No Filter Network

Terms of Use

Last Updated Date: April 1, 2022

WELCOME TO NO FILTER! PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS OF USE”) CAREFULLY. THESE TERMS OF USE ARE A LEGAL CONTRACT BETWEEN YOU (“USER”) AND NO FILTER, INC. (“NO FILTER,” “WE,” “US” AND “OUR”). BY (A) ACCESSING OR USING THIS WEBSITE (“WEBSITE”) AND/OR DOWNLOADING OR USING OUR MOBILE APPLICATION (“APPLICATION”), OR ANY OTHER SITE OR APPLICATION WITH AN AUTHORIZED LINK TO THESE TERMS OF USE, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND APPLICATION (EACH, A “SERVICE” AND, COLLECTIVELY, THE “SERVICES”), (B) CLICKING ON THE “I ACCEPT” BUTTON, (C) COMPLETING THE REGISTRATION PROCESS FOR AN ACCOUNT (AS DEFINED BELOW),  AND/OR (D) MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, AND, IF YOU ARE BETWEEN 13 AND 18, YOU ARE USING THE SERVICE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN WHO IS AGREEING TO BE BOUND BY THESE TERMS OF USE, (3) IF YOU ARE A PARENT OR GUARDIAN OF A USER WHO IS BETWEEN 13 AND 18, YOU AGREE TO THESE TERMS OF USE AND SHALL BE RESPONSIBLE FOR THE MINOR USER’S ACTS OR OMISSIONS WITH RESPECT TO THE SERVICE; AND (4) YOU ARE NOT A PERSON BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHO REGISTERED ON THE WEBSITE OR APPLICATION, WHETHER A END USER OR A CREATOR.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE APPLICATION, OR THE SERVICES. 


SECTION 18 OF THESE TERMS OF USE INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.


Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to You for Your acceptance when You sign up to use the supplemental Service.  If these Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.” 


PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY NO FILTER IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, No Filter will make a new copy of these Terms of Use available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website and within the Application.  We will also update the “Last Updated” date at the top of these Terms of Use. Any changes to the Terms will be effective immediately for new Users of the Website, the Application, and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Website and within the Application for existing Users, provided that any material changes shall be effective for Users who have an Account with Us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or Application or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below).  No Filter may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application, and/or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), You must stop using the Website, the Application, and/or the Services. Otherwise, your continued use of the Website, the Application, and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE OR APPLICATION TO VIEW THE THEN-CURRENT TERMS. 



1.How Our Services Work. 


No Filter provides a platform that allows end users of the Website or Application (“Viewers”) (a) to access original content, including but not limited to content relating to private and/or corporate events, from approved content creators (“Hosts”), and (b) if permitted by No Filter, to create such original content. 



2.  Use of the Services and No Filter Properties. 


The Website, the Application, the Services, and the information and content available on the Website, the Application, and the Services (collectively, the “No Filter Properties”) are protected by copyright laws throughout the world.  Subject to the Terms, No Filter grants you a limited license to reproduce portions of the No Filter Properties for the sole purpose of using the Services for your personal and/or professional purposes. Unless otherwise specified by No Filter in a separate license, your right to use any No Filter Properties is subject to the Terms. 


2.1  Application License.  Subject to your compliance with the Terms, No Filter grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.  Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.


2.2  Updates.  You understand that the No Filter Properties are evolving. You acknowledge and agree that No Filter may update the No Filter Properties with or without notifying you. You may need to update third-party software from time to time in order to receive the Services or use the No Filter Properties.


2.3  Certain Restrictions.  The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the No Filter Properties or any portion of the No Filter Properties, including the Website and Application, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other No Filter Properties (including images, text, page layout or form) of No Filter; (c) you shall not use any metatags or other “hidden text” using No Filter’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the No Filter Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website or Application (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website or Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the No Filter Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the No Filter Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the No Filter Properties. Any future release, update or other addition to the No Filter Properties shall be subject to the Terms. No Filter, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of the No Filter Properties terminates the licenses granted by No Filter pursuant to the Terms.


2.4  Third-Party Materials.   As a part of the No Filter Properties, you may have access to materials that are proprietary to another party.  You agree that it is impossible for No Filter to monitor such materials and that you access these materials at your own risk. 



3. Registration.


3.1  Registering Your Account.  In order to access certain features of the No Filter Properties you may be required to become a Registered User.  For purposes of the Terms, a “Registered User” is a User who has registered a user account on the Website or Application (each, an “Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Website or Application (each such account, a “Third-Party Account”).


3.2  Access Through an SNS.  If you access the No Filter Properties through an SNS as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing No Filter to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you are entitled to disclose your Third-Party Account login information to No Filter and/or grant No Filter access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating No Filter to pay any fees or making No Filter subject to any usage limitations imposed by such third-party service providers. By granting No Filter access to any Third-Party Accounts, you understand that No Filter may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through No Filter Properties (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through No Filter Properties via your Account.  Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 7.1) for all purposes of the Agreement.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on No Filter Properties. Please note that if a Third-Party Account or associated service becomes unavailable or No Filter’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through No Filter Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website or Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND NO FILTER DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  No Filter makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and No Filter is not responsible for any SNS Content.


3.3  Registration Data.  When registering an Account for the Services or subscribing to become a Host, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are responsible for all activities that occur under your Account (and if you are a parent or guardian supervising a minor user, you are responsible for all activities that occur under such minor user’s Account). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the No Filter Properties if you have been previously banned from the No Filter Properties. 


3.4  Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to the No Filter Properties.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the No Filter Properties.



4. Host-Specific Terms. 


When using the Services as a Host, you represent and warrant that:


4.1  You own all rights in and to Your Content (as applicable) and that you have the right to grant the rights described in these Terms; 


4.2  You have paid and will pay in full any fees, royalties or other payments that are due or may become due in connection with any use of Your Content permitted hereunder; 


4.3  Your agreement to these Terms and the provision of any services hereunder do not violate any agreement that you may have with any third party; 


4.4  Your Content, including the use thereof as permitted hereunder, is not and shall not be libelous or defamatory, or violate, infringe, misappropriate, or otherwise use without authorization the intellectual property rights, privacy rights, publicity rights, moral rights or other legal rights of any third party, or violate any law, regulation or court order;


4.5  Your Content does not contain any third-party intellectual property or other materials unless you have the permission from the rights holder to use such intellectual property or materials and allow No Filter to use such intellectual property and materials consistent with the terms set forth in these Terms; 


4.6  You will not offer Content or services: (i) for any third party that is the subject of any criminal action, or that is involved in, connected with or promotes illegal or unlawful activity, violence or hate speech; (ii) that disparages, libels or defames any person, entity, brand or business; or (iii) that otherwise violate the Content and Use Guidelines set forth in Section 7.3 below;


4.7  You covenant that any and all of Your Content and/or digital and/or social media postings, communications or statements effected by or on behalf of any Host will be effected in a manner that complies with applicable laws, rules, regulations and guidelines (including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising – https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf), as well as the rules, regulations and policies of each applicable digital and/or social media platform;


4.8  You will comply with all rules, regulations and requirements of any union or guild having jurisdiction over Host and Your Content, including by making any payments (including health and pension payments) required by any union or guild;


4.9  You agree that these Terms create an independent contractor relationship and it is your and No Filter’s express intent that the relationship be interpreted and held to be that of an independent contractor for all purposes. You agree that you are not a joint venturer, franchisee, partner, agent or employee of No Filter, and you will not represent yourself as such. 



5. Payments.


5.1  Payments Terms for Viewers.  As a Viewer, you agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide No Filter with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or Venmo, PayPal or other payment platform accepted by No Filter in its sole discretion (“Payment Provider”) in order to make any purchases via the Services. Your Payment Provider agreement governs your use of the designated payment method, and you must refer to that agreement and not the Terms to determine your rights and liabilities.  By providing No Filter with your credit card number or payment account information, you agree that No Filter is authorized to immediately invoice your account for all fees and charges due and payable to No Filter hereunder and that no additional notice or consent is required.  You agree to immediately notify No Filter of any change in your billing address or payment account used hereunder.  No Filter reserves the right at any time to change its prices and billing methods, either immediately upon posting on No Filter Properties or by e-mail delivery to you.


5.2  Payments to Host. Host acknowledges and agrees that No Filter is entitled to collect the Gross Revenues (as defined below) through its third-party payment provider as set forth in Section 5.4, and that prior to remitting Host’s portion of such fees, No Filter will deduct (a) any App Store fees, (b) any processing fees associated with payments received (the “Processing Fee”), (c) taxes, (d) refunds, rebates, bad debt, commissions and other standard deductions, and (e) No Filter’s platform fee, which is equal to [seven] percent (7%) of the Gross Revenues (collectively “Deductions”). “Gross Revenues” means all revenue received by No Filter from any transactions hereunder, less the Deductions. No Filter will then remit the remaining amount of Gross Revenues (i.e., following the Deductions), to Host’s Account within fourteen (14) days of receipt of Gross Revenues. 


5.3  Disputes.  You must notify us in writing within seven (7) days after receiving a statement from your Payment Provider if you dispute any of our charges on that statement or such dispute will be deemed waived.  Billing disputes should be notified to the following address: support@nofilter.net. 


5.4  Third-Party Provider.  As of the date set forth above in these Terms of Use, No Filter uses:

  1. Stripe, Inc. as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) related to any payments made via the No Filter Network platform in a browser.  By buying or selling on the No Filter Properties, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/privacy and hereby consent and authorize No Filter and Stripe to share any information and payment instructions you provide with third-party service providers to the minimum extent required to complete your transactions. 
  2. Apple in-app purchases as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) related to any payments made via the No Filter Network app on Apple iOS devices.  Refer to sections 10.3 and 10.4 for more information.



6. Relationship of the Parties.


Any agreements created between a Viewer and a Host are not binding on us. We are not liable for, or obligated to enforce, any agreements between a Viewer and a Host You will not consider No Filter, nor will No Filter be construed as, a party to such transactions, whether or not No Filter receives some form of remuneration in connection with the transaction, and No Filter will not be liable for any costs or damages arising out of or related to such transaction. No contractual obligations are created with us with respect to such transactions or agreements, and in the event that you have a dispute with one or more Users, you release No Filter (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 



7. Responsibility for Content.


7.1  Types of Content.  You acknowledge that all Content is the sole responsibility of the party from which such Content originated. This means that you, and not No Filter, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise share or make available (“Make Available”) through the No Filter Properties (“Your Content”), and that you and other Users of the No Filter Properties, and not No Filter, are similarly responsible for all Content they Make Available through the No Filter Properties (“User Content”). 


7.2  No Obligation to Pre-Screen Content.  You acknowledge that No Filter has no obligation to pre-screen Content (including, but not limited to, User Content).  Notwithstanding the foregoing, No Filter reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation messages that you send using the Services.  In the event that No Filter pre-screens, refuses or removes any Content, you acknowledge that No Filter will do so for No Filter’s benefit, not yours.  Without limiting the foregoing, No Filter shall have the right to remove any Content that violates the Terms or is otherwise objectionable, in No Filter’s sole and absolute discretion.


7.3  Content and Use Guidelines. In connection with your access to and use of the Services, you will not submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity) (collectively, the “Objectionable Content”), including but not limited to: (i) defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or harm a targeted individual or group; (ii) realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence; (iii) depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition; (iv) overtly sexual or pornographic material; (v) inflammatory religious commentary or inaccurate or misleading quotations of religious texts; or (vi) false information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers. 


7.4  Storage.  No Filter has no obligation to store any of Your Content that you Make Available on the No Filter Properties.  No Filter has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the No Filter Properties.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that No Filter retains the right to create reasonable limits on No Filter’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by No Filter in its sole discretion. 


8. Ownership.


8.1  No Filter Properties.  Except with respect to Your Content and User Content, you agree that No Filter and its suppliers own all right, title and interest in the No Filter Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Application, the Services, or the No Filter Properties.


8.2  Trademarks. “No Filter” and other related graphics, logos, service marks and trade names used on or in connection with the No Filter Properties are the trademarks of No Filter and may not be used without permission.  Other trademarks, service marks and trade names that may appear on or in the No Filter Properties are the property of their respective owners.


8.3  Other Content.  Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the No Filter Properties.


8.4  Your Content.  No Filter does not claim ownership of Your Content.  However, when you as a User post or publish Your Content on or in the No Filter Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.  You also agree that, without authorization from No Filter, You will not use, or cause or permit the use of, Your Content with any third-party platform, product or service or for any purpose other than your personal, non-commercial purposes. 


8.5  License to Your Content.  Subject to any applicable account settings that you select, you grant No Filter a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part), in any medium or manner, now known or hereafter devised, for the purposes of advertising and promoting No Filter and the No Filter Properties, as well as operating and providing the No Filter Properties.  Other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the No Filter Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not No Filter, are responsible for all of Your Content that you Make Available on or in the No Filter Properties. 


8.6  Your Account.  Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of No Filter. 


8.7  Your Profile.  Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. 


8.8  Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to No Filter through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that No Filter has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to No Filter a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any lawful purpose.


8.9  Reviews.  The Services may host User Content that is related to reviews of certain Users. Such reviews are opinions and are not the opinion of No Filter, have not been verified by No Filter, and each User should undertake his or her own research.  You agree that No Filter is not liable for such User Content.  No Filter shall have the right, but not the obligation, to monitor or review any reviews at any time. No Filter reserves the right to refuse to post or remove any material submitted or posted in any review.  Notwithstanding the foregoing, you acknowledge that No Filter is under no obligation to edit or modify any information available in any reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a review. No Filter does not assume liability for reviews or for any claims for economic loss resulting from such ratings and reviews.



9. User Conduct


9.1  General.  While using or accessing the No Filter Properties you agree that you will not, under any circumstances:

  1. Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your Account status;
  2. Interfere with or damage No Filter Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
  3. Fail to honor any transaction agreed to by you, unless the Host fails to comply with the terms of such transaction; 
  4. Post false, inaccurate, misleading, defamatory or libelous content;
  5. Take any action that may undermine our feedback or ratings systems;
  6. Bypass our robot exclusion headers, interfere with the working of the No Filter Properties, or impose an unreasonable or disproportionately large load on our infrastructure; 
  7. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. Use the No Filter Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
  9. Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, defamatory or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities; or (vi) infringes a third party’s intellectual property or privacy or other proprietary right.


9.2  Investigations.  No Filter may, but is not obligated to, monitor or review the No Filter Properties and Content at any time.  Without limiting the foregoing, No Filter shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if No Filter determines, in its sole and absolute discretion, that such Content may violate the Terms or any applicable law.  Although No Filter does not generally monitor user activity occurring in connection with the No Filter Properties or Content, if No Filter becomes aware of any possible violations by you of any provision of the Terms, No Filter reserves the right to investigate such violations, and No Filter may, at its sole discretion, immediately terminate your license to use the No Filter Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.



10. Interactions with Other Users.


You are solely responsible for your interactions with other Users of the No Filter Properties and any other parties with which you interact through the No Filter Properties; provided, however, that No Filter reserves the right, but has no obligation, to intercede in such disputes. 


10.1  Content Provided by Other Users.  The No Filter Properties may contain User Content provided by other Users.  No Filter is not responsible for and does not control User Content.  No Filter has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content.  You use all User Content and interact with other Users at your own risk.


10.2  Third-Party Services & Ads. The No Filter Properties may contain links and/or integrate with third-party websites and/or services (“Third-Party Services”) and advertisements for third parties (“Third-Party Ads”) (collectively, “Third-Party Services & Ads”). When you click on a link to or otherwise access a Third-Party Service or a Third-Party Ad, we will not warn you that you have left the No Filter Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Services are not under the control of No Filter.  No Filter is not responsible for any Third-Party Services & Ads.  No Filter provides these Third-Party Services & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services & Ads, or their products or services.  You use Third-Party Services & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party. 


10.3  App Stores.  You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Terms are entered into between you and No Filter and not with the App Store.  No Filter, not the App Store, is solely responsible for No Filter Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with No Filter Properties, including the Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any No Filter Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce it.


10.4  Additional Terms for Apple Applications.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

  1. You acknowledge and agree that (i) the Terms are concluded between you and No Filter only, and not Apple, and (ii) No Filter, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between No Filter and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of No Filter.
  4. You and No Filter acknowledge that, as between No Filter and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and No Filter acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between No Filter and Apple, No Filter, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
  6. You and No Filter acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.


10.5  Additional Terms for Google Applications. The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:

  1. You acknowledge and agree that (i) the Terms are concluded between you and No Filter only, and not Google, Inc. (“Google”), and (ii) No Filter, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Terms of Service.
  2. Google is only a provider of Google Play where you obtained the Google Play Sourced Application. 
  3. No Filter, and not Google, is solely responsible for its Google Play Sourced Application;
  4. Google has no obligation or liability to you with respect to No Filter’s Google Play Sourced Application or these Terms; and
  5. You acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to No Filter’s Google Play Sourced Application.



11. Indemnification.


 You agree to indemnify and hold harmless No Filter, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “No Filter Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the No Filter Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations.  No Filter reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with No Filter in asserting any available defenses.  You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the No Filter Properties.



12. Disclaimer of Warranties.


12.1  As Is.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE NO FILTER PROPERTIES IS AT YOUR SOLE RISK, AND THE NO FILTER PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  THE NO FILTER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  1. THE NO FILTER PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE NO FILTER PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE NO FILTER PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NO FILTER PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE NO FILTER PROPERTIES WILL BE CORRECTED.
  2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE NO FILTER PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE NO FILTER PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  NO FILTER MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NO FILTER OR THROUGH THE NO FILTER PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  5. FROM TIME TO TIME, NO FILTER MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.  SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT NO FILTER’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.


12.2  No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT THE NO FILTER PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY OF THE NO FILTER PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 


12.3  No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE NO FILTER PROPERTIES. YOU UNDERSTAND THAT NO FILTER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE NO FILTER PROPERTIES. NO FILTER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE NO FILTER PROPERTIES.  YOU AGREE TO TAKE AT LEAST REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE NO FILTER PROPERTIES.

  1. NO FILTER MAKES NO WARRANTY THAT ANY SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  NO FILTER MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE NO FILTER PROPERTIES.
  2. WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES AMONG USERS THROUGH VARIOUS PROGRAMS, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF TRANSACTIONS, THE TRUTH OR ACCURACY OF USERS’ CONTENT, THE ABILITY OF VIEWERS TO INITIATE TRANSACTIONS, THE ABILITY OF HOSTS TO ACCEPT TRANSACTIONS, OR THAT A HOST WILL ACTUALLY HONOR A DEAL.



13. Limitation of Liability.


13.1  Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY OF THE NO FILTER PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE NO FILTER PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT NO FILTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE NO FILTER PROPERTIES OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE NO FILTER PROPERTIES; (2) ANY DEALS OFFERED THROUGH THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE NO FILTER PROPERTIES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NO FILTER PROPERTIES; OR (6) ANY OTHER MATTER RELATED TO THE NO FILTER PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.


13.2  Cap on Liability.  UNDER NO CIRCUMSTANCES WILL ANY OF THE NO FILTER PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY NO FILTER AS A RESULT OF YOUR USE OF THE NO FILTER PROPERTIES IN THE SIX MONTHS PRECEDING THE DATE ON WHICH YOU FIRST ASSERT YOUR CLAIM.  IF YOU HAVE NOT PAID NO FILTER ANY AMOUNTS IN THE SIX MONTHS PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, NO FILTER’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50). 


13.3  Exclusion of Damages.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


13.4  User Content.  NO FILTER PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.


13.5  Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NO FILTER AND YOU. 



14. Procedure for Making Claims of Copyright Infringement. 


It is No Filter’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to No Filter by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the No Filter Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the No Filter Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for No Filter’s DMCA Agent for notice of claims of copyright infringement is as follows: No Filter, Inc., Attn: Copyright Agent at support@nofilter.net. 



15. Termination or Suspension of Services by No Filter.


No Filter may terminate or suspend your right to use the No Filter Properties at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.  We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue our Services.  Without limitation, No Filter may terminate or suspend your right to use the No Filter Properties if you breach any provision of the Terms or any policy of No Filter posted through the No Filter Properties from time to time; if No Filter otherwise finds that you have engaged in inappropriate and/or offensive behavior; if No Filter believes you acts or omissions may give rise to liability; if No Filter believes such action will improve the security of our community or reduce another User’s exposure to liabilities; if No Filter believes you are infringing the rights of third parties; or if No Filter is unable to verify or authenticate any information you provide.  In addition to terminating or suspending your Account, No Filter reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.  Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you.


15.1  Termination of Services by You.  If you want to terminate the Services provided by No Filter, you may do so by closing your Account for all of the Services that you use. 


15.2  Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  (Notwithstanding the foregoing, No Filter shall have the right, in its sole and absolute discretion, to maintain Your Content and continue to use Your Content in accordance with the Terms following any such termination.)  Please note that we may be required to keep such information and not delete it (or to keep this information for a certain time).  When we delete any information, it will be deleted from the active database, but may remain in our archives.  We may also retain your information for fraud detection or similar purposes. No Filter will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.



16. Remedies.


16.1 Violations.  If No Filter becomes aware of any possible violations by you of the Terms, No Filter reserves the right to investigate such violations.  If, as a result of the investigation, No Filter believes that criminal activity has occurred, No Filter reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  No Filter is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the No Filter Properties, including Your Content, (1) to comply with applicable laws, legal process or governmental request; (2) to enforce the Terms; (3) to respond to any claims that Your Content violates the rights of third parties; (4) to respond to your requests for customer service; (5) to protect the rights, property or personal safety of No Filter, its Users or the public; or (6) in connection with all enforcement actions or investigations or other government officials, as No Filter in its sole discretion believes to be necessary or appropriate.


16.2  Breach.  In the event that No Filter determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the No Filter Properties, No Filter reserves the right to:

  1. Warn you via e-mail (to any e-mail address you have provided to No Filter) that you have violated the Terms;
  2. Delete any of Your Content provided by you or your agent(s) to the No Filter Properties;
  3. Discontinue your registration(s) with any of the No Filter Properties, including the Services;
  4. Notify and/or send Content to, and/or fully cooperate with, the proper law enforcement authorities for further action; and/or
  5. Pursue any other action which No Filter deems to be appropriate.


16.3  No Subsequent Registration.  If your registration(s) with or ability to access the No Filter Properties is discontinued by No Filter due to your violation of any portion of the Terms or for any other inappropriate conduct, as determined by No Filter in its sole discretion, then you agree that you shall not attempt to re-register with or access the No Filter Properties through use of a different member name or otherwise.  In the event that you violate the immediately preceding sentence, No Filter reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.



17. International Users.  


The Website and the Application can be accessed from countries around the world and may contain references to No Filter Properties and Content that are not available in your country. These references do not imply that No Filter intends to announce such No Filter Properties or Content in your country. The No Filter Properties are controlled and offered by No Filter from its facilities in the United States of America. No Filter makes no representations that the No Filter Properties are appropriate or available for use in other locations. Those who access or use the No Filter Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.



18. Arbitration Agreement.


Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with No Filter and limits the manner in which you can seek relief from us.


18.1  Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with No Filter, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or No Filter may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms of Use or any prior version of these Terms of Use.  


18.2  Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: National Registered Agents, Inc., 1209 Orange Street, Wilmington, Delaware 19801.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.  Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, No Filter will pay them for you.  In addition, No Filter will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. 


You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 


18.3  Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.  The arbitrator will decide the rights and liabilities, if any, of you and No Filter.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us. 


18.4  Waiver of Jury Trial.  YOU AND NO FILTER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and No Filter are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 18.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.  


18.5  Waiver of Class or Other Non-Individualized Relief.  ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California.  All other disputes, claims, or requests for relief shall be arbitrated. 


18.6  30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@nofilter.net  within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your No Filter username (if any), the email address you used to set up your No Filter account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.


18.7  Severability. Except as provided in Section 18.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.


18.8  Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with No Filter.


18.9  Modification.  Notwithstanding any provision in these Terms of Use to the contrary, we agree that if No Filter makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing No Filter, Inc at support@nofilter.net. 



19. General Provisions.


19.1  Electronic Communications.  The communications between you and No Filter use electronic means, whether you visit the No Filter Properties or send No Filter e-mails, or whether No Filter posts notices on the No Filter Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from No Filter in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that No Filter provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.


19.2  Release.  You hereby release the No Filter Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the No Filter Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites or services of any kind arising in connection with or as a result of the Terms or your use of the No Filter Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.”


19.3  Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without No Filter’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.


19.4  Force Majeure.  No Filter shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, epidemics, pandemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.


19.5  Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the No Filter Properties, please contact us at support@nofilter.net. 


19.6  Governing Law.  The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. 


19.7  Notice.  Where No Filter requires that you provide an e-mail address, you are responsible for providing No Filter with your most current e-mail address.  In the event that the last e-mail address you provided to No Filter is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, No Filter’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to No Filter, Inc at support@nofilter.net. 


19.8  Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.


19.9  Severability.  If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.


19.10  Export Control.  You may not use, export, import, or transfer the No Filter Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the No Filter Properties, and any other applicable laws.  In particular, but without limitation, the No Filter Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the No Filter Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the No Filter Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by No Filter are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer No Filter products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.


19.11  Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.


19.12  Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter thereof and supersede and merge all prior discussions between the parties with respect to such subject matter.




Share by: