LIBERATION AI TERMS OF USE

 

Effective May 23, 2023

 

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE

SERVICES OFFERED BY LIBERATIONAI LLC (“LIBERATION AI”). THE LIBERATION AI

WEBSITES AND DOMAIN NAMES, (INCLUDING, BUT NOT LIMITED TO, LIBERATIONAI.COM

AND WWJDM.COM) AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED

FROM TIME TO TIME BY LIBERATION AI IN CONNECTION THEREWITH (COLLECTIVELY,

“WEBSITE”) ARE LICENSED TO, AND OWNED AND OPERATED BY, LIBERATION AI. THIS

AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR

USE OF THE WEBSITE. BY USING THE WEBSITE IN ANY MANNER, YOU AGREE TO BE

BOUND BY THIS AGREEMENT AND LIBERATION AI’S PRIVACY POLICY POSTED ON THE

WEBSITE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.

You may at any time request a copy of this Agreement by emailing us at: [email protected],

Subject: Terms of Use.

  1. Modifications of this Agreement

LIBERATION AI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS

AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU

A NOTICE VIA EMAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING

FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON

FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU

FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE

TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW

THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY

CHANGES. THIS AGREEMENT, TOGETHER WITH LIBERATION AI’S PRIVACY POLICY AND

ANY OTHER LEGAL NOTICES PUBLISHED BY LIBERATION AI ON THE WEBSITE, SHALL

CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND LIBERATION AI CONCERNING

THE WEBSITE AND SUPERSEDE ANY COMMUNICATION OR UNDERSTANDING BETWEEN

THE PARTIES REGARDING THE WEBSITE.

  1. Website Access

2.1 You must be at least 18 years old to use the Website. If you use the Services on behalf of

another person or entity, you must have the authority to accept the Terms on their behalf. You must

provide accurate and complete information to register for an account. You may not make your

access credentials or account available to others outside your organization, and you are responsible

for all activities that occur using your credentials.

2.2 Subject to your compliance on a continuing basis with all of the terms and conditions of this

Agreement, LIBERATION AI hereby grants you permission to use the Website only as set forth in

this Agreement, and provided that: (i) you will not copy or distribute any part of the Website in any

medium without LIBERATION AI’s prior written authorization; (ii) you will not alter or modify any part

of the Website other than as expressly authorized and then only for such express purpose; (iii) you

may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or

integrity of the Website, the proper operation of the Website, the features that prevent or restrict use

or copying of any Content (as the term is defined below) or enforce limitations on use of the Website

or the Content therein, or interfere with any activity being conducted on the Website; and (iv) you

may not decompile, disassemble, translate, reverse engineer any of the software comprising or in

 

any way making up part of the Website, or otherwise attempt to discover the source code or the

underlying components of models, algorithms or systems of the Website.

2.3 In order to access some features of the Website, you may have to create a membership account.

You may never use another’s account, username or password without permission. When creating

your account, you must provide accurate and complete information. You are solely responsible for

the activity that occurs on your account, and you must keep your account password secure. You

must notify LIBERATION AI immediately of any breach of security or unauthorized use of your

account. You may be required to expressly accept or reject these Terms of Use when you register;

you agree that any requirement that you do so does not in any way vitiate your assent to comply with

the Terms of Use. Although LIBERATION AI will not be liable for your losses caused by any

unauthorized use of your account, you may be liable for the losses of LIBERATION AI or others due

to such unauthorized use.

2.4 You agree not to use or launch any automated system, including without limitation, “robots,”

“spiders,” or “offline readers,” that accesses the Website in a manner that sends more request

messages to LIBERATION AI’s servers in a given period of time than a single human can

reasonably produce in the same period by using a conventional web browser. You agree not to

collect or harvest any personally identifiable information, including account names, from the Website,

nor to use the communication systems provided by the Website for any unauthorized commercial

solicitation purposes. Unless expressly authorized by the applicable user, you agree not to solicit, for

commercial purposes, any users of the Website with respect to their “User Submissions,” as that

term is defined below. You agree that your User Submissions both will not involve the transmission

of “junk mail,” “chain letters,” “spamming,” or other unsolicited mass mailings, and will not contain

restricted or password only access pages or hidden pages or images. LIBERATION AI reserves the

right in its sole discretion to block access or discontinue services to offenders, and to investigate and

take appropriate legal action against anyone who, in LIBERATION AI’s sole discretion, violates this

provision, including without limitation, reporting you to law enforcement authorities.

2.5 LIBERATION AI reserves the right to discontinue any aspect of the Website at any time.

  1. Intellectual Property Rights

The content on the Website , including without limitation, the text, software, scripts, graphics, files,

images, photos, sounds, music, videos, interactive features, output text generated by the A.I. chatbot

and the like (collectively “Content”) and the trademarks, service marks and logos contained therein

(“Marks”), are owned by or licensed to LIBERATION AI, subject to copyright and other intellectual

property rights under United States and foreign laws and international conventions. LIBERATION AI

reserves all rights not expressly granted in and to the Website and the Content. You agree not to

use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload,

display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including,

but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other

proprietary rights not owned by you, (i) without the express prior written consent of the respective

owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of

the Content for personal use, you must retain all copyright and other proprietary notices contained

therein.

  1. Term

This Agreement shall remain in full force and effect while you use the Website. You may terminate

your use of the Website or your membership at any time by emailing: [email protected].

LIBERATION AI may terminate your access to the Website or your membership at any time, for any

reason, and without warning. Sections 2.4, 3, 6.3. through 6.7, and 7 through 13 shall survive

termination of this Agreement for any reason.

  1. Fees; Store; Carrier Fees

 

5.1 Certain services and features of the Website are made available in exchange for fees.

LIBERATION AI may charge fees for all or some of the Website’s services in its sole discretion.

Such fees are not refundable. If LIBERATION AI terminates your registration or membership

because of your breach of the Agreement, you may be entitled to a refund of any unused portion of

such fees to the extent required under applicable law.

5.2 You may purchase products and services directly from LIBERATION AI on the Website. Product

and service descriptions and specifications are subject to change. Product and service descriptions,

prices and other information on the Website may contain typographical errors or may be incorrect,

incomplete or not current. LIBERATION AI periodically adds, updates and corrects the information in

the Website store without notice.

5.3 LIBERATION AI may make available a service through which you can receive messages on your

wireless device via short message service (“SMS”). You represent that you are the owner or

authorized user of the wireless device on which messages will be received, and that you are

authorized to approve any applicable charges. In addition to any fee of which you are notified, your

provider’s standard messaging rates apply to our confirmation and all subsequent SMS

correspondence. All charges are billed by and payable to your mobile service provider. LIBERATION

AI will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to

effective transmission from your network operator.

  1. Content and User Submissions

6.1 Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are

constantly working to improve our Website to make it more accurate, reliable, safe and beneficial.

Given the probabilistic nature of machine learning, use of the Website may in some situations result

in incorrect output that is generated by the chatbot, which output does not accurately reflect real

facts or original intentions. You should evaluate the accuracy of any content output as appropriate

for your use case, including by using human review of the content output.

6.2 The Website may also permit users to post their own content on the Website (“User

Submissions”). You understand that whether or not User Submissions are published, LIBERATION

AI does not guarantee any confidentiality with respect to any such submissions.

6.3 You shall be solely responsible for your own User Submissions and the consequences of posting

or publishing them. You agree that LIBERATION AI has no liability with respect to any User

Submissions, including, without limitation, your own submissions, and you hereby irrevocably

release LIBERATION AI and its officers and directors, employees, agents, representatives and

affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.

In connection with your User Submissions, you affirm, represent, and warrant that you can and will

demonstrate to LIBERATION AI’s full satisfaction upon its request that the posting of your User

Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights,

contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and

other monies owing any person or entity by reason of any content posted by you to or through the

Website. By submitting your User Submissions to the Website, you give LIBERATION AI all non-

exclusive rights and licenses necessary to use and otherwise exploit such User Submissions for any

purpose in connection with the Website and LIBERATION AI’s other related services. These rights

are irrevocable, but you remain the owner of the User Submissions that you create. You also hereby

do and shall grant each user of the Website a non-exclusive license to access your User

Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative

works of, display and perform such User Submissions as permitted through the functionality of the

Website and under this Agreement.

6.4 In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or

misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous,

threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or

encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any

 

law, or is otherwise inappropriate or objectionable; or (iii) impersonate another person. LIBERATION

AI does not endorse any User Submission or any opinion, recommendation, or advice expressed

therein, and LIBERATION AI expressly disclaims any and all responsibility or liability in connection

with User Submissions.

6.5 LIBERATION AI reserves the right to decide whether Content or a User Submission is

inappropriate, or violates this Agreement, including without limitation, due to violations of intellectual

property law, pornography, obscene or defamatory material, or excessive length. LIBERATION AI

also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting

(including private messages and User Submissions) by you, or to restrict, suspend or terminate your

access to all or any part of the Website at any time, for any reason, without prior notice.

Notwithstanding the foregoing, LIBERATION AI assumes no responsibility for monitoring the

Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such

conduct, Content or User Submissions from the Website.

6.6 Events hosted by LIBERATION AI may be recorded and made available for the benefit of the

other users of the Website. By participating, you grant permission for LIBERATION AI to capture

your contributions to these events and publish them in text, audio, or video formats. You agree that

these recordings will constitute User Submissions.

6.7 It is LIBERATION AI’s policy to (1) block access to or remove Content that it believes in good

faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our

advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services

to repeat offenders.

  1. Product and Service Offerings

Certain products and services featured on the Website are offered by third parties (“Merchants”).

When you select a Merchant’s product or service featured on the Website, you are redirected to the

Merchant’s website. Any purchase is made directly from such Merchant, not from LIBERATION AI,

though LIBERATION AI may earn a commission from the Merchant when you make a purchase

through a link on the Website or using a promotional code provided by LIBERATION AI. Product and

service descriptions and specifications are subject to change. Product and service descriptions and

other information on the Website may be incorrect, incomplete or not current. LIBERATION AI

assumes no responsibility for the accuracy of such information.

  1. Third-Party Websites

The Website may contain links to third party websites that are not owned or controlled by

LIBERATION AI. When you access third-party websites, you do so at your own risk. LIBERATION AI

encourages you to be aware when you leave the Website and to read the terms and conditions and

privacy policy of each third party website that you visit. LIBERATION AI has no control over, and

assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions

expressed in, or products or services offered through, any third-party websites. In addition,

LIBERATION AI will not and cannot monitor, verify, censor or edit the content of any third-party

website. By using the Website, you expressly relieve LIBERATION AI from any and all liability

arising from your use of any third-party website.

  1. WARRANTY DISCLAIMER

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS)

ON THE WEBSITE IS NOT INTENDED AS MEDICAL, LEGAL OR FINANCIAL ADVICE. IT IS ALSO

NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A

QUALIFIED PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. YOUR USE OF THE WEBSITE

IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR

THROUGHOUT THE WEBSITE AND ARE INCORPORATED HEREIN BY THIS REFERENCE.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIBERATION AI, ITS

SUPPLIERS AND LICENSORS, THE MERCHANTS, AND EACH OF THEIR RESPECTIVE

OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS

OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT. IN ADDITION, NEITHER LIBERATION AI NOR ITS SUPPLIERS NOR

LICENSORS, NOR ANY MERCHANTS, NOR ANY OF THEIR RESPECTIVE OFFICERS,

DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S

CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, OR ASSUME ANY

LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF

CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY

UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL

PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY

BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR

THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS

IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT

OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE

AVAILABLE VIA THE WEBSITE.

LIBERATION AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED

BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR

FEATURED IN ANY ADVERTISING, AND LIBERATION AI WILL NOT BE A PARTY TO OR IN ANY

WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-

PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES. THE WEBSITE IS

CONTROLLED AND OFFERED BY LIBERATION AI FROM ITS FACILITIES IN THE UNITED

STATES OF AMERICA. LIBERATION AI MAKES NO REPRESENTATIONS THAT THE WEBSITE

IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR

USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE

WITH LOCAL LAW.

  1. Indemnity

You agree to defend, indemnify and hold harmless LIBERATION AI, its parent corporation, officers,

directors, employees and agents, from and against any and all claims, damages, obligations, losses,

liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys’ fees) arising

from: (i) your use of and access to the Website or any Content that you post thereon; (ii) your

violation of any term of this Agreement or of your representations and warranties set forth herein; (iii)

your violation of any third party right, including without limitation any copyright, property, or privacy

right; or (iv) any claim that one of your User Submissions caused damage to a third party.

  1. Eligibility

By using the Website, you represent and warrant that (i) all registration information you submit is

accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of

age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to

LIBERATION AI that you are such minor’s legal guardian); and (iv) your use of the Website does not

violate any applicable law or regulation. Your membership may be terminated without warning if

LIBERATION AI believes that you are under 18 years of age or that your legal guardian did not

authorize your Website membership.

  1. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL LIBERATION AI, ITS SUPPLIERS, MERCHANTS, OR THEIR RESPECTIVE

OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD

PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL

DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY,

CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIBERATION AI

IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF

LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE

JURISDICTION. SUBJECT TO THE FOREGOING, LIBERATION AI’S LIABILITY TO YOU FOR

ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIBERATION AI

FOR SERVICES IN CONNECTION WITH THE WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT LIBERATION AI SHALL NOT BE LIABLE FOR USER

SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD

PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY

AND ENTIRELY WITH YOU. FURTHER, LIBERATION AI ASSUMES NO RESPONSIBILITY FOR

ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION

YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE

WEBSITE. LIBERATION AI WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS

RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON

THE WEBSITE.

  1. Assignment

You may not transfer or assign this Agreement or any rights and licenses granted hereunder without

LIBERATION AI’s prior written consent; any purported assignment in violation of the foregoing shall

be void and without effect. LIBERATION AI may freely transfer, assign, or delegate this Agreement,

and any of its rights or obligations hereunder.

  1. Dispute Resolution

14.1 Arbitration. If there is any dispute about or involving the Website, you agree that the dispute

shall be governed by the laws of the State of California, without regard to conflict of laws provisions

thereof or to the 1980 U.N. Convention on contracts for the international sale of goods. Any dispute

arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in

Santa Monica, California, using the English language, by one commercial arbitrator(s) with

substantial experience in resolving intellectual property and commercial contract disputes. The

arbitrator shall have the authority to grant specific performance and to allocate between the parties

the costs of arbitration (including service fees, arbitrator fees and all other fees related to the

arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the

arbitration shall be entitled to receive reimbursement of its reasonable expenses (including

reasonable attorneys’ fees, expert witness fees and all other expenses) in connection therewith.

Judgment upon the award so rendered may be entered in a court having jurisdiction or application

may be made to such court for judicial acceptance of any award and an order of enforcement, as the

case may be. Judgment on the award may be entered in any court of competent jurisdiction. In

addition, either party may seek, from a court of competent jurisdiction in Los Angeles County,

provisional remedies or injunctive relief in support of their respective rights and remedies hereunder

without waiving any right to arbitration. Any dispute or portion thereof, or any claim for a particular

form of relief (not otherwise precluded by any other provision of this Agreement), that may not be

arbitrated pursuant to applicable state or federal law may be heard only in a court of competent

jurisdiction in Santa Clara County. The parties waive any claim of inconvenient forum.

14.2 Right to Reject. You may reject Section 14.1 by mailing a signed rejection notice to

LIBERATION AI at 5435 Kester Ave, #102, Van Nuys CA 91411 within thirty (30) calendar days after

your first use of the Website. Any rejection notice must include your name, address, email address

 

and telephone number. Any rejection of Section 14.1 by you will not affect any other provision of this

Agreement.

14.3 CLASS ACTION WAIVER. NEITHER YOU NOR LIBERATION AI WILL HAVE THE RIGHT TO

PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER

REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS

REPRESENTATIVE OR CLASS MEMBER in connection with this agreement or the website.

Further, unless both you and LIBERATION AI agree otherwise in writing, the arbitrator may not join

or consolidate claims under this Agreement with claims of any other persons. The arbitrator shall

have no authority to conduct any class, private attorney general or other representative proceeding,

and shall award declaratory or injunctive relief only in favor of the party seeking relief and only to the

extent necessary to provide relief warranted by that party’s individual claim. If a determination is

made in a proceeding that the class action waiver is invalid or unenforceable, only the foregoing

sentence will remain in force and the remainder of this Section shall be null and void, provided, that

the determination concerning the class action waiver shall be subject to appeal.

  1. Miscellaneous

If any provision of this Agreement is deemed invalid or unenforceable by an arbitrator or court of

competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity

or enforceability of the remaining provisions of this Agreement, which shall remain in full force and

effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of

such term or any other term, and LIBERATION AI’s failure to assert any right or provision under this

Agreement shall not constitute a waiver of such right or provision. YOU AND LIBERATION AI

AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE

MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.