You agree to indemnify and hold TIMEDORA INC and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from any liabilities, losses, damages, or costs, including reasonable attorneys' fees. This indemnification is incurred in connection with or arising from third-party allegations, claims, actions, disputes, or demands asserted against any of them due to or related to your Content, your use of the Services, or any willful misconduct on your part.
If you are a California resident, you 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.” If you reside in another jurisdiction, you waive any comparable statute or doctrine.
The User, at its expense, shall indemnify, defend and hold the Service Provider and affiliates harmless from and against any and all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to User’s use of the Service, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to User’s breach of any representations, warranties, or covenants in this agreement.When using the Service, it's important to keep in mind the following limitations and considerations since the Service is built on top of OpenAI's GPT Engine and other AI Engines:
All rights and restrictions in this Agreement are exercised and are applicable only to the extent that they do not violate any applicable laws. They are intended to be limited so that they do not render this Agreement illegal, invalid, or unenforceable. If any provision or portion thereof is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the intention is that the remaining provisions or portions thereof constitute the agreement between the parties. All such remaining provisions or portions thereof shall remain in full force and effect.
Federal Arbitration Act: The parties agree that this Terms of Service affects interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
You can email firstname.lastname@example.org to address concerns regarding the Service. Both parties will enter into good-faith negotiations to settle any dispute before initiating a lawsuit or arbitration.
You agree not to engage in any consolidated, class, or representative proceeding, whether existing or future, initiated by any third party concerning these Terms of Service (including their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, products, services, and/or technology through the Service. If any court or arbitrator determines that the class/consolidated/representative action waiver outlined in this section is void or unenforceable for any reason, or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration. Instead, they must be litigated in federal court located in San Francisco, California. This Class Action Waiver section also applies to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of TIMEDORA INC. It further applies to any claims asserted by any of them against you, to the extent that such claims arise from or relate to these Terms of Service (including their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, services, and/or technology through the Service.