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The Milky Ways Terms of Agreement

Last Updated: [10/03/2024]

1. Introduction

Welcome to The Milky Ways, owned and operated by Univers Media Group LLC, an Alabama Limited Liability Company ("Univers Media Group," "we," "us," or "our"). By accessing or using The Milky Ways application ("App"), you ("User," "you," or "your") agree to comply with and be bound by the following terms and conditions ("Terms"). If you do not agree with these Terms, you may not use the App.

2. User Eligibility

You must be at least 18 years old to create an account, post events, or make any financial transactions through The Milky Ways. By using this App, you represent and warrant that you meet these requirements.

3. Account Creation and Security

Users are required to create an account to access certain features of the App. You are responsible for maintaining the confidentiality of your account information, including passwords, and for all activities that occur under your account. You agree to notify Univers Media Group immediately of any unauthorized use of your account.

4. Location Services and Data Collection

The App requires access to your location services to provide event and social media functionalities. By using this App, you consent to the collection and use of location data as described in our Privacy Policy.

Univers Media Group will securely store certain user information, including but not limited to personal identification and financial information, in compliance with relevant privacy laws and industry standards. You acknowledge that you provide this information at your own risk, and while we strive to maintain the security of your data, we cannot guarantee absolute security.

5. Event Posting and Liability

Users who post events ("Event Organizers") are solely responsible for the accuracy of the information they provide and for the conduct and outcome of their events. By posting an event, you acknowledge and agree that Univers Media Group is not responsible for the organization, operation, quality, or outcome of the event. You agree to hold Univers Media Group harmless from any claims, damages, or disputes arising from your event.

6. Payment and Transactions

Users may make payments or receive funds through the App. Univers Media Group uses third-party payment processors to handle transactions. By making a payment or receiving funds, you agree to the terms and conditions of these third-party payment processors.

You understand and agree that Univers Media Group is not liable for any issues related to transactions, including but not limited to processing errors, unauthorized transactions, or disputes between users.

7. Content Ownership and Rights

By posting content (including but not limited to text, images, videos, and event details) on the App, you grant Univers Media Group a worldwide, non-exclusive, royalty-free, transferable license to use, display, reproduce, modify, and distribute your content for the operation and promotion of the App.

You represent and warrant that you own the rights to the content you post or have the necessary permissions to use the content. You agree not to post content that infringes the intellectual property rights of others, is defamatory, obscene, or violates the law in any way.

8. User Conduct and Restrictions

You agree to use the App in accordance with applicable laws and not to:

• Post false, misleading, or inappropriate content.

• Engage in fraudulent activities, harassment, or abuse.

• Impersonate any individual or entity.

• Collect or harvest personal data from other users without their consent.

Univers Media Group reserves the right to remove any content and terminate or suspend your account for violating these Terms or engaging in harmful behavior.

9. Indemnification

You agree to indemnify, defend, and hold harmless Univers Media Group LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the App.

• Your breach of these Terms.

• Your violation of any third-party rights, including intellectual property rights.

• Your event or activity, including any damages or injuries to third parties.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNIVERS MEDIA GROUP LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Binding Arbitration and Dispute Resolution

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App or any services, product or entity of the Univers Media Group, including any disputes relating to the validity, interpretation, breach, or enforcement of these Terms, shall be resolved exclusively through binding arbitration. Arbitration shall be conducted in Birmingham, Alabama, in accordance with the rules of the American Arbitration Association ("AAA"). The decision of the arbitrator shall be final and binding on all parties.

12. Changes to Terms

Univers Media Group reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the App. Your continued use of the App after the posting of changes constitutes your acceptance of such changes.

13. Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws principles.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Termination

Univers Media Group reserves the right to terminate or suspend your access to the App at its sole discretion, without notice, for conduct that it believes violates these Terms or is harmful to other users or the interests of Univers Media Group.