Terms Of Use Agreement

Welcome to Letterpad ("Letterpad," "we," or "our").

By using the website located at Letterpad.app, any other URL provided by Letterpad, and any related mobile website(s) (collectively, the “Websites”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”). If you wish to use the Websites (in which instance you will be deemed a “User”), and/or make use of the Letterpad service (the “Service”), please read this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Electronic Agreement.

This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. By accessing and/or using the Service or becoming a User, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, found at https://letterpad.app/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites or the Service.

This Terms of Use and the Privacy Policy is subject to change by Letterpad at any time, effective upon posting on the Letterpad Websites. Your continued use of the Websites and Service following Letterpads posting of revised terms of any section of the Terms of Use will constitute your express and binding acceptance of and consent to the revised Terms of Use. While we will endeavor to update you on changes, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Eligibility.

You must be at least thirteen (13) years of age to use the Service. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement, or have parental or guardian consent to do so, and will abide by all of the terms and conditions of this Agreement. If you are accepting these Terms of Use and using the Service on behalf of a minor of at least thirteen (13), you represent that you have authorization to do so, and the words “you” or “your” in these Terms of Use include that such minor.

The Service is also not available to any users who have been previously removed or suspended from the Service.

3. Access and Registration.

We reserve the right to withdraw or amend the Websites or the Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or an entire Website(s), to Users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Websites and Service. Ensuring that all persons who access the Websites and Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites and Service that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Websites or Service, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You may delete your account in the “Account Settings” of the Websites and/or Service. Please note that if you delete your account, you will lose any sub-domain provided by Letterpad and profile you created on Letterpad.

4. Account Security.

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Letterpad of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Letterpad will not be liable for any loss or damage arising from your failure to comply with this provision.

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Letterpad account.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, if, in our opinion, you have violated any provision of these Terms of Use.

5. Commercial Use of Service.

If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;
You have read and understand this Terms of Use;
You agree to this Terms of Use on behalf of the Subscribing Entity.

Further, the Service may allow the capability for individuals or entities (“Sponsors”) to sponsor articles (a “Sponsorship”) authored by users of the Service (“Creators”) with a monetary payment conducted via integration with a third-party payment platform, such as Stripe or PayPal. Sponsorships are not endorsements by the Service nor by Letterpad about the Creator or the underlying article(s). Any disputes related to the Sponsorship, including monetary issues are between the Sponsor and the Creator, and/or the applicable third-party payment platform, are between those applicable parties only, and not Letterpad. The Service and Letterpad does not review the identification or origination of any Sponsor or Creator.

The Service may charge convenience fees to process Sponsorships and any such fees shall be set forth separately and acknowledged by such applicable Creator. Letterpad does not handle any applicable tax payments or filings for the Creators and Creators acknowledge they must file all appropriate tax forms and make all applicable tax payments for received Sponsorships.

Sponsorships are non-refundable. Letterpad is under no obligations to commence or continue any Sponsorship program on the Service.

6. Your Use of the Service

You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by Letterpad.

Other than Your Content (as defined below in Section 8), You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.

You must not use the Sponsorship process in a manner that games the results or in any deceitful manner, and that payments for Sponsorships relate only to articles on the Service. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.

You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.

You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.

You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.

You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Letterpads sole and reasonable discretion;

any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;

any private communications between individuals with explicit consent of all parties to the communication, doxing, and posting of other content that violates others\’ privacy rights;

any information promoting harmful conspiracies, or the facilitation of gambling, betting, illegal activities or copyright violation;

any content that is duplicate content, whether from the same account or multiple accounts on Letterpad;

any content or conduct that is deceptive, including impersonating individuals or entities, using the Letterpad Service for phishing or fraud, not disclosing you have received compensation of any variety in connection with the topic of your submissions or content (i.e., goods and services) including affiliate links; or

any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Letterpads sole and reasonable opinion;

any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service; or

any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

You must not rent, sell or lease access to the Service, or any content on the Websites.

You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including creating parody accounts.

You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Letterpad personnel or Letterpad User. If Letterpad determines that any User has threatened, stalked, harassed, or verbally abused any Letterpad employee or another Letterpad User, Letterpad reserves the right to immediately terminate that User\’s use of the Service and suspend access to the Service.

You must not sell or transfer, or offer to sell or transfer, access to the Websites without the prior written approval of Letterpad.

You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Letterpad; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server which you are not authorized to access; attempt to scan or test the vulnerability of Letterpads servers, system or network or attempt to breach Letterpads data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking Letterpads servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Letterpad under these Terms of Use, Letterpad reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Letterpad has the right, in its sole discretion, to terminate your access to the Websites or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Further, illegal and/or unauthorized uses of the Service include, but are not limited to, collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Letterpad, which may be revoked at any time, for any reason, in Letterpads sole discretion.

If you violate these rules, we reserve the right to review posts or accounts at any time and remove content that violates these Terms of Use rules. In deciding whether something has violated these Terms of Use. Repeated violations of the Terms of Use will result in permanent ineligibility to use the Services.

If you find content or a Letterpad account that violates these rules, please let us know by sending an email to hello@Letterpad.app.

7. Interactions; Limitation of Liability

It is up to you whether you want to connect with a certain User, and you alone bear the risk of any communication, meeting, or other connection with a User. You acknowledge and agree that Letterpad is not a party to any communication, meeting or agreement between you and another User, and that we are not liable to you for any loss incurred as the result of a User\’s acts or omissions, including without limitation fraud, failure to communicate, conversion, physical injury, mental distress, breach of contract, negligence, and intellectual property violations.

You acknowledge and agree that Letterpad does not necessarily have control over the quality, safety, morality or legality of any User or any service(s) they offer you, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under an agreement with you. Letterpad cannot ensure that a User will actually complete a transaction or follow through on their promises.

Letterpad cannot guarantee the true identity, age, and nationality of a User. Letterpad encourages you to communicate directly with Users through the tools available on the application.

Further, Letterpad cannot guarantee the articles posted by any User is valid, accurate, reliable, current, or error-free.

8. You Bear Risk of Upload.

Letterpad uses reasonable security measures in order to attempt to protect any content or information that you upload or otherwise make available to the Websites and/or the Service, including without limitation any information, photographs or other images, or intellectual property, including the articles you distribute and publish on the Service (collectively, “Your Content”). However, Letterpad cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Letterpad be liable for any copying or usage of Your Content not authorized by Letterpad. You hereby release and forever waive any claims you may have against Letterpad for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY Letterpad HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

10. Modifications to Service.

Letterpad reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Letterpad shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Blocking of IP Addresses.

In order to protect the integrity of the Services, Letterpad reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Websites and/or Service.

12. Term.

This Terms of Use will remain in full force and effect while you use the Websites and/or Service.

Letterpad may terminate your use of the Websites for any reason by sending notice to you at the email address you provide when signing up for the Service, or such other email address as you may later provide to Letterpad. All decisions regarding the termination of use of the Websites shall be made in the sole discretion of Letterpad. Letterpad is not required to provide you notice prior to terminating your use of the Websites and/or the Service. Letterpad is not required, and may be prohibited, from disclosing a reason for the termination of your access to the Websites. Even after your use of the Websites is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination.

13. Third Party Content.

Letterpad may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Letterpad does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Letterpad does not create Third-Party Content, nor does Letterpad update or monitor it. Letterpad is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.

The Service may include links or references to other web sites or services solely as a convenience to Letterpad users (collectively, the “Reference Sites”). Letterpad does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

14. Intellectual Property.

Letterpad, the Letterpad logos and any other product or service name or slogan contained in the Service are trademarks of Letterpad or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Letterpad or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Letterpad may provide you from time to time.

Letterpad retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of Letterpad, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Letterpad is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Letterpad and for Letterpad Users\’ use only. Distribution of Content to others is strictly prohibited. You agree that Letterpad would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Letterpad shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

We may provide links to third party websites, and some of the content appearing on Letterpad may be supplied by third parties. Letterpad has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.

You may not use any metatags or any other hidden text utilizing “Letterpad” or any other name, trademark or product or service name of Letterpad without our prior written permission. In addition, the look and feel of the Letterpad Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Letterpad and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

The Service is owned and operated by Letterpad. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Letterpads logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

15. Your Content; Licenses.

Letterpad does not claim ownership of Your Content, whether you use your own domain or a Letterpad sub-domain for Your Content. However, with respect to Your Content, you grant Letterpad a perpetual, worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content on the Websites and/or Service, regardless of your termination or deletion of your account.

If you use the Service without your own sub-domain, the sub-domain provided by Letterpad is not your property.

Letterpad does not guarantee any amount of interaction with Your Content, including results, search engine optimization, clicks, views, likes, claps, emojis, or any other type of interaction.

Letterpad reserves the right to change the category of Your Content based in its sole discretion or hide Your Content if it feels it violates these Terms of Use.

Letterpad may, from time to time, provide you with the ability to import or export Your Content to or from other websites or services. If you choose to import or export any of Your Content, you acknowledge that doing so does not violate the terms of the other such website and/or service.

16. Copyright Policy.

Letterpad prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

124 Broadkill Rd #483
Milton, DE 19968-1008

When contacting us, please make sure that you include the following information:

a statement that you have identified Content on Letterpad that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyright work(s) that you claim have been infringed;
a description of the Content that you claim is infringing and the Letterpad URL(s) where such Content can be located;
your full name, address and telephone number, a valid email address on which you can be contacted, and your Letterpad user name if you have one;
a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following: with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury;
and your electronic or physical signature (which may be a scanned copy).

The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by mail or email at 124 Broadkill Rd #483, Milton, DE 19968-1008 or hello@Letterpad.app. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at 124 Broadkill Rd #483, Milton, DE 19968-1008 or hello@Letterpad.app.

17. Repeat Infringer Policy.

In accordance with the DMCA and other applicable laws around the world, Letterpad has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Letterpad to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Letterpad of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Letterpad may also at our sole discretion limit access to the Service and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, Letterpad accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Please note that we do not offer refunds to Users whose access is terminated as a result of repeated infringement of these Terms of Use.

18. Limitation of Liability.

In no event shall Letterpad be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Letterpad or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Letterpad makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites\’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL Letterpad, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF Letterpad HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Letterpad HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, AND ANY CONTENT INCLUDED ON THE WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; LOST DATA; LOSS OF GOODWILL; INFRINGEMENT OF COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Letterpad HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Letterpad and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $100.00 or the sum of any amount paid by the User to Letterpad during the six months prior to notice to Letterpad of the dispute for which the remedy is sought.

19. Indemnity by You.

You agree to indemnify and hold Letterpad, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

your use of the Service and/or Websites in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth above;
any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
any activity related to your use of the Websites, be it by you or by any other person accessing your device with or without your consent unless such activity was caused by the act or default of Letterpad.

20. Attorney Fees.

In the event that Letterpad is successful in whole or in part in any action or proceeding related to or arising from this Terms of Use, you shall be responsible for Letterpads attorneys' fees and costs.

21. Parental or Guardian Permission.

Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE Letterpad THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

22. Privacy.

Use of the Websites and/or the Service is also governed by our Privacy Policy.

23. Jurisdiction and Choice of Law; Dispute Resolution.

If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. Any dispute must be filed within one year after the relevant claim arose; otherwise, the dispute is permanently barred, which means that you and Letterpad will not have the right to assert the claim. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

24. Arbitration Provision/No Class Action.

Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Delaware, County of Sussex, or the United States District Court for the District of Delaware. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, County of Sussex, or the United States District Court for the District of Delaware.

25. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.

26. Availability Outside the U.S.

If you access Letterpad from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites or Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

27. Entire Agreement.

This Terms of Use, along with the Privacy Policy, contains the entire agreement between you and Letterpad regarding the use of the Websites and/or the Service.

28. Severability; Waiver.

If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Letterpads failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect Letterpads ability to enforce such term at any point in the future.

29. Headings.

The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use.

Please contact us with any questions regarding this agreement. Letterpad is a trademark of LinearBytes Inc.

Letterpad reserves all rights not expressly granted in these Terms of Use.

Our AI and PRO related terms can be found here and here.

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