Terms of service

1. SERVICE DESCRIPTION

   First Time Media Inc. (together with its representatives, officers, and directors, “Firsties,” “we,” “us,” or “our”) is the developer and publisher of the Firsties mobile application(s) and the Firsties website. The Services (defined below) that Firsties offers allow its users to capture, upload, organize, search, comment, like, store, and share media in the form of photos, videos, audio bites, and text notes. In addition, the Services provide its users with applications that allow them to create products with their media, including, without limitation, customized videos and print photo albums. You are solely responsible for obtaining the equipment and telecommunications services needed to access the Services, and all the fees associated with their ongoing usage (such as Internet service provider and data charges) If you purchase a paid Subscription (defined below) it will be automatically renewed and will continue on a recurring, continuous basis for additional periods of the same duration as your initial Subscription Term (defined below) at the then-current fees for such paid Subscription unless and until you cancel your Subscription in accordance with the “Cancellation” subsection of these Terms below, (unless you have upgraded or downgraded your Subscription during the Subscription Term, in which case your Subscription will be automatically renewed under the same terms and conditions as such upgraded or downgraded plan (as applicable), rather than your initial plan).
2. INTRODUCTION

   These Terms of Service (“Terms of Service,” “Terms,” or “ToS”) govern the relationship between you and Firsties regarding your access to and use of the Firsties mobile application(s) (individually and collectively, the “Firsties App”), Firsties website, content, and any related services (collectively, the or our “Services”, as further defined in Section 4). When you use or access our Services in any capacity, you represent that you are at least 13 years old (or at least 16, if you reside in the EU) and that you understand and agree to these Terms. If you are under the age of 18, you agree that you have gotten permission from your parent or guardian to use our Services. Our collection and use of personal information in connection with the Services is described in our Firsties Privacy Policy. We may amend these Terms by posting an amended version on our website or in the supplemental terms of the applicable Services and the amended version will be effective immediately when posted. By continuing to access or use our Services after we post an amended version, you confirm your agreement to these Terms, as amended. If you do not agree with any of the changes, you must immediately stop accessing our Services and your license to use our Services will immediately terminate. You hereby represent and warrant to Firsties that: (i) you have the legal right and authority to enter into these Terms; (ii) these Terms form a binding legal obligation on your behalf; and (iii) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms. These Terms are a legally binding agreement, and you should read them carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any or all of these Terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.
3. LIMITED LICENSE

   Limited License. Subject to your agreement and your continued compliance with these Terms, during the term of these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations below) to: (i) to download and install the Firsties App on your mobile device and operate the Firsties App solely for the purpose of using and accessing the Services as intended, and (ii) access and use our Services for your own personal (i.e., non-commercial) purposes. You agree not to use our Services for any other purpose. You also agree to comply with all applicable laws when accessing or using the Services. Any use of the Services in violation of the license restrictions contained in this Section 3 is strictly prohibited. We reserve the right to determine whether one’s conduct violates these Terms, and to take any action we deem appropriate in accordance with these Terms, including, but not limited to, removing objectionable content and/or suspending or terminating access to the Services or any portion thereof. Restrictions. You specifically agree to the following license restrictions in connection with the Services:

   • If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from your parent or legal guardian. You may not use our Services in any capacity under the age of consent (or under 16 years old if you reside in the EU).
   • If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services.
   • You are prohibited from creating an Account (defined below) on someone else’s behalf.
   • You are prohibited from creating an Account using inaccurate or false information.
   • You are prohibited from renting, selling, gifting, or giving away your Account or Account-related information (including, without limitation, your Login Information (defined below)).
   • You are prohibited from selling or transferring prizes or rewards obtained in connection with the Services to any other person or entity.

   You further agree that under no circumstance will you:

   • Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms.
   • Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including, without limitation, Accounts of others) or related technology, devices, systems, or networks.
   • Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means (e.g., by posting links to such content).
   • Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person or group or an employee or contractor of ours, or engage in any acts in violation of other publicly posted Firsties policies (e.g., forum rules).
   • Use our Services to post, supply, or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.
   • Use our Services to post, display, or transmit any person’s or entity’s private information, including, without limitation, personally identifiable and/or financial information without that person’s or entity’s prior consent.
   • Copy or reproduce (except as expressly permitted in these Terms), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.
   • Scrape, harvest, or extract data, content, or information from the Services, including, without limitation, by using automated agents or scripts to collect information from or otherwise interact with the Services.
   • Seek to obtain advantage or information from our Services using methods not expressly permitted by Firsties.
   • Engage in solicitation or attempted solicitation of personal information from other users of our Services.
   • Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including, but not limited to, denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.
   • Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods, or any unauthorized third-party code or software that can be used to interfere with, alter, or modify our Services, or that can be used in conjunction with our Services.
   • Impersonate another person, including, without limitation, any other user or any Firsties employee.
   • Use our Services to violate any applicable law or regulation.
   • Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.

   Access or Use of the Services Associated With Your Account. When you access or use the Services, you create an account with us (“Account”). In some cases, you may be asked to create a username and password (collectively known as “Login Information”). You are responsible for all use of the Services and activity related to your Account, including, without limitation, all transactions and payments associated with that Account (which may include, but are not limited to, the use of your credit card and other payment systems such as the applicable app store’s payment systems). You agree to maintain accurate, complete, and up-to-date information in your Account, and our Privacy Policy describes how you can keep your personal information up-to-date. It is your sole responsibility to maintain the confidentiality, completeness, and accuracy of your Login Information. You agree not to engage in any acts that may compromise the integrity, fair play, and/or security of your Account, including, but not limited to, sharing Login Information or permitting unauthorized access, loss, or theft. If you learn or suspect that your Account has been compromised, please contact us immediately. We also urge you to modify your Login Information to prevent further damage. We will not be responsible to you for any losses or harm you may suffer as a result of an unauthorized person accessing your Account and/or using your Login Information in connection with our Services. You are solely responsible for your interactions with other users of our Services and any other parties with whom you interact through the Services. We reserve the right, but have no obligation, to become involved with any disputes related to those interactions. You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, by granting us access to any password-protected portions of your Account as may be required. If you have a dispute with any other user(s), you hereby release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to such disputes. We reserve the right to reclaim and/or remove any usernames at our discretion at any time, for any reason. You may have only one Account on a properly supported device. Suspension and Termination of Account and Services. Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, benefits, Virtual Items (defined below), in-app purchases, or other losses. We are not and will not be held responsible for loss of any Account, information, media content, Virtual Items, in-app purchases, or other losses incurred, and are under no obligation to compensate you therefor. We reserve the right to modify the Services (including, without limitation, by removing features or functionality) or stop offering and/or supporting our Services or any portion thereof at any time for any reason. If we stop offering the Services, your license to access or use the applicable Services will automatically terminate and you will have 30 days to access User Content (defined below) that you may have uploaded in order to download the User Content. We reserve the right to terminate any free Account that has been inactive for 90 or more consecutive days. We are not required to notify you in advance of these actions, or to provide you with any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services or losses resulting therefrom. These Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform Firsties that you wish to close your Account by emailing [email protected] and requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account (including, without limitation, your media and any Virtual Items associated with your Account). Upon termination or expiration of these Terms for any reason: (1) all rights and licenses granted to you under these Terms will terminate; (2) you will immediately cease all use of and access to the Services; (3) you will immediately delete the Firsties App you have downloaded or installed prior to termination or expiration; and (4) Firsties will provide you with 30 days from the effective date of termination or expiration to access your Account to download your User Content, after which period, Firsties may, in its sole discretion, delete your Account and any of your User Content (including, without limitation, any album and any URL therefor) held by Firsties. All terms which by their nature should survive termination or expiration shall survive termination or expiration of these Terms, including, without limitation, Section 4 (Ownership), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability and Indemnification), and Section 13 (Dispute Resolution and Governing Law).

4. OWNERSHIP

   Firsties’s Rights. The Services and all related intellectual property rights and other rights, title, and interest therein are and shall remain the property of Firsties. The “Services” include, without limitation, the Firsties App, software (including, without limitation, server software), the Firsties website, titles, characters, character names, animations, art, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, and Virtual Items appearing and/or originating in our Services, whether provided, earned, or purchased. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted above; or (ii) to use or reference Firsties company name(s), logos, product or service names, or marks. Firsties reserves all rights not expressly granted under these Terms. You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of Firsties.
5. USER CONTENT

   Your Rights and Ownership. We offer you and other users you may grant permission to through the Services, the ability to upload, publish, transmit, or otherwise make available to us photos, videos, audio recordings, materials, data, information, content, and communications, using the Services (“User Content”). Your User Content is your property and you retain all rights to User Content, subject to the limited rights you grant Firsties in this Agreement. You retain full copyright and any other rights you already hold in User Content which you upload, submit, publish, post, store, transmit, or display on or through the Services, as well as modifications to such User Content or derivatives thereof. Other than the limited license and other rights you grant in these Terms of Service, Firsties agrees and confirms that it obtains no right, title, or interest from you under these Terms of Service in or to any User Content that you upload, submit, publish, post, store, transmit, or display on or through the Services, including any intellectual property rights which subsist in such User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that Firsties has no obligation to do so on your behalf. For the purpose of sharing User Content with people you choose to receive your User Content (“Recipient”) (the “Purpose”), You grant Firsties and its Third-Party Providers (defined below) a non-exclusive, royalty-free, and fully sublicensable (to its Third-Party Providers) right to use, copy, store, reproduce, distribute, and display (“Use”) your User Content throughout the world in any form software, or technology of any kind for the Purpose. You understand that Recipients can view, share, and download, your User Content. Firsties will not publish or display your User Content outside of your Recipients. As a user, you are personally and solely responsible for all of your User Content. You assume all risks associated with use of your User Content, including, without limitation, any reliance on its accuracy, completeness, or usefulness by other users, or any disclosure of your User Content that makes you or any third party personally identifiable. Do not use the Services to share or post information you wish to remain confidential. You represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or rights of others, that you have the appropriate permissions, consents, and rights from any third parties whose information or intellectual property is comprised in your User Content, and that your User Content is free of malware, viruses, adware, spyware, and any malicious code. You agree not to upload and/or transmit any User Content that is unlawful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate. We do not assume any liability or responsibility for any user behavior or for monitoring User Content or conduct in connection with the Services. We may, but we are not obligated to, review, monitor, reject, deny, or remove User Content, at our sole discretion, at any time, and for any reason, without notice to you. User Content may be processed by us in accordance with our Privacy Policy, which is found here Firsties Privacy Policy. Please contact us if you have questions regarding your User Content or Account by emailing us at [email protected]
6. SERVICE PROVIDERS

   Firsties may provide you with the ability to access through the Services certain websites, technology, products, or services developed, provided, or maintained by third-party service providers (together with any information, data, materials, and content available thereon or therethrough, “Third-Party Services”). Third-Party Services may integrate with, pull User Content from, or add User Content to the Services. Any Third-Party Services made accessible by Firsties on or through the Services are provided on an “as-is” and “as available” basis without any warranty of any kind. You acknowledge that: Firsties does not own, control, or endorse any Third-Party Services; Third-Party Services are provided solely as a convenience to you; Third-Party Services are not part of the Services or subject to any of the warranties, service commitments, or other obligations with respect to the Services under these Terms; and Third-Party Services may be subject to their own terms and conditions (including, without limitation, the Terms of Sale (defined below)). Firsties shall not have any liability or responsibility to you or any third party for any Third-Party Services and Firsties disclaims all liabilities arising from or related to Third-Party Services. Any use or acquisition of any Third-Party Services by you, and any exchange of data between any Third-Party Services and you, is solely between you and the applicable third-party owner, author, or provider of such Third-Party Services (“Third-Party Provider”). Access to and use of any Third-Party Services is entirely at your own risk and is solely determined by the relevant Third-Party Provider. Firsties may disable or restrict access to any Third-Party Services at any time without notice. Firsties is not liable for any User Content provided to a third party via any Third-Party Services. Third-Party Providers do not store your User Content and only use it to provide the requested services. In addition to these Terms, your purchase of any Third-Party Services is governed by the terms displayed in connection with each Third-Party Service and any additional terms provided to you in connection with your purchase of the Third-Party Services (the “Terms of Sale”). By placing an order for Third-Party Services, you agree to be bound by the Terms of Sale with respect to that order and all Third-Party Services included in that order. If these Terms conflicts with the Terms of Sale, the Terms of Sale will govern and control with respect to the Third-Party Services provided to you under that order. One of the Third-Party Services accessible through the Services (e.g., Firsties uses inside the Firsties App) is a service that automatically compiles animated personalized videos using the User Content uploaded by you. This Third-Party Service is available for an additional fee. Users can select to pay for making a personalized video including such user’s User Content using pre-defined templates in that Third-Party Service. Firsties may, in its own discretion, make one or more surprise videos with this Third-Party Service using your User Content (each a “Surprise Video”) and provide you with any such Surprise Video at no cost to you. You acknowledge that by uploading User Content to the Services, you accept and agree that from time to time, you may receive Surprise Videos. You are allowed to use and share Surprise Videos in your discretion.
7. VIRTUAL ITEMS AND PURCHASE TERMS

   Any time you purchase virtual currency (including, but not limited to, gems or other in-app premium currency), virtual in-app items, and any other premium goods or services in connection with our Services (collectively, “Virtual Items”) with real currency (i.e., real world money) Firsties grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use such Virtual Items. Virtual Items (i) do not represent a property interest of any kind (but to the extent they do, they are owned by Firsties) and (ii) have no value in real currency and do not act as a substitute for real currency. Firsties reserves the right to change the purchase price for Virtual Items at any time. Virtual Items are not returnable, exchangeable, or refundable, either for real currency or for real goods or services. Notwithstanding the fact the Virtual Items may be purchased for real currency, there is no method by which any Virtual Items can be cashed out by any person or entity (including, without limitation, you, any other user, or any other third party). Firsties may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice to you. Firsties will have no liability to you or any third party in the event that Firsties exercises any such rights. The sale or transfer of Virtual Items is prohibited except where expressly authorized in our Services. Other than as expressly authorized in our Services, you may not sell, redeem, or otherwise transfer Virtual Items to any person or entity, including, but not limited to, Firsties, another user, or any other third party. We may also from time to time provide certain users with offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or payments charged to your Account. You acknowledge and agree that we are under no obligation to provide you with a refund for any items of value or otherwise (including, without limitation, Virtual Items) that are in your Account, for any reason, including, but not limited to, termination of your Account or when closing your Account, whether such actions are voluntary or involuntary.
8. STORAGE

   As part of our basic plan for the Services, we offer up to 1GB of free storage. You are invited to upload your User Content to our storage via the Services. UNDER OUR BASIC (NO-COST) PLAN, UP TO 1GB OF YOUR USER CONTENT WILL BE STORED FOR A PERIOD OF 90 DAYS FROM THE LAST DATE THAT EITHER (I) YOU LOGGED INTO YOUR ACCOUNT, OR (II) ONE OF YOUR INVITEES ACCESSES OR VIEWS YOUR USER CONTENT IN YOUR ACCOUNT (EACH, AN, “ACTIVITY”). IF THERE HAS BEEN NO ACTIVITY WITH YOUR ACCOUNT OR USER CONTENT FOR 90 CONSECUTIVE DAYS, WE WILL DELETE ALL CONTENT (including, without limitation, your User Content) PROMPTLY AFTER THE EXPIRATION OF SUCH 90-DAY PERIOD. Under the basic plan, you will be able to prevent such User Content deletion of yours by logging in into your Account at least every 89 days. As part of our premium plan for the Services, we offer 200GB of storage. If at any point, you are using more storage space than permitted by the plan you are signed up for (e.g., basic or premium), for example, as a result of canceling your premium Subscription and returning to the basic (no-cost) plan, you will have 14 days to take action to preserve your User Content by backing it up outside of the Services, or by deleting enough of your User Content so that you are within the permitted storage space limit. If you continue to use more storage than permitted after that 14-day period, we may delete as much of your User Content (starting with your oldest User Content) as is necessary to reduce your storage capacity to the predefined basic plan storage allowance. Firsties will use best efforts to notify you prior to such deletion by contacting you via email and within a pop-up message inside the Firsties App or elsewhere on the Services so that you can take immediate action to increase your storage capacity or alternatively to download and backup all your User Content prior to its deletion. Once User Content is deleted, it cannot be recovered.
9. TERM AND SUBSCRIPTION

   Certain parts of the Services may be subject to payments now and in the future (the “Subscription Services”). Please see our FAQ at www.firsties.com/faq for a description of the current Subscription Services. If you choose to upgrade your free basic plan to the Subscription Services, you will be required to choose one of the subscription plans to subscribe to (each, a “Subscription Plan” or “Subscription”). For the avoidance of doubt, the Subscription Services include, without limitation, all Subscriptions. We currently offer two paid Subscription Plans: (i) a monthly recurring subscription, and (ii) an annual recurring subscription. To sign up for a paid Subscription, you must visit the applicable app store to subscribe and pay. If you choose to cancel your paid Subscription you will need to do it via the applicable app store. Firsties makes no guarantee that it will continue providing any of the specific services listed on its FAQ or on its in-app payment screen throughout the term of your Subscription. It is possible that certain items from the Subscription Services will become free features, or that they will be removed from the Services entirely. We may also add new items to the Subscription Services throughout your Subscription Term (defined below). Please note that any payment terms presented to you in the process of using or signing up for any Subscription Services are deemed part of these Terms. In our continued assessment of the Subscription Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including, without limitation, promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that Firsties may do so in Firsties’ sole discretion at any time without notice. You also agree that Firsties will not be liable to you for any modification, suspension, or discontinuance of the Services; although, if you subscribe to the Subscription Services and Firsties suspends or discontinues your Subscription to the Subscription Services, Firsties may, in its sole discretion, provide you with a credit, refund, discount, or other form of consideration (for example, we may credit additional days of service to your account). However, if Firsties terminates your Account or suspends or discontinues your access to Subscription Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount, or other consideration. Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will additionally be subject to Apple’s applicable payment policy, which also may not provide for refunds. As noted above, Firsties currently offers monthly and annual Subscription options. For the purposes of those Subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days, in each case so long as those Services remain available. Our monthly Subscriptions are paid in monthly installments. Our annual Subscriptions are paid in annual upfront installments. If you have specified or otherwise provided a credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism under these Terms (each, your “Payment Method”), you hereby grant the right to and authorize Firsties (or a company chosen to act on behalf of Firsties) to charge your Payment Method (a) for all fees incurred under these Terms, and (b) in connection with any purchase or other transaction made through your Account or otherwise made by you through the Services, and you agree to honor all charges incurred in connection with any such transaction. All fees will be non-refundable once paid to Firsties (or the company chosen to act on behalf of Firsties), including, without limitation, upon any termination, expiration, or suspension of these Terms. A paid Subscription will continue for the length of your selected paid Subscription (each, a “Subscription Term”). To the extent permitted by applicable law, after your initial Subscription Term, and again after any subsequent renewal Subscription Term, your Subscription will be automatically renewed on the first day following the end of such Subscription Term (each, a “Renewal Date”), and will continue for an additional Subscription Term of equivalent duration, under the same terms and conditions (unless you have upgraded or downgraded your Subscription Plan during the Subscription Term, in which case your Subscription will be automatically renewed under the same terms and conditions as such upgraded or downgraded plan (as applicable), rather than your initial plan), and at Firsties’ then-current price for such Subscription Plan, unless and until or cancel your Subscription in accordance with, and subject to, the cancellation terms set forth below. The monthly renewal Subscription fees will continue to be billed to the Payment Method, automatically until cancelled. You must cancel your Subscription before it renews each month or year, as the case may be, in order to avoid billing of the next month's or year’s (as applicable) Subscription fee to your Payment Method. Refunds cannot be claimed for any partial-month or partial-year (as applicable) Subscription period. Our annual Subscriptions are paid for by an upfront one-time payment and our monthly Subscriptions are paid for upfront on a monthly basis, with automatic monthly and annual renewals, respectively. You acknowledge and agree that Firsties (or a company chosen to act on behalf of Firsties) is authorized to charge your Payment Method used for the initial paid Subscription fee at the rate secured at the time of purchase. This includes, but is not limited to, discounted rates secured with a promotional offer. You must cancel your Subscription before the Renewal Date in order to avoid billing of the renewal Subscription fee to your Payment Method. Refunds cannot be claimed for any partial Subscription Term. You agree to promptly notify Firsties of any changes to your Payment Method while any Subscriptions remain in effect. You are responsible for all applicable fees and charges incurred, including, without limitation, applicable taxes, and all Subscriptions purchased by you. Firsties uses a third-party payment processor (the “Payment Processor”) to link your Payment Method to the Services. The processing of payments or credits (including, without limitation, your Payment Method), as applicable, in connection with your use of the Subscription Services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your Payment Method provided (e.g., your credit card issuer) in addition to these Terms. Firsties is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Firsties will obtain certain transaction details, which Firsties will use solely in accordance with its Privacy Policy. Our obligation to provide the Subscription Services only comes into being when we take receipt of your order for such Subscription Services. You agree not to hold us responsible for banking charges incurred due to payments on your Account. If payment is not received by us (or a company chosen to act on behalf of Firsties) from your Payment Method, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any parts of the Services for commercial purposes. Changes in Fees. We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you by email at least 30 calendar days in advance of any such change if the change will affect the amount you are charged for the Services. If you do not agree to the change, you may cancel your Account or Subscription as described below. Cancellations. You may delete your free Account at any time in the Firsties App. You may cancel a monthly or annual paid Subscription at any time via the app store in which you obtained the Firsties App. Cancellation is effective at the end of the applicable monthly period for monthly Subscriptions, or the applicable annual period for annual Subscriptions. Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you must cancel automatic renewal of paid in-app Subscriptions by selecting “Manage App Subscriptions” in your iTunes/Apple account settings and selecting the Subscription you want to modify.
10. UPDATES TO OUR SERVICES

    You understand that our Services are developing and evolving ones. Firsties may require that you accept updates to our Services.
11. DISCLAIMER OF WARRANTIES

    The Services are provided on an “as is” and “as available” basis for your use, with no warranties of any kind. FIRSTIES AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, whether express, implied or statutory, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. firsties does not warrant: that you will be able to access or use our ServiceS at the times or locations of your choosing; that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.
12. LIMITATION OF LIABILITY AND INDEMNIFICATION

    Limitation of Liability. firsties will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive, or other similar damages, including, but not limited to, loss of revenues, lost profits, lost data or business interruption, or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort, or any other legal theory, and whether or not Firsties has been advised of the possibility of such damages. Firsties will not be liable to you for more than the greater of (I) $100, and (II) the amount you have paid to Firsties in accordance with these Terms in the six (6) months immediately preceding the date on which you first assert a claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Firsties may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Firsties’ liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Firsties. This provision shall have no effect on the choice of law provision set forth below. Indemnification. You agree to indemnify, save, and hold Firsties, its officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including, without limitation, legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith (including, without limitation, Third-Party Services); (ii) any breach or violation of these Terms; (iii) your User Content; or (iv) any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any expiration or termination of your Account or of our Services.
13. DISPUTE RESOLUTION AND GOVERNING LAW

    Governing Law. The laws of the State of Florida govern these Terms and any matters related to these Terms, including, without limitation, the interpretation, construction, and enforcement of these Terms, without regard to any conflicts of laws principles that would require the application of the laws of a different jurisdiction. Informal Dispute Resolution. If a dispute arises between you and us, we prefer amicable resolution to protracted legal battles. To that end, we have created an informal dispute resolution program we believe can resolve most matters. Before initiating any arbitration or court proceeding, you must first exhaust these following steps to resolution: 1. CHECK THE FAQ: You can start your resolution process by reviewing our “Help/FAQ” section inside the Firsties App or other FAQ elsewhere on the Services. The “Help/FAQ” section and other such FAQ address the most commonly asked questions or concerns users may have, so please start there. 2. CUSTOMER SUPPORT: If you’ve not found an answer in such FAQs, please email us at [email protected] and describe the specific issue you believe is unresolved. Our customer support team will work with you further to resolve your issue. In some cases, we may address the issue remotely. In others, we may ask to speak with you directly and will arrange a mutual time to discuss your issue. If you provide us with your phone number for this purpose, it will not be used for other purposes without your consent. Venue. Any party bringing a legal action or proceeding against the other party arising out of or relating to these Terms, including, without limitation, to interpret or enforce any provision of these Terms, shall bring the legal action or proceeding only in the state or federal courts located in Miami, Florida. Each party consents and submits to the exclusive jurisdiction and venue of those courts for the purpose of all legal actions and proceedings arising out of or relating to these Terms. Each party irrevocably waives (i) any objection that party may have to the venue of any such proceeding or legal action brought in those courts, and (ii) any defense of inconvenient forum for the maintenance of a proceeding or legal action brought in those courts.
14. GENERAL PROVISIONS

    Severability. You and Firsties agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of the law. Independent Contractors. The parties hereto are independent parties, not agents, employees, or employers of the other, or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. App Store. The Firsties App may be obtained through a third-party distribution platform (e.g., Google Play Store or Apple’s App Store) (each, an “App Store”) and is to be used solely on a mobile device owned or controlled by you that operates such third party’s operating system (e.g., iOS or Android). You agree to comply with all applicable third-party terms of the applicable App Store (the “Usage Rules”) when using the Firsties App. To the extent these Terms provides for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. These Terms incorporate by reference the terms of the Addendum to these Terms and any other terms available at the respective App Store from which you have obtained the Firsties App. You agree that these Terms are between you and Firsties, and not with the App Store. The App Store is not responsible for the Firsties App, any maintenance and support services or any warranty thereof, or addressing any claims related thereto. You agree to pay all fees charged by the applicable App Store in connection with the Firsties App (if any). The Firsties App may also be subject to additional terms and conditions and privacy policies, and Firsties is not a party to nor responsible for those additional terms. Assignment. Firsties may assign or delegate these Terms and its obligations and rights contained in these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate these Terms or any of the rights or obligations you have under these Terms unless you obtain Firsties’ prior written approval. Any such assignment and/or delegation without Firsties’s prior written approval is ineffective and in violation of these Terms. Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under U.S. copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright, you or your agent can send us a notice requesting that the material be removed or access to it blocked. If you believe your copyright-protected work has been posted on the Services in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA agent with a notice containing the following information:

    • Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material, title, author, any registration or tracking number);
    • Your name, address, telephone number, and, if available, email address;
    • A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
    • A written statement, under penalty of perjury, 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 alleged to be infringed;
    • Your physical or electronic signature.

    If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA agent. Please include the following details:

    • Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;
    • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
    • Your name, address, telephone number, and, if available, email address;
    • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the U.S., for any judicial district in which Firsties may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above;
    • Your physical or electronic signature.

    DMCA notices must meet current statutory requirements imposed by the DMCA. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement). Firsties’s DMCA agent should be contacted only for the purposes set forth in this Section. Supplemental Terms. Supplemental terms may apply to certain Services, such as forums, contests, or loyalty programs (including, without limitation, Subscriptions or premium experiences). Supplemental terms will be disclosed to you in connection with the applicable Services. Those supplemental terms are in addition to and shall be deemed a part of these Terms for purposes of the applicable Services, and your right to use such features is subject to those supplemental terms. Entire Agreement. These Terms, including any additional policies and documents referenced in this agreement (except to the extent expressly provided otherwise in these Terms), are the entire agreement between you and Firsties. These Terms supersede all prior understandings between you and Firsties, regardless of the medium (oral, written, electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated. No Waiver. Any failure of Firsties to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing. The express waiver by Firsties of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Firsties will be deemed a modification of these Terms or legally binding, unless documented in a physical writing, hand signed by both you and a duly appointed officer of Firsties. Notices. We may give notice to you via: (i) postings on the Services; (ii) email, telephone, or text message to any email address or phone number connected with your Account; and (iii) written communication sent by mail to any address connected with your Account. All notices given by you or required from you under these Terms, or to be sent to Firsties’ DMCA agent pursuant to the “Claims of Copyright Infringement” Section above, must be in writing and addressed to: First Time Media Inc. Attn: Legal – Terms of Service Büro Coconut Grove, 2980 McFarlane Road, Miami, FL, 33133 [email protected] Any notices that you provide not in compliance with this subsection will have no legal effect.