MyCommunity.App Terms of Service
Last Modified: October 11, 2021
Acceptance of the Terms of Service This Web site or mobile application (referred to herein as the “Site” for ease of reference) is owned and operated by MyCommunity.App LLC, an Arizona limited liability company or its subsidiaries or affiliates, collectively “we,” “us,” or “MyCommunity.App.” Accessing the Site in any manner constitutes use of the Site, and therefore your agreement to be bound by these Terms of Service. By using the Site, whether as a guest or a registered user, you agree to access and use the Site in accordance with these Terms of Service, our Privacy Policy [https://myaffinity.app/
Changes to the Terms of Service We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
Intellectual Property Rights The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned or licensed by MyCommunity.App, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Site for your personal, non-commercial use only. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site.
By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are 18 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide, including the right to exploit any proprietary rights in any such material. You also grant us the right to identify you as the author of any of your writings or submissions by any identifier in our possession, as we deem appropriate.
While we’re not required to do so, we may monitor, access, review, screen, and delete your content at any time and for any reason, including to provide and develop additional services on the Site or if we think your content violates these Terms of Service. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Site.
Trademarks The MyCommunity.App name, the MyAffinity name, the Affinity name, the terms MyCommunity.App and the MyAffinity logo, the MyCommunity.App logo, the Affinity logo and all related names, logos, product and service names, designs, and slogans are trademarks of MyCommunity.App or its licensees, affiliates or licensors. You must not use such marks without the prior written permission of MyCommunity.App. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
User Contributions and Content Standards The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy [https://myaffinity.app/
Although MyCommunity.App cannot monitor all content on the Site’s community and social media sites, or postings in the chat rooms, forums, and other public posting areas, you understand that MyCommunity.App shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Service and any other operating rules that may be established by MyCommunity.App from time to time. MyCommunity.App shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material submitted to or posted on the Site for any reason, including violation of these Terms of Service, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their material. You acknowledge and agree that neither MyCommunity.App nor any of its affiliates shall assume or have any liability for any action or inaction by MyCommunity.App with respect to any conduct within the Site.
MYCOMMUNITY.APP HAS A ZERO TOLERANCE POLICY FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS. USERS THAT POST OBJECTIONABLE CONTENT OR DISPLAY ABUSIVE BEHAVIOR TO OTHER USERS ARE SUBJECT TO REMOVAL FROM THIS PLATFORM.
Your Account, Registration and Passwords To access certain features of the Site, we may ask you to provide personally identifiable information such as your name, e-mail address, physical address, and date of birth. You will provide true and accurate information about yourself for any registration form located on the Site. If we suspect that information you provide is untrue, we may suspend or terminate your account. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy[https://myaffinity.app/
You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) seek to impersonate another person; (ii) seek to use a username or e-mail address belonging to another person without authorization; or (iii) use a username that we deem inappropriate or offensive. You must maintain the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
Account suspension or termination If we determine that you have clearly, seriously, or repeatedly breached our Terms of Service or Privacy Policy, including in particular our Content Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Specifically, we have the right to: • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for MyCommunity.App. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS MYCOMMUNITY.APP AND ITS AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Third Party Content, Products and Services and Devices Certain sections of the Site may communicate with third-party devices or provide links to Web sites of third parties, where you may be able to purchase many different types of products and services provided by third parties. We are not responsible for the quality, accuracy, safety, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to or referenced on the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply to you, visit that merchant’s Web site and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Third Party Devices The Site includes communication with and control of third-party products and devices that MyCommunity.App does not manufacture or develop (including, but not limited to, “smart” thermostats, power outlets and door locks). MyCommunity.App may automatically update the firmware for certain devices on behalf of the applicable manufacturer. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your use of the Site in connection with third-party products or manufacturer-provided firmware.
Wellness and Fitness Content The Site offers health, wellness, recipe, and fitness content and is designed for educational and entertainment purposes only. You should consult your physician or general practitioner before beginning any new diet, fitness activity or program. You should not rely on the information on the Site as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner, or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have viewed or heard on the Site. The use of information provided through the Site is solely at your own risk and is not medical or healthcare advice.
Reliance on Information Posted This Site includes content provided by third parties. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MyCommunity.App, are solely the opinions and the responsibility of the person or entity providing those materials.
Changes to the Site We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site All information we collect on this Site is subject to our Privacy Policy [https://myaffinity.app/
Geographic Restrictions The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MYCOMMUNITY.APP NOR ANY PERSON ASSOCIATED WITH MYCOMMUNITY.APP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MYCOMMUNITY.APP NOR ANYONE ASSOCIATED WITH MYCOMMUNITY.APP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MYCOMMUNITY.APP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MYCOMMUNITY.APP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification You agree to defend, indemnify, and hold harmless MyCommunity.App, its affiliates, licensors, licensees, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Site.
Governing Law and Jurisdiction All matters relating to the Site and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration At MyCommunity.App’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.
Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability No waiver by MyCommunity.App of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MyCommunity.App to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and MyCommunity.App LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Your Comments and Concerns This Site is operated by MyCommunity.App LLC, 2030 Baseline Road, #182-3997, Phoenix, Arizona 85041. All notices of copyright infringement claims and all other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [help@myaffinity.app].