Violations of Your Intellectual Property Rights, The Awares Policies, or Applicable Laws.
We have a specific procedure for reporting infringements of your intellectual property rights, as well as any violations of The Awares policies or regulations.
15. Copyright Policy and Trademark Policy:
A Copyright Policy and a Trademark Policy have been adopted and implemented. Please read our Copyright Policy and Trademark Policy for more details, including how to make a request for takedown if you believe content on The Awares Platform infringes on your intellectual property rights. We have provided you with the Copyright Infringement Claim Form and the Trademark Infringement Claim Form for your convenience, which you should use, as applicable, for the quickest processing.
15.1 Reports of Other Violations. You may submit the following Other Infringement Claim Form if you believe content on the The Awares Platform violates The Awares’ Acceptable Use Policy or otherwise violates relevant law (apart from copyright or trademark breaches) or other The Awares rules.
We are under no responsibility to remove information that you may find offensive or objectionable. In accordance with our standards and applicable legislation, we make every effort to respond to requests for content removal as soon as possible.
16. DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE AWARES ENTITIES TO YOU.
THE AWARES, INC., AND ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS, AND PARTNERS, AS WELL AS THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE INCLUDED IN “THE AWARES ENTITIES.” EACH OF THE FOLLOWING PROVISIONS APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WE ARE PROVIDING YOU WITH THE AWARES PLATFORM, AS WELL AS OUR CONTENT AND MATERIALS AND THE ABILITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE ARE EXPRESSLY DISCLAIMED BY THE AWARES ENTITIES.
THE AWARES MAKES NO PROMISES ABOUT, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: I ANY USER OR THIRD-PARTY CONTENT; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE THE AWARES PLATFORM, INCLUDING AN INTEGRATED THE AWARES MAKES NO REPRESENTATION OR WARRANTY THAT: (a) THE AWARES PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE AWARES PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE AWARES PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;(c) THE RESULTS OR INFORMATION THAT YOU, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER MAY OBTAIN FROM THE THE AWARES PLATFORM WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE THE AWARES PLATFORM WILL BE SATISFACTORY.
YOU AGREE THAT THE AWARES ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AWARES ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE
IF YOU ARE DISSATISFIED WITH THE AWARES PLATFORM, YOUR ONLY REMEDY IS TO STOP USING THE AWARES PLATFORM.
IF YOU ARE DISSATISFIED WITH THE AWARES PLATFORM, YOUR ONLY REMEDY IS TO STOP USING THE AWARES PLATFORM.
WITHOUT LIMITING THE FOREGOING, THE AWARES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES SUFFERED IN CONNECTION WITH THE THE AWARES PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO THE AWARES IN CONNECTION WITH THE THE AWARES PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION THAT GAVE RISE TO LIABILITY.
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES ARE NOT ALLOWED IN SOME JURISDICTIONS. As a result, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE ABOVE SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A NEW JERSEY RESIDENT TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF THE AWARES’S NEGLIGENT, FRAUDULENT
17. Indemnification: You agree to hold The Awares Entities harmless from any and all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: I your use of the The Awares Platform, ii) Your Content, iii) your conduct or interactions with other users of the The Awares Platform, or iv) your breach of any part of this Agreement. Any such claim will be promptly notified to you, and we shall provide you with reasonable assistance in contesting the claim (at your expense).You will allow us to participate in the defense and will not settle any such lawsuit without first obtaining our written permission. We reserve the right to assume the sole defense of any issue otherwise subject to your indemnification at our own expense. You will have no further obligation to defend us in that case if that happens.
18. Dispute Resolution: This Agreement, as well as any action arising from your use of the The Awares Platform, will be governed by the laws of the State of California, without regard to or applicability of its conflict of law rules or the laws of your state or country of residence. All claims, legal proceedings, or litigation arising in connection with your use of the The Awares Platform will be brought solely in Santa Clara County, California, unless submitted to arbitration as set forth in the following paragraph, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The party seeking relief may decide to resolve the dispute through binding non-appearance-based arbitration for any claim (excluding claims for injunctive or other equitable remedies) under this Agreement if the total amount of the award sought is less than $10,000 USD. The party preferring arbitration will begin the process with a recognized alternative dispute resolution (“ADR”) provider that the parties have mutually agreed upon. The parties and the ADR provider must follow the following guidelines: a) The arbitration will take place over the phone, online, or purely on the basis of written submissions, as determined by the party initiating the arbitration; b) The arbitration will not require the parties or witnesses to present in person unless the parties agree otherwise) Any judgement made on the arbitrator’s award may be entered in any court of competent jurisdiction.
19. General Terms:
19.1 Changes to these Terms of Service.
19.2 Governing Law and Jurisdiction.
For the purposes of jurisdictional analysis, you agree that The Awares is operated in the United States and shall be assumed to be primarily based in California and a passive service. You agree that any claims not subject to arbitration shall be brought in federal or state court in Santa Clara County, California, and will be governed by California and federal law, without respect to any conflict of law rules.
19.3 Use Outside of the United States.
Outside of the United States, The Awares expressly disclaims any representation or promise that the The Awares Platform conforms with all applicable laws and regulations. If you use the The Awares Platform outside of the United States, you expressly acknowledge and agree that you are solely responsible for evaluating whether or not you are in accordance with any applicable laws, rules, or customs.
19.4 Export. The Awares Platform is managed and operated from our California offices in the United States. The Awares software is subject to export controls in the United States. In violation of any applicable rules or regulations, no software for The Awares may be downloaded, exported, or re-exported. You indicate that you are not (1) located in a nation that is subject to a US government embargo or has been classified as a “terrorist supporting” country by the US government, and (2) listed on any US government list of prohibited or restricted parties.
19.5 Applications and Mobile Devices.
If you use a The Awares application to access the The Awares Platform, you acknowledge that this Agreement is solely between you and The Awares, and not with another application service provider or platform provider (such as Apple Inc. or Google Inc.), who may provide you with the application on their own terms. If you use a mobile device to use The Awares Platform, your cellular carrier’s usual charges, data rates, and other costs may apply.
19.6 Survival. Sections 2(e) (Termination), 2(g) (Feedback), Section 3 (Your Content), Section 4(a)-(b) and (d)-(f) (Our Content and Materials), Section 8 (Disclaimers and Limitations of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Provisions) will survive the expiration or termination of this Agreement (General Terms).
19.7 Notice for California Users.
California web visitors are entitled to the following specific consumer rights notification under California Civil Code Section 1789.3: . Please contact The Awares at firstname.lastname@example.org if you have a query or a complaint about the The Awares Platform. Residents of California can contact the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by phone at (916) 445-1254 or (800) 952-5210, or TDD (800) 326-2297 or TDD (916) 322-1700, or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
19.8 Government End Users.
Any The Awares software and related documentation are “Commercial Items,” as defined in 48 C.F.R. 2.101, which include “Commercial Computer Software” and “Commercial Computer Software Documentation,” as defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202 respectively (as applicable). The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users: I only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement, in accordance with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4 (as applicable).
19.9 Assignment. Without our prior written agreement, you may not assign or transfer this Agreement (or any of your rights or duties under this Agreement); any attempted assignment or transfer that does not conform with the preceding will be null and invalid. This Agreement may be freely assigned or transferred by us. The parties and their respective legal agents, successors, and assigns benefit from and are bound by this Agreement.
20. Electronic Communications: In accordance with this Agreement and applicable legislation, you consent to receive messages from us via email. You acknowledge and agree that any legal requirement that such communications be in writing shall be satisfied by all agreements, notices, disclosures, and other communications that we provide to you electronically.
21. Entire Agreement/ Severability: This Agreement supersedes all previous terms, agreements, talks, and writings relating to the The Awares Platform and constitutes the complete agreement between you and us (except as to services that require separate written agreement with us, in addition to this Agreement). If any part of this Agreement is found to be unenforceable, the enforceability of the remaining provisions of the Agreement will not be affected, and they will remain in full force and effect.
22. Interpretation: The headings in this Agreement are for convenience only and are not to be regarded in construing or interpreting the contents of this Agreement, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in creating this Agreement.
23. Notices: Unless otherwise indicated in this Agreement, all notices permitted or required under this Agreement must be given in writing as follows: I if to you, through email to the address connected with your account, and (ii) if to us, via legal@ The Awares.com. Notices will be deemed provided (a) when emailed to you, and (b) when received by us.
24. Relationship: You and we do not constitute a joint venture, agency, partnership, or any other type of joint enterprise as a result of this Agreement. Neither party has the right, capacity, or authority to create any obligation or liability on behalf of the other, express or implied, except as clearly specified herein.
25. Waiver: Any waiver of any of the terms shall not be construed as a further or continuing waiver of that term or any other term. A waiver of a right or provision under this Agreement will not be implied by our omission to assert that right or provision.
26. Further Assurances: You agree to sign a paper copy of this Agreement and any other documents, as well as to take any steps at our expense to confirm and carry out the intent of this Agreement and any of your rights or responsibilities under this Agreement.