Captionable Terms of Service

Effective Date: 12/05/2014

These Terms of Service (“Terms”) govern your use of the Captionable application and www.TheCaptionable.com website (collectively, the “App”) and related products and services, including related mobile applications, websites, developer platforms, premium services, plug-ins or any content or information provided as part of the App (the “Services”), which are owned or operated by Blueboard Media, LLC (“Captionable”, “we” or “us”).

Our Privacy Policy, available at http://captionable.com/privacy is incorporated by reference into these Terms. Please read these Terms and the Privacy Policy carefully before you access the App or Services, as these Terms form a binding legal agreement between you and Captionable.

If you are using the App or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of the company or other legal entity. Additionally, if you are using the App or Services on behalf of a company or other legal entity, you are nevertheless individually bound by these Terms even if your company has a separate agreement with us. As used in these Terms, “you” and “your” refer to you individually and the company on behalf of which you are entering into these Terms.

By accessing the App or registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE CAPTIONABLE PRIVACY POLICY, WHICH CAN BE FOUND AT http://captionable.com/privacy.

1. Electronic Notices and Disclosures

You acknowledge and agree that Captionable may provide notices and other disclosures to you, required by these Terms, any other agreement, or law, electronically by posting such notices or other disclosures on Captionable’s website or by emailing it to you at any email address provided to Captionable by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

2. Changes to the Terms

We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the App. As your next visit to a App or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the App or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account. Your use or continued use of the App or Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.

3. Authorized User; Your Responsibility.

You may not access or use the App or Services if you are under the age of 13. You assume all responsibility for your use of, and access to, the App or Services.

4. Personal Information; Your Content; Your Account

4.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated.

4.2. Privacy. You may browse the App without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, store and otherwise use your information in accordance with the terms of the Captionable Privacy Policy, which you can find and read at http://captionable.com/privacy.

4.3 Your Content. As between you and Captionable, you own the information, materials, photos, or other content (the “Content”) you provide Captionable under this Agreement. Any Content that you upload or otherwise provide to Captionable in connection with the App or Services may be used by Captionable in order to provide and promote the App, Services or Captionable’s business. Accordingly, you grant to Captionable, and all of its subsidiaries, affiliates, successors, and assigns, a worldwide, perpetual, royalty-free, fully paid, sublicensable, non-exclusive, and transferable right to use, publish, reproduce, distribute, modify, prepare derivative works of, adapt, publicly display and otherwise use the Content. Such right to use such Content shall survive the termination of these Terms and termination of the Services. Notwithstanding the foregoing, you retain all rights to the Content, except as otherwise provided herein or as otherwise provided in any other agreement between you and Captionable. Any Content you submit to us is provided at your own risk of loss. By providing Content to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

4.4 Interactions with Other Users. Captionable offers various forums which allow you to post comments. Captionable also enables sharing of information by allowing users to post content and information, including photographs, images, and other media and phrases. Pursuant to the license granted by you above, Captionable may grant other users of the App or Services access and share rights to your Content in accordance with these Terms, your settings and the nature of your connection with such other users. Information you share may be seen and used by other users of the App or Services. Captionable cannot guarantee that users of the App or Services will not use the information that you share on Captionable, nor the manner of use. Captionable is not responsible for another user’s or other third party’s misappropriation or misuse of your Content or other information. You are solely responsible for your interactions with other users.

4.5 Your Account. Except for your Content licensed to us as set forth above, the account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; and (iv) not transfer your account to another party.

4.6 Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our App, Services or otherwise relating to Captionable (“Feedback”) to Captionable. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Captionable shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Captionable under any circumstances relating to such Feedback.

5. Your Eligibility

To be eligible to use the App or Services, you represent and warrant that you: (i) are not currently restricted from the App or Services and are not otherwise prohibited from having an account related thereto; (ii) will only provide accurate information to Captionable; (iii) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (iv) will not violate any rights of Captionable or a third party, including intellectual property rights.

6. Personal Use; Limited License; Ownership

Subject to the terms and conditions herein, Captionable grants you a limited, revocable, nontransferable, non-sublicensable, non-exclusive license and right to access the Captionable App and the Services through a generally available web browser, mobile device or Captionable authorized application to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the App or Services except with the prior written approval of Captionable.

Furthermore, without the prior written approval of Captionable, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of App content or Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the App or Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using.

Making unauthorized copies or distribution of App content or otherwise violating these Terms may result in the termination of your Captionable account, prohibition on use of the Services, and further legal action.

The App and Services provided by Captionable are licensed, not sold. The App and Services, and all copies of the App and Services, are owned by Captionable or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Captionable reserves all rights not expressly granted to you herein. You agree that you have no right to any Captionable trademark or service mark and may not use any such mark in any way unless expressly authorized by Captionable.

7. Use of Services

Captionable is not liable for the loss, corruption, alteration or removal of any content transmitted using our App or Services. By using our Services, you expressly waive the right to seek damages and agree to hold Captionable harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the App or Services.

Captionable may also at any time modify or discontinue, temporarily or permanently, all or any part of the App, Services or your account, with or without notice, and you agree that Captionable will not be liable to you or any third party for any such modification, suspension or discontinuance.

You may terminate these Terms by terminating your use of the App and Services and any related account.

8. Applications

Captionable may offer the Services through applications built using Captionable’s platform (“Applications”), including any mobile device applications or interactive plugins distributed on third-party websites. If you use an Application or interact with a Captionable plugin on a thirdparty site, we may receive information about you and your use of the Services. Additionally, by using Application that relates to or enables your use of the Services, you are accepting the terms of any end user license agreement associated with the Application, in addition to these Terms.

9. Third-Party Content, Sites, & Apps

We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.

From time to time, the App and Services may contain references or links to third-party materials not controlled by Captionable or its suppliers or licensors. Captionable provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Captionable is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the App or Services. You are responsible for evaluating whether you want to access or use a third party sites. Accordingly, if you decide to use third party sites, you do so at your own risk and agree that this Agreement does not apply to your use of any third party sites. You should review any applicable terms or privacy policy of a third party sites before using it or sharing any information.

10. Acceptable Use Policy

You agree to comply with all applicable laws and regulations in connection with your use of the App and Services. You may not use our App or Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

  • The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
  • Posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content;
  • Defaming, stalking, bullying, abusing, harassing, threatening, impersonating or intimidating people or entities;
  • Posting private or confidential information via, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
  • Acts that may materially and adversely affect the quality of other users' experience;
  • Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
  • Introducing malicious programs into Captionable’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
  • Engaging in any monitoring or interception of data not intended for you without authorization;
  • Attempting to circumvent authentication or security of any host, network, or account without authorization;
  • Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the App or Services, or any part thereof;
  • Adapting, modifying, or creating derivative works based on the App, Services, or technology underlying the Services, or other users’ content, in whole or part;
  • Duplicating, licensing, sublicensing, publishing, broadcasting, transmitting, distributing, performing, displaying, selling, rebranding, or otherwise transferring information found on the App or Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by Captionable in writing;
  • Using any method, software or program designed to collect identity information, authentication credentials, or other information;
  • Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
  • Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
  • Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Falsifying user identification information;
  • Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
  • Impersonating any person or entity, including, but not limited to, a Captionable representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Captionable enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Captionable may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

  • Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the App or Services, or e-mail that advertises any IP address belonging to Captionable or any URL (domain) that is hosted by Captionable.
  • The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Captionable.
  • Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

If Captionable determines that you have posted one or more articles of SPAM, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.

11. Copyright Protected Materials

Captionable respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the App or Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Captionable has the right, but not the obligation, to remove from the App and Services any files, material, information, software or other material Captionable believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.

If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to Captionable’s Designated Agent:

By e-mail:

Feedback@Captionable.com

By mail:

Captionable

3535 Peachtree Road NE. Suite 520-222

Atlanta, GA 30326, USA

Your written communication should include:

  • An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Captionable to locate the material;
  • Information reasonably sufficient to permit Captionable to contact the complaining party, such as an user name, user identifier, and, if available, an electronic mail address;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12. Export Control Laws.

The Services may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services, you warrant that you are not located in any country, or exporting the Service to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.

13. Right to Restrict or Terminate Access

Captionable may deny or restrict your access to all or part of the App or Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Captionable in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Captionable denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the App and Services and any license granted to you under any agreement related to your use of the App or Services shall immediately terminate. Termination of these Terms or the Services does not relieve you from your obligation to pay Captionable any amounts owed to Captionable. Upon termination, Captionable reserves the right to delete all of your Content, data, and other information stored on Captionable’s servers. Captionable will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Captionable pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Captionable will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the App or Services, or the termination thereof.

14. Security

You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Captionable any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Captionable shall not be liable for any unauthorized use of payment accounts.

15. Children and Minors

By using our Services, you affirm that you are at least 13 years of age. In accordance with the Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.

16. Disclaimer of Warranty

Actual service coverage, speeds, locations and quality may vary. Captionable will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services and App may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the App, Services, or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users, the Services or the App. The accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. CAPTIONABLE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. CAPTIONABLE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, CAPTIONABLE’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

17. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CAPTIONABLE, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“CAPTIONABLE PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

A CAPTIONABLE PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID CAPTIONABLE FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE CAPTIONABLE PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CAPTIONABLE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 18 AND 19 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

18. Indemnity

You agree to defend, indemnify and hold the Captionable Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Content or any other content or material you submit or otherwise transmit through our App or Services; (iii) your violation of any rights of another; or (iv) your use of the App or Services. Captionable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

19. General Terms

19.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Captionable homepage constitute the entire agreement between Captionable and you with respect to your use of our App Services. If there is any conflict between the Terms and any other rules or instructions posted on the App or Services, the Terms shall control.

19.2. Amendments. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Captionable. Notwithstanding the foregoing, Captionable reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.

19.3. Governing Law, Jurisdiction and Venue. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions below, exclusive venue for any action arising out of or in connection with this agreement shall be in Fulton County, Georgia. The parties each hereby consent to the jurisdiction and venue in Fulton County, Georgia and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Captionable shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.

19.4. Arbitration. Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

19.5 Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our App or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

19.6. Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.

19.7. Assignment. You may not assign your rights or obligations under these Terms without the prior written consent of Captionable, which may be withheld in Captionable’s sole discretion.

19.8. Non-Waiver. Captionable’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

19.9. Survival. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.

19.10. Headings. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms.

19.11. Captionable’s Rights Cumulative. These Terms do not limit any rights that Captionable may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Captionable, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Captionable.

19.12 No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the App or Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.