1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "user") and the operator of the Sammy iOS application ("Sammy", "the App", "we", "us"). By downloading, installing, or using the App in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, do not use the App. You must be at least 13 years of age to use the App. If you are between the ages of 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Your continued use of the App after any changes to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
2. Description of Service
Sammy is a single-creator social media iOS application. Sammy is the sole content creator and publishes all posts in the App. Users can view that content and optionally interact through comments, likes, votes, polls, and other engagement features.
We reserve the right to add, modify, suspend, or discontinue any feature or aspect of the App at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the App or any feature within it.
3. Content Disclaimer
All posts, images, videos, audio, and other content published to the App by Sammy ("Creator Content") represent the personal views, opinions, and creative work of the content creator. Creator Content is provided for informational and entertainment purposes only.
No professional advice. Nothing in the App or Creator Content constitutes medical, legal, financial, investment, nutritional, psychological, or any other form of professional advice. Do not rely on any content in the App as a substitute for professional advice.
No guarantees of accuracy. While we make reasonable efforts to publish accurate and up-to-date content, we make no representation or warranty that any Creator Content is accurate, complete, reliable, current, or error-free. Creator Content may be changed, updated, or removed at any time without notice.
Third-party content. The App may reference, link to, or share content from third-party sources for commentary or informational purposes. We do not endorse, control, or assume responsibility for any third-party content, products, or services referenced in the App.
User-generated content. Comments, usernames, profile pictures, and images posted by users ("User Content") are the views of the users who posted them. We do not endorse or assume responsibility for User Content. We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is otherwise objectionable.
4. Intellectual Property
Our intellectual property
The App and all Creator Content, including text, images, videos, audio, and graphics, are owned by or licensed to us and are protected by applicable copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for your personal, non-commercial purposes in accordance with these Terms. No other rights are granted.
You may not, without our express prior written permission:
- Copy, reproduce, distribute, republish, download, display, or transmit any Creator Content in any form or by any means;
- Modify, create derivative works from, or exploit any Creator Content or any part of the App;
- Use any Creator Content for commercial purposes or for public display;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing in the App.
License grant for your content
You retain ownership of any User Content you submit (comments, replies, profile pictures, and comment images). By submitting User Content to the App, you grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, store, reproduce, display, and distribute that User Content solely for the purpose of operating, improving, and moderating the App.
By submitting User Content, you represent that you own it or have the rights to share it, that it does not infringe any third-party rights, and that it complies with these Terms.
5. User Conduct
By using the App, you agree not to violate any laws or infringe the rights of others. You agree not to:
Prohibited content
- Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Post, upload, or transmit any content that depicts, promotes, or facilitates child sexual abuse or exploitation in any form. Any such content will result in immediate and permanent termination of your access to the App, and we will report the content to appropriate authorities and cooperate fully with law enforcement;
- Post content that promotes, glorifies, or incites violence, terrorism, or hatred against any individual or group;
- Post content that constitutes spam, unsolicited advertising, or repetitive or disruptive messages;
- Impersonate Sammy, another user, or any other person or entity, or falsely represent your affiliation with any person or entity.
Prohibited conduct
- Harass, threaten, stalk, or intimidate other users;
- Attempt to circumvent, reverse-engineer, decompile, disassemble, or otherwise interfere with the App or its security measures;
- Use automated scripts, bots, scrapers, or other means to access, collect, or extract data from the App without our express written permission;
- Attempt to evade a ban or other restriction imposed on your account or device by creating a new profile, resetting the App, reinstalling it, or by any other means;
- Attempt to access any part of the App's infrastructure, backend systems, or data that is not intended to be publicly accessible;
- Transmit any malware, viruses, or other malicious code through the App;
- Use the App in any manner that could damage, disable, overburden, or impair our servers or networks.
Enforcement
We reserve the right, at our sole discretion, to remove any User Content and to suspend or terminate your access to the App at any time, for any reason, without notice, including for violations of these Terms. Bans may persist even if the App is reinstalled.
6. Disclaimer of Warranties
THE APP AND ALL CONTENT, FEATURES, AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- WARRANTIES THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH THE APP WILL BE ACCURATE, COMPLETE, RELIABLE, OR TIMELY;
- WARRANTIES THAT ANY DEFECTS WILL BE CORRECTED.
You acknowledge that your use of the App is at your sole risk. We do not warrant that the App will meet your requirements or that it will be available at any particular time or location. We are not responsible for any technical issues, including but not limited to failures of your device, internet connection, or the App Store.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED FIFTY DOLLARS (USD $50.00).
These limitations apply to all claims, whether in contract, tort, or otherwise, and survive termination of these Terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
8. Indemnification
You agree to defend, indemnify, and hold harmless us from any claims, liabilities, damages, losses, costs, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the App or any activities conducted through it;
- Your violation of these Terms;
- Any User Content you submit, post, or transmit through the App;
- Your violation of any applicable law, regulation, or the rights of a third party (including intellectual property rights, privacy rights, or rights of publicity).
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of any such claim and not to settle any such matter without our prior written consent.
9. Dispute Resolution and Arbitration
Informal resolution
Before filing any formal legal claim, you agree to first contact us at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within 30 days of receiving your notice. If the dispute is not resolved within that period, either party may pursue formal proceedings as described below.
Binding arbitration
Except for disputes that qualify for small claims court, any dispute arising out of or relating to these Terms or the App, including disputes about the scope or applicability of this arbitration clause, shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, or by the American Arbitration Association (AAA) under its Consumer Arbitration Rules if JAMS is unavailable. The arbitration shall take place in Los Angeles, California, or by telephone or video conference at your election. Judgment on the award may be entered in any court with jurisdiction.
The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction. The arbitrator's award shall be final and binding.
Small claims court
Either party may bring an individual action in small claims court in the county where you reside, provided the claim qualifies and remains in small claims court and is not removed or appealed to a court of general jurisdiction.
Class action waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable, then the arbitration agreement in this Section shall be null and void.
Exceptions
Either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights, without first engaging in the informal dispute resolution process.
10. Governing Law
These Terms and any dispute arising out of or relating to them or the App shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
To the extent that any dispute is not subject to arbitration under Section 9, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles County, California for the resolution of such disputes, and you waive any objection to venue or jurisdiction in such courts.
If you are accessing the App from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
11. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. For material changes, we may also provide notice through an in-app post.
Your continued use of the App after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.
The current version of these Terms is always available at terms.sammyinpjs.com.
12. Termination
We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the App ceases immediately.
Termination does not affect any rights or obligations that arose before it. Provisions that by their nature should survive termination will do so.
13. Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to your use of the App and supersede all prior and contemporaneous agreements, representations, and understandings of the parties, whether written or oral, relating to the subject matter of these Terms.
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Contact Information
For questions about these Terms, contact us at:
Email: [email protected]