TERMS and Conditions

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Effective Date: September 1, 2018

1           Our Invitation to You

1.1        Welcome. Welcome to Pledo (“us“, “we“, “ours“)! Our products and services are provided by some companies. We invite you to access our websites and our products and services and applications (including mobile applications, the “Applications“) (the web sites, products, services and applications collectively, the “System“), but please note that your invitation is subject to your review and agreement with these Terms of Service (collectively with all other operating rules, policies and procedures that we may publish on this website or in any of our applications, and our privacy policy, all of which are incorporated herein by reference, “Terms“). By accessing or using the System, or clicking a button or checking a box marked “I Agree” or something similar, you signify that you have read, understood, and agree to be bound by these Terms.

1.2        Privacy Policy. Please also read carefully our Privacy Policy at Pledo.co/privacy-policy/. You agree that our Privacy Policy (as may be updated from time to time) governs our collection and use of your personal information.

1.3        Additional Terms. Certain portions of the System may be subject to additional terms and conditions specified by us from time to time elsewhere in the System; your use of such portions of the System is subject to those additional terms and conditions. The Products have individual warranties and in the case of software, terms of use. In the event of a conflict between the additional terms or other agreement and any provision in these Terms, the additional terms will prevail, but only with respect to the portion of the System to which the additional terms apply.

1.4       Waivers. THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

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2          The Products

2.1       The Products. We offer video hardware and software (collectively, “Products“). These Terms apply to any and all orders placed on the System for our Products.

2.2       Pricing. All prices are in United States Dollars, unless otherwise stated. Applicable taxes and fees and shipping costs are added to our prices. All payments are made in United States Dollars.

2.3       Shipping. You acknowledge and agree that you are providing a payment or deposit for a Product that is due to be shipped on or about the estimated shipping date. If in our sole discretion, we cannot timely ship or deliver the Product, we may elect to refund your payment method, or may determine to receive your consent to the later delivery. You have the affirmative obligation to keep us informed regarding your location and the place of delivery of the Product (or refund, as applicable). If your payment method changes, or is cancelled, we may still refund to the original payment method. However, if you have cancelled the card or method, you must notify us so that we can make alternative arrangements to refund to you.

 

If we have not heard from you within three (3) years from the date on which we were to refund your payment method (assuming we determined that we could not timely ship or deliver the Product and you have not provided your consent to the delayed delivery in such timeframe), and we cannot locate you, you agree that any amounts paid pursuant to these Terms shall be provided in accordance with the requirements of the Missouri Unclaimed Property laws and we shall have no liability to you for any failure to refund your deposit to you.

 

We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. You will be responsible for all freight, packing, insurance and other shipping-related costs and expenses, and these will be noted on your order screen before you make your purchase. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to you.

 

You understand that all estimated shipment dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If you have made an order for multiple Products, we may send you your Products in installments and charge you separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we’re not able to charge your payment method or you fail to pay for your purchase, we have the right to delay or suspend shipment of the Products.

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2.4       Return of the Product. We accept returns of hardware, in particular our cameras and associated hardware. We do not accept returns of software. All Products that are returned to us become our property. We’re not responsible for any memory card, content or information stored in any Product you return to us, whether under warranty or not. Please make sure to save any content or information you wish to keep from your Product’s memory card and erase any data thereon before returning your Product to us.

2.4.1    14-Day Worry-Free Guarantee. If you purchased your hardware Product directly from us via https://www.pledo.co, and you are unsatisfied with your purchase for any reason, you may return the Product to us for a full refund or exchange within the fourteen (14) days following the date on which the Product is delivered to you. If you request a refund under this section, your payment method will be credited upon our receipt and inspection of the returned Product. If you request an exchange, we’ll pay for shipping of the new Product sent to you. To return the hardware product, you must sign into your account on the System and follow the return instructions.

2.4.2   Returns under Warranty.  All other returns must be under warranty. In order to return a Product under warranty, you must obtain a Return Materials Authorization (“RMA”) number from us prior to returning any Products to us under warranty. You agree to pack the Product that you are returning carefully and return it to us together with the RMA at your cost. The returned Product must be in the original package and free of any defect or damage caused by shipping. If we determine to repair or replace your Product under warranty, we will pay the return costs for ground shipping. If we reasonably determine that the Product you returned is not defective, we will contact you and will arrange for reshipment to you           at your cost. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product to you.

2.4.3 Sending Your Product Back to Us. Whether through our 14-Day Worry-Free Guarantee or under warranty described herein, you can only make returns as follows:

        (1)     Before requesting an RMA, please contact us. We’re often able to solve the problem quickly via email.

        (2)     If we’re unable to solve your problem via email, request an RMA number from us.

 

       If we determine that you are within your 14-Day Worry-Free Guarantee or that your problem qualifies under warranty coverage, you will be issued an RMA number.

       (3)       Package Products along with a copy of the RMA form.

       (4)       Write the RMA number on the outside of the box and send it to the appropriate address.

       Returned Products must be received at our RMA facility within fourteen (14) days of issuing the RMA document.

2.5  Risk of Loss. Risk of loss of the Product passes to you on our delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility. 

2.6  Taxes. Except in the case of sales tax for residents of the State of Missouri, U.S.A., all import duties, taxes, and other charges are not included in the Product price or shipping cost. These charges are your responsibility. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your order.

2.7  Export Control. You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if we ship a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to:

      (i)        an embargoed/terrorist supporting country as determined by the US government;

     (ii)        a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or

     (iii)       any destination for an end use that is prohibited by applicable law. You will defend and hold us harmless against all claims, damages, or liability resulting from breach of the foregoing.

2.8       Use of the Product. You represent that the Product you have ordered is for your own use and not for resale.

2.9       Product Descriptions. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of the System are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

2.10     Pricing. We cannot confirm the price of any Product until you order. Despite our best efforts, a small number of the items listed for sale in the System may be mispriced. If the correct price of an item sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. Note that our Pre-Order Terms and Conditions have different terms: pledo.co/buy.

 

3          Eligibility of Users

3.1       Eligibility of Users. We may, in our sole discretion, refuse to offer the System to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the System is revoked where these Terms or use of the System is prohibited or to the extent offering, sale or provision of the System conflicts with any applicable law, rule or regulation. Further, the System are offered only for your use, and not for the use or benefit of any third party.

3.2       Children. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances use the System.

 

4          Your Account

4.1       Your Account. To sign up for the System, you must create an account (an “Account“) by registering for an Account on the System. You agree not to create an Account or use the System if you have been previously removed or banned by us from any part of the System. We reserve the right in our sole discretion to suspend or terminate your Account and refuse any and all current or future use of the System (or any portion thereof) at any time for any reason. You agree that we will not be liable to you or to any third party for any suspension or termination of your Account or any refusal by us of any use of the System (or any portion thereof). You must provide accurate and complete information and keep your Account information updated. You shall not:

            (1)       select or use as a username a name of another person with the intent to impersonate that person;

            (2)       use as a username a name subject to any rights of a person other than you without appropriate authorization; or

            (3)       use, as a username, a name that is otherwise offensive, vulgar or obscene.

4.2       Account Security. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You acknowledge that you provide your personal information at your own risk. You may never use another person’s user account or registration information for the System without permission. You must notify us immediately of any change in your eligibility to use the System (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You can delete your Account, either directly or through a request made to one of our employees or affiliates. We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that

unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

4.3       Closing Your Account. You may deactivate your Account with us at any time, for any reason (or no reason), and you don’t even have to give us notice. 

4.4       Your Demise. We pledge to protect the privacy of your User Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your User Content or Account after you are no longer able to provide them access, you need to implement a process for providing your Account information to them. We will not provide your Account information, or your User Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so.

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5          License

5.1       License Grant to You.

5.1.1   System. Subject to your compliance with these Terms, we grant to you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to use the System solely for your private, personal, non-commercial use, in which case, we describe our license to you below.

5.1.2   Products. Note that the Products are not for resale, but we intend that the Products will be used for professional, commercial use.

5.2      Restrictions on You. Except as expressly specified in these Terms, you shall not

           (1)        modify, or make derivative works of, disassemble, reverse compile or reverse engineer any part of the System;

           (2)      license, transfer, sell, rent, lease, distribute, assign, host, sublicense or otherwise commercially exploit the System, in whole or in part;

           (3)       frame or utilize framing techniques to enclose any trademark, logo, or other portion of the System (including images, text, page layout, or form);

           (4)       use any metatags or other “hidden text” using our name or trademarks;

           (5)       access the System in order to build a similar or competitive website, product, or service;

           (6)       copy, reproduce, distribute, republish, download, display, post or transmit any part of the System in any form or by any means; or

           (7)       remove or destroy any copyright notices or other proprietary markings contained on or in the System.

           You will comply with any technical restrictions in the System that allow you to use the System only in certain ways. Any unauthorized use of the System terminates the licenses granted by us pursuant to these Terms. We makes no representation that the System are appropriate for use in locations other than the United States.

5.3      U.S. Government Users. The System and the Products and related documentation are “commercial items” as that term is defined in US government regulations, consisting of commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in said regulations. If the System and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in said regulations, the U.S. Government’s rights in the System and related documentation will be only those specified in these Terms.

5.4      Export Control. The System and the Products may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from the System, or any products utilizing such data, in violation of the United States export laws or regulations or the laws or regulations of any other country.

5.5      Non U.S. Residents.

5.5.1   The information provided by the System and the sale of the Products is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the System or any portion of the System and the Products, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provides.

5.5.2   The System is available worldwide, but our data processing operations take place in the United States. If you use the System, you acknowledge that you may be sending electronic communications (including your personal account information), through computer networks owned by us and third parties located in the United States and other countries. As a result, your use of the System will likely result in interstate and possibly international data transmissions, and your use of the System shall constitute your consent to permit such transmissions.

5.6      Modification. We reserve the right, at any time, to modify, suspend, or discontinue the System (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the System or any part thereof. By continuing to access or use the System after we have posted a modification on the System you are indicating that you agree to the modification. If the modifications are not acceptable to you, your only recourse is to cease using the System.

5.7      Ownership. You acknowledge that

           (1)      the System are and will remain our sole property and is subject to protection under U.S. and foreign copyright laws and

           (2)      all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the System and content made available through the System are owned by us or its licensors or suppliers. Our names, logo, trademarks and the product names associated with the System belong to us (or our licensors or suppliers, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Neither these Terms nor your access to the System transfers to you or any third party any rights, title or interest in or to such           intellectual property rights, except for the limited access rights expressly set forth in these Terms.

5.8      General Availability. We will generally make the System available continuously. However, we will, from time to time, make the System unavailable for maintenance and upgrades, and we reserve the right to make the System unavailable for any reason. You agree that we have no liability for any damages whatsoever arising from any interruption, suspension or termination of the operation of the System.

5.9      The Internet. The System is subject to the limitations and delays inherent in the use of the Internet and software. You agree that we are not responsible for any damages resulting from such limitations and delays.

5.10    Third Party Services. We may from time to time engage certain affiliates or other third parties to provide technical or other Systems relating to all or part of the System, and you hereby agree that such third party involvement is acceptable.

5.11    Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the System (“Feedback“) and the Products. You may submit Feedback by emailing us, through the “Contact” section of the System, or by other means of communication. You acknowledge and agree that all Feedback you give us will be our sole and exclusive property and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.

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6         Rules of Conduct.

6.1      In General. As a condition of use, you promise not to use the System for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the System.

6.2      Specifically.

6.2.1 You shall not (and shall not permit any third party to)

         (1)       take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

         (2)       interfere or attempt to interfere with the proper working of the System or any activities conducted on the System;

         (3)       bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the System (or other accounts, computer systems or networks connected to the System);

        (4)       forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the System to send altered, deceptive or false source-identifying information;

        (5)       run any form of auto-responder or “spam” on the System;

        (6)       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 System (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the System 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);

       (7)       recruit or otherwise solicit any user to join third-party services or websites that are competitive to us;

       (8)       make the functionality of the System available to multiple users through any means; or

       (9)       otherwise take any action in violation of our guidelines and policies.

6.2.2  You shall abide by all applicable local, state, national and international laws and regulations. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

       (1)       satisfy any applicable law, regulation, legal process or governmental request,

       (2)       enforce these Terms, including investigation of potential violations hereof,

       (3)       detect, prevent, or otherwise address fraud, security or technical issues,

       (4)       respond to user support requests, or

       (5)       protect the rights, property or safety of us, our users and the public.

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7           Third Party Services.

       The System also contain links to other websites, which are not operated by us (the “Linked Sites“). We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites is subject to the terms of use and service contained within each such site. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content.

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8           App Stores.

8.1       License Grant to You. Subject to your compliance with these Terms, we grant to you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to

           (1)       download and install the Application on compatible devices that you own and control and run such cop(ies) of the Application and

           (2)       use the other aspects of the System solely for your private, personal, non-commercial use.

           Furthermore, with respect to any Application downloaded through the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s Usage Rules) (the “Usage Rules“). To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. We and our licensors and suppliers reserve all rights not expressly granted to you

  in these Terms.

8.2      Use of the Application. You acknowledge and agree that the availability of the Application is dependent on the App Store from which you received the App. You acknowledge that this Agreement is between you and us and not with the App Store. We, not the App Store, is solely responsible for the App, including the App, 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 App, 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 the App, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them. If you are accessing the System via an Application on a device provided by Apple, Inc. (“Apple“) or an Application obtained through the Apple App Store, the following shall apply:

         (1)      You will only use the Application in connection with an Apple device that you own or control;

         (2)      You acknowledge and agree that we are responsible for providing any maintenance and support services with respect to the Application and the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

         (3)     In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the App Store, and the App Store may refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, the App Stores will not have any other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility;

        (4)      You acknowledge and agree that we, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application or your possession and/or use of that Application, including, but not limited to:

           (A) product liability claims;

           (B) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and

          (C) claims arising under consumer protection or similar legislation;

       (5)       You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

      (6)       You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

      (7)       Both you and us acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement (e.g., the App Store’s terms and policies and the Usage Rules) which may affect or be affected by such use;

      (8)       Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof; and

      (9)       We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

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9           Payments.

9.1       Payments. We use a third-party payment processor (the “Payment Processor“) to allow you to pay for products purchased through the System. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to purchase goods and services through the System, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize us, via the applicable Payment Processor, to charge your chosen payment provider (“Payment Method“). Such charges for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You acknowledge and agree that

(1)       your purchases through the System are transactions between you and the supplier of such purchases, and not with us or any of our affiliates; and

(2)       we are not a party to your payment transaction for such purchases and we are not a buyer or a seller in connection with such transactions.

9.2       Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, via the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your applicable purchase upon demand.

9.3       Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.

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10         Term; Termination.

10.1 Subject to this Section, these Terms will remain in full force and effect while you use the System.

10.1.1  We may terminate your Account or your access to all or any part of the System at any time, with or without cause, with or without notice, effective immediately, which may involve deletion of your User Content associated with your Account from our live databases.

10.1.2  If we exercise our discretion under these Terms to terminate, any or all of the following can occur with or without prior notice or explanation to you:

(1)       your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the System, your Account, your Content, or receive assistance from Customer Service,

(2)       any pending or accepted future purchases will be immediately terminated,

(3)       we may communicate to your seller that a potential or confirmed purchase has been cancelled,

(4)       we may refund your customers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies,

(5)       we may contact your customers to inform them about potential alternatives that may be available on the System, and

(6)       you will not be entitled to any compensation for purchase (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Account.

10.2     Termination of Your Account. If you wish to terminate your Account, you may do so by following the instructions in the System.

10.3     Limitation of Liability. We have no liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.

10.4     Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.