MajorityRules Terms of Use

Effective Date: September 5th, 2018

THE AGREEMENT: The use of the MajorityRules application and all services on it are subject to the following Terms of Use Agreement (the "Agreement"), all parts and subparts of which are specifically incorporated by reference herein. This Agreement shall govern the use of all sections, subsections, and screens on the application (hereinafter collectively referred to as "MajorityRules") and any services provided by our company or on MajorityRules ("Services"). This Agreement also specifically incorporates by reference the MajorityRules Privacy Policy and the MajorityRules Contest Rules available at the following links:

Privacy Policy: majorityrulesapp.com/privacy.html 

Contest Rules: majorityrulesapp.com/rules.html

ARTICLE 1 - DEFINITIONS:

The parties referred to in this Agreement shall be defined as follows:

1. Company, us, we: Peerstream, Inc. as the creator, operator, and publisher of MajorityRules, makes MajorityRules, and certain Services on it, available to its Users. Company, us, we, our, ours and other first-person pronouns will refer to our company as well as all employees and affiliates of our Company.

2. You, the User: You, as a passive or active visitor of MajorityRules app or as a User of any of the MajorityRules Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User.

3. Parties: Collectively, the parties to this Agreement (the Company and you) will be referred to as "Parties".

ARTICLE 2 - ASSENT & ACCEPTANCE:

By using MajorityRules, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the MajorityRules application and cease any use of the MajorityRules Services. The Company only agrees to provide use of MajorityRules and the Services to you, if you assent to this Agreement. BY USING MAJORITYRULES, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND IN ARTICLE 33C BELOW.

ARTICLE 3 - ELIGIBILITY:

You must be at least 17 (seventeen) years of age to use MajorityRules or any Services contained herein. By using MajorityRules, you represent and warrant that you are at least 17 (seventeen) years of age and may legally enter into a binding contract with MajorityRules. We disclaim any liability for any misrepresentation of your or any other User's age. You further represent and warrant that you are currently not prohibited from using MajorityRules under the laws of the United States or any applicable jurisdiction. The Company assumes no responsibility or liability for any misrepresentation of your age.

ARTICLE 4 - SERVICES & REGISTRATION:

MajorityRules is a live game show application in which Users answer questions for the chance to win cash prizes. ‘Users that choose to, can play by opening the application and logging in during the live game play. Users may also communicate with each other during game play. Users that answer all 10 (Ten) questions in one game correctly, will win or split a monetary prize.  We may adjust the number of questions asked during any particular game at our sole and exclusive discretion. Additional, detailed information about our Contest Rules may be found at the following: majorityrulesapp.com/rules.html

To use MajorityRules or any of the Services, we require you to sign up for an account via the application. To do so, you’ll provide your phone number and you may link to a third-party website, such as Facebook or Google, to further connect and authenticate your account.

MajorityRules makes no guarantees as to the receipt of any prize.

MajorityRules make no guarantees as to the performance of any individual User.

By using MajorityRules you agree not to:

1. Select or use any Username which may violate the rights of any other person or entity;
2. Select or use any Username with the intent to defraud or impersonate any third-party;
3. Select or use any Username which is or may be considered obscene, in our sole and exclusive discretion.

ARTICLE 5 - MODIFICATIONS TO USER INFORMATION:

You may edit certain User information by visiting the “Settings” tab of the application or, if the information you want edited is not in the “Settings” tab, you may send an email to hello@majorityrulesapp.com.

ARTICLE 6 - USER OBLIGATIONS:

As a User of MajorityRules or the Services, you will be asked to provide us with certain information, such as (but not limited to) your chosen Username and your personal telephone number.

You are responsible for ensuring the continued accuracy of this information. This information will enable you to use MajorityRules and the Services. You must not share such identifying information with any third party, and if you discover that your information has been compromised, you agree to notify us immediately in writing. An email notification will suffice to hello@majorityrulesapp.com.

You are responsible for maintaining the safety and security of your information, as well as keeping us apprised of any changes to your information. Providing false or inaccurate information, or using MajorityRules or the Services to further fraud or unlawful activity is grounds for immediate termination of your account and this Agreement with you.

For additional information regarding our collection of information, please refer to our Privacy Policy: majorityrulesapp.com/privacy.html 

ARTICLE 7 - NO 501(c)(3) STATUS:

You acknowledge and agree that MajorityRules is not a charitable organization, as that term is defined under the Internal Revenue Code.

ARTICLE 8 - LICENSE:

The Company may provide you with certain materials as a result of your use of MajorityRules or the Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of MajorityRules or the Services ("Company Materials"). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable, worldwide and royalty-free, license to use the Company Materials solely in connection with your use of MajorityRules and the Services. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of MajorityRules or the Services or at the termination of this Agreement.

ARTICLE 9 - INTELLECTUAL PROPERTY:

You agree that MajorityRules and all Services provided by the Company, are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property, including, but not limited to, MajorityRules and any other trademarks or service marks found on the MajorityRules application ("Company IP"). The Company IP also includes a copyright in the entirety of the MajorityRules application. You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

ARTICLE 10 - INTERACTIONS WITH OTHER USERS:

You may be able to communicate with other Users on the MajorityRules application. We hereby expressly disclaim any and all responsibility for the actions, interactions, conduct, communications, or other relationships of any Users on or off MajorityRules.

We encourage all Users to look out for their own safety on and off MajorityRules. As such, please be reminded of basic safety tips, such as to never disclose financial or other official personal documentation with anyone. Regardless, we make no warranties, representations, guarantees, or other promises or covenants with regard to any User or their conduct.

You hereby acknowledge and agree that we are not responsible or liable in any way for your actions with others and that your actions and interactions are your sole and exclusive responsibility.

ARTICLE 11 - PURCHASES:

MajorityRules may permit the provision of purchases within the application. Any such purchases will be processed by the owner and operator of the application store located on your device, the Apple iTunes store. Purchases made within the application are as a result of the relationship between you and the Apple iTunes store and subject to their particular user agreement, which can be accessed below.

Apple iTunes: http://www.apple.com/legal/internet-services/itunes/us/terms.html

ARTICLE 12 - USER-GENERATED CONTENT:

MajorityRules may allow User-generated content, such as proposed or suggested questions for future games (“Suggested Questions”), names, photos, videos, other likenesses and any other content that Users may post, publish, display, or transmit (collectively, without including Suggested Questions, "User Contributions") on or through the MajorityRules application.

All User Contributions must specifically comply with the Acceptable Use provision in this Agreement and the terms of this Agreement as a whole.

Any User Contribution you post to the application will be considered non-confidential and non-proprietary and should otherwise be considered public. By providing any User Contribution on or to MajorityRules, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a transferable, royalty-free, non-exclusive, worldwide, perpetual, full-paid, sublicensable license to use, reproduce, modify, perform, manipulate, cut, display, broadcast, aggregate, transmit, distribute, make derivative works of and otherwise fully exploit and disclose to third parties any User Contributions you post, publish, upload or otherwise make available to MajorityRules through the MajorityRules application. Such license specifically includes the right to use the User Contributions in marketing or promotional materials for MajorityRules in any formats now known or hereinafter developed. The license provided herein shall not terminate upon the termination of your User account.

Regarding Suggested Questions: By submitting any Suggested Questions, you hereby acknowledge and agree that you will not be compensated or otherwise credited for your Suggested Questions. You hereby irrevocably assign, convey, and transfer all right, title, and interest in and to the Suggested Questions. We may use, reproduce, modify, distribute, manipulate, display, publish, broadcast or otherwise fully exploit the Suggested Questions at our sole and exclusive discretion and you retain no rights in the Suggested Questions you submit.

By providing any User Contributions, you also hereby grant each other User of MajorityRules a perpetual, non-exclusive license to access and use your User Contributions.

You further represent and warrant that:

1. You own or control all rights in and to the User Contributions, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
2. All of your User Contributions do and will comply with this Agreement.
3. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
   

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of MajorityRules.

ARTICLE 13 - ACCEPTABLE USE:

You agree not to use MajorityRules or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use MajorityRules or the Services in any way that could damage MajorityRules, the Services or general business of the Company.

You further agree not to use MajorityRules or the Services:

1. To harass, abuse, bully or threaten others or otherwise violate any person's legal rights;
2. To violate any intellectual property rights of the Company or any third party;
3. To upload or otherwise disseminate any viruses or other software that may damage the property of another;
4. To perpetuate any fraud;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6. To publish or distribute any obscene or defamatory material;
7. To publish or distribute any material that incites violence, hate or discrimination towards any group;
8. To post any material which contains graphic violence;
9. To post any material which contains nudity;
10. To spam or otherwise solicit any Users;
11. To post any intellectual property, including photos, of any other person without their permission;
12. To imply any endorsement by MajorityRules;
13. To unlawfully gather information about others; or
14. To create fake accounts or additional accounts in the circumstance that your account has been terminated;

You acknowledge and agree that MajorityRules may terminate your account at any time if you violate any of the terms of this Agreement, at MajorityRules' sole and exclusive discretion. MajorityRules may also take further action such as notifying the appropriate authorities, removing any content that you may have posted, or placing a hold on any funds or payments due to you.

ARTICLE 14 - LOCATION-BASED SERVICES:

MajorityRules may offer features that are based on the location of certain Users, and which may indicate the location of those Users as they utilize the Services (the “Location-Based Services”). Users can freely participate in these Location-Based Services at their discretion, and can choose to not provide that information by turning off those features at will. If a User chooses to allow for Location-Based Services, they are consenting to the collection and distribution of information through the Services. MajorityRules is strictly not liable for any claims and/or damages arising from your decision to enable the Location-Based Services on your device.

ARTICLE 15 - EXPORT CONTROLS:

You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States.

ARTICLE 16 - SERVICE CHANGES:

At our sole and exclusive discretion, we may offer additional Services, or we may update, modify or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the MajorityRules application and Services immediately.

ARTICLE 17 - NO PROMOTIONS:

You may not offer any promotion, contest, sweepstakes, giveaway, or other similar activity (collectively “Promotion”) on or related to MajorityRules without obtaining our prior written consent. Such consent may be requested at hello@majorityrulesapp.com, however, allowance of such Promotion is not guaranteed. In the event that your Promotion is permitted, additional terms will be agreed to by you and us, and MajorityRules hereby reserves the right to cancel your Promotion at any time, in its sole and exclusive discretion.

ARTICLE 18 - REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

1. Scan or probe the underlying structure of MajorityRules;
2. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on MajorityRules or Services;
3. Violate the security of MajorityRules or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, User or network;
4. Use the MajorityRules app or any Services or tools on the MajorityRules app for any commercial purpose;
5. Use bots, web crawlers, or any similar devices or online tools to access or index data from MajorityRules or automate User interaction (including but not limited to question answering and account creation) on MajorityRules either directly on a device or indirectly by executing the same API calls as the client;
6. Use a VOIP phone number or other phone number not associated with your specific cell phone through your carrier;
7. Attempt to disrupt the experience of other Users on MajorityRules in any way; or
8. Disseminate any virus or other bad code which could harm MajorityRules or the Services or any device of any User.

ARTICLE 19 - DATA LOSS:

The Company does not accept responsibility for the security of your account or content. You agree that your use of MajorityRules or Services is at your own risk.

ARTICLE 20 - INDEMNIFICATION:

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees and expenses, which may arise from or relate to your use or misuse of MajorityRules or Services, your breach of this Agreement, your conduct or actions, your unlawful behavior, or the conduct or actions of any other MajorityRules User in relation to you, including other Users or third-parties which may be accessing and using your account. MajorityRules may, if we choose, participate in and control our own defense, including selection of legal counsel, (but we are not obligated to) and if so, you hereby agree to cooperate with us in any lawful manner required.

California residents which may access MajorityRules hereby waive California Civil Code Section 1542, the text of which is as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.

ARTICLE 21 - SPAM POLICY:

You are strictly prohibited from using MajorityRules or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

ARTICLE 22 - THIRD-PARTY LINKS & CONTENT:

The Company may occasionally post or allow links to third-party websites, mobile applications, or other services on the internet. By clicking these links, you will be directed out of MajorityRules. MajorityRules may also be connected to third-party websites, mobile applications, or other service providers through the application.

We are not responsible for any of the information or other materials on any third-party resources, and our posting or allowing access of any such links implies no endorsement or other commercial relationship.

You hereby acknowledge and agree that any third-party resources are not controlled by us, and that we are not responsible or liable for any loss or damage caused, either directly or indirectly, as a result of your use or access of any third-party resources linked to or from MajorityRules or any materials thereon.

ARTICLE 23 - MODIFICATION & VARIATION:

The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting on MajorityRules, and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to, or incorporated into, the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after MajorityRules has been fully closed and reopened to avoid accessing a prior version of this Agreement. You agree that your continued use of MajorityRules after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.

In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.

ARTICLE 24 - ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of MajorityRules. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of MajorityRules.

ARTICLE 25 - SERVICE INTERRUPTIONS:

The Company may need to interrupt your access to MajorityRules to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to MajorityRules may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

Similarly, during your use of MajorityRules, you may occasionally receive a notice that your answer to a question is incorrect despite your answer being the correct one. MajorityRules is not liable or responsible for any damage, loss, or inhibition in game play this may cause.

Should a User’s participation or involvement in the use of MajorityRules or the Services be interrupted due to an unforeseen technical difficulty or because of a mistake, error, omission, or action of that User, any other User, or general technical difficulty of the MajorityRules application, we are not liable for any damage or loss.

ARTICLE 26 - TERM, TERMINATION & SUSPENSION:

The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein or our Contest Rules majorityrulesapp.com/rules.html including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other User, and/or publishing or distributing illegal material. If your account is terminated by the Company, you will not be entitled to any refund of any monies spent on MajorityRules. You may also terminate your account at any time by sending an email to hello@majorityrulesapp.com

At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

ARTICLE 27 - NO WARRANTIES:

You agree that your use of MajorityRules and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that MajorityRules or Services will meet your needs, that MajorityRules or the Services will be uninterrupted, error-free, or secure, or that you will ever win any prizes on MajorityRules. The Company also makes no warranties as to the reliability or accuracy of any information on MajorityRules or obtained through the Services. You agree that any damage that may occur to you, your device, your computer system, or generally as a result of a loss of your data from your use of MajorityRules or Services, is your sole responsibility and that the Company is not liable for any such damage or loss.

ARTICLE 28 - LIMITATION ON LIABILITY:

To the fullest extent permissible by law, the Company, including any employees, affiliates, service providers, contractors or agents, shall not be liable for any damages that may occur to you as a result of your use of MajorityRules or Services. This section applies to any and all claims by you, including, but not limited to; loss of data, loss of goodwill, lost profits or revenues, consequential, indirect, special exemplary or punitive damages, negligence, strict liability, fraud, or torts of any kind. Whether such claims are direct or indirect, and whether such claims are alleged to be from your use of MajorityRules, your interaction with another User, or your interaction with any third-party. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of $100 or the amount you paid to the Company in the prior 3 (three) months.

Some or all of the limitations provided in this subsection may not be applicable to you, depending upon your jurisdiction.

ARTICLE 29 - CLAIM LIMITATION:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE MAJORITYRULES APPLICATION MUST BE COMMENCED WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

ARTICLE 30 - TAXES:

You are solely and exclusively responsible for any taxes that may be applicable to any prizes won on MajorityRules. You acknowledge and agree that it is your responsibility to determine your tax liabilities and MajorityRules is not responsible for any tax issue related to your use of the MajorityRules application or Services.

ARTICLE 31 - DMCA POLICY:

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from MajorityRules infringe your copyright, you may request removal of those materials (or access to them) from MajorityRules by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on MajorityRules, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

NowakowskiAric S. Jacover

Jacover Law PLLCLLC

990 Grove St., Suite 402

Evanston, Illinois 60201

Phone: (212) 920-4890312) 569 - 0434

anjali@nowakowskilawaric@jacoverlaw.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material, or activity on MajorityRules is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures: If you believe that material you posted on MajorityRules was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement, under penalty of perjury, by you, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which MajorityRules may be found and accessed) and that you will accept service from the person (or an agent of that person) who provided MajorityRules with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on MajorityRules which was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers: It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

ARTICLE 32 - APPLE APPLICATION TERMS:

You may be accessing MajorityRules through an application of your Apple device which was provided by the Apple iTunes store. If so, please be advised as follows:

1. These Terms of use are explicitly between you and us. Apple is not a party to this Agreement, and will not be liable or responsible in any way for MajorityRules or any content herein;
2. Apple does not and will not provide any customer support, help, or other assistance with regard to MajorityRules - only MajorityRules can help with any questions, concerns, claims, losses, liabilities, damages, costs, expenses or issues you may face with our application;
3. Should MajorityRules not confirm to any express or implied warranty, you may notify Apple, in which case Apple’s only responsibility will be to refund the purchase price, if applicable;
4. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MajorityRules;
5. You are hereby acknowledging and agreeing not to use MajorityRules except on your personal Apple device;
6. Your license to use MajorityRules is a limited license, provided on a non-transferable, non-sublicensable, non-exclusive basis and may only be utilized for your personal, non-commercial use subject to this Agreement;
7. You and the Company acknowledge and agree that should a third party claim arise concerning the MajorityRules application, or the use of the application by you, with respect to an alleged infringement of a third party’s intellectual property rights, that MajorityRules, and not Apple, will undertake the investigation, defense, settlement, and discharge of any such infringement claim or claims;
8. You represent and warrant that you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as being a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
9. You acknowledge that in the utilization of the MajorityRules application, you will act in accordance with any applicable third party terms or User agreements which may affect or be affected by the MajorityRules application; and
10. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and upon your acceptance of these terms, Apple has the right (and will be considered to have accepted the right) to enforce these terms against you as third party beneficiary hereof.

ARTICLE 33 - GENERAL PROVISIONS:

1. Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
2. Jurisdiction, Venue & Choice Of Law: Through your use of MajorityRules or Services, you agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: New York, New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
3. Arbitration: This section specifically concerns your legal rights in case of a dispute so please read it carefully. By using MajorityRules you are waiving your right to a trial. In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration, under the Consumer Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the following county: New York County.  The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law, as well as the law of the state of New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Claims necessity arbitration also include, but are not limited to, disputes arising out of your use or misuse of MajorityRules, your use of the Services, your privacy and/or publicity rights and your breach of any of the terms of this agreement.  You hereby agree not to participate in any claims against the Company which may be brought by any other party, in an individual or representative capacity. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims - i.e. You hereby understand and agree that you are giving up your right to a jury trial or other litigation to assert any claims against the Company. Through this Agreement, you are also relinquishing any right to be engaged in a class action or other group proceeding against the Company.
4. Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
5. Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
6. No Waiver: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part. 
7. Headings for Convenience Only: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
8. No Agency, Partnership, or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
9. Force Majeure: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
10. Electronic Communications Permitted: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: hello@majorityrulesapp.com.

ARTICLE 34 - CONTACT:

For any questions, complaints, or claims, you may contact us as at hello@majorityrulesapp.com or at the following address: MajorityRules, 205 HudsonPeerStream Inc., 122 E. 42nd St., 26th th Floor, New York, New York 1001310168.