OneAct Terms and Usage

OneAct Terms and Usage

Introduction

Our Terms and Usage below define the rules and guidelines for using OneAct, ensuring a safe, fair, and enjoyable experience for all users.

Eligibility

The services provided by OneAct are only available to persons residing in the United States who are at least 16 years old or the minimum age required by the laws of their state of residence to access and use the Services. The Services are not available to users previously suspended or removed from the Services by OneAct.

By using the Services, you state that:

- You are a resident of the United States.
- You are at least 16 years old and over the minimum age required by the laws of your state of residence to access and use the Services;
- You can form a binding contract with OneAct, or, if you are over 16 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
- You are not barred from using the Services under all applicable U.S. federal and state laws; and
- You have not been permanently suspended or removed from the Services.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

Account and Security

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for OneAct, and you are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account without your permission, please contact OneAct immediately.

User Content

OneAct provides a platform for users to share and post content. By submitting, posting or displaying content on or through OneAct, you warrant that you own all rights in the content and you agree that the content will comply with OneAct's community guidelines and does not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Privacy

Your privacy is important to us. The treatment of user data collected during the interaction with the OneAct service is outlined in our Privacy Policy, which is incorporated into these Terms of Service by reference.

Intellectual Property

You retain your rights to any content you submit, post or display on or through OneAct. By submitting, posting or displaying content, you grant OneAct a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods.

Dispute Resolution

Any disputes arising out of or relating to the agreement, the breach thereof, or any use of the OneAct platform (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of the country where OneAct is based.

Termination of Service

OneAct reserves the right, without notice and in our sole discretion, to terminate your license to use the services, and to block or prevent your future access to, and use of, the services. Further, you agree that OneAct shall not be liable to you or any third-party for any termination or suspension of your access to the services.

Modification of Terms

OneAct reserves the right, at our discretion, to change these Terms at any time. If changes are made, we will provide notice of these changes, such as by sending an email, providing notice through the services or updating the "Last Updated" date at the top of these Terms. Your continued use of the services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the services.

Indemnification and Limitation of Liability

To the extent permitted by law, OneAct, and our directors, employees, agents, suppliers and partners shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the services.

You agree to defend, indemnify, and hold harmless OneAct, its parent corporation, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or relating to your access to or use of the services, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ONEACT ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. ONEACT DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE ONEACT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL ANY OF THE ONEACT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ONEACT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID ONEACT IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE ONEACT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Community Guidelines

Your use of our services is subject to all applicable laws and regulations. You are solely responsible for the content of your communications through the services and your interactions with other users. By agreeing to these Terms, you promise to follow these Community Guidelines, and understand that if you do not, your account may be suspended or terminated.

We believe that everyone has a right to share their experience and ideas. To maintain a respectful and inclusive environment for everyone, we ask you to adhere to the following guidelines:

  1. Respectful Behavior: Treat all users with dignity and respect. Harassment, bullying, or hate speech of any kind is not tolerated.
  2. No Illegal Activities: Do not use the services for any illegal purposes or to promote dangerous activities.
  3. Content Restrictions: Avoid posting content that is obscene, pornographic, violent, or that violates any local or international laws.
  4. Intellectual Property Rights: Respect the intellectual property rights of others. Only post content that you have created or have rights to use and share.
  5. Privacy: Respect the privacy of others. Do not share someone else's personal information without their explicit consent.
  6. Spam and Unsolicited Communication: Avoid posting repetitive content, unwanted promotional material, or mass messages.
  7. Safe Environment: Do not post content that is harmful, abusive, defamatory, or that may create a risk of harm, loss, or physical or mental injury to any person or property.

Disclaimer of Warranties

The services are provided on an "as is" and "as available" basis without any warranties of any kind, to the fullest extent permitted by law, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. OneAct does not warrant that the services will be free from errors, omissions, or harmful components. While we aim to provide uninterrupted access to our services, we do not guarantee that the services will always be available or be uninterrupted. We will not be liable to you if for any reason our services are unavailable at any time or for any period.

User Interactions

OneAct does not control the content of communications between users or users' interactions with each other. You are solely responsible for your interactions with other users of our services and any other parties with whom you interact through our services.

You are solely responsible for your interactions with other users of the services and any other parties with whom you interact through the services. OneAct reserves the right, but has no obligation, to become involved in any way with these disputes.

Your use of the services is at your own risk. OneAct is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Please exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.

Advertising and Promotions

OneAct may display advertisements and promotions from third parties on the service or may otherwise provide information about or links to third-party products or services. Your business dealings, correspondence with, or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.

OneAct is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-OneAct sponsored information, advertisements, or third-party content on the services.

Please note that while we strive to selectively present you with useful, high-quality promotions, we do not endorse or control the third-party advertisers or the content of these advertisements.

Third Party Links and Content

Our service may contain links to third-party websites, products, or services that are not owned or controlled by OneAct. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.

OneAct has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the service, you acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or services; or (ii) the content, products, or services on or available from such websites or services.

Your interactions with organizations and/or individuals found on or through our service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.

Moderation

OneAct reserves the right, but has no obligation, to monitor and/or moderate content and accounts containing content that, in OneAct’s sole discretion, violates these Terms. OneAct has the right to remove any such content or accounts, without notice and at its sole discretion.

Data Retention

OneAct retains user data in accordance with applicable laws, for as long as your account is active or as needed to provide you services. We may retain certain user data after account deactivation if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or fulfill your request to "unsubscribe" from further messages from us. We will retain de-personalized information after your account has been closed.

Data Security

OneAct is committed to protecting the security of your personal information and takes reasonable precautions to protect it. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure, and as a result, we cannot ensure the security of information you transmit to us; accordingly, you acknowledge that you do so at your own risk.

We use industry-standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology.

Once we receive your data, we protect it on our servers using a combination of technical, physical, and logical security safeguards. The security of the data you send us also depends on you ensuring you maintain the security of your account by using sufficiently complicated passwords and storing them safely. You should also ensure that you have sufficient security on your own systems.

Violations of Terms

In the event of a violation of these Terms, OneAct reserves the right to seek all remedies available by law and in equity. We may terminate your access to and use of the services, at our sole discretion, at any time and without notice to you.

Accessibility

While OneAct strives to make our platform accessible and user-friendly, we cannot guarantee that all functionalities will work on all devices or with all technologies.

Prohibited Activities

By using OneAct, you agree that you will not engage in or attempt to engage in any of the following activities:

  1. Illegal Activities: You will not use the services for any purpose that is illegal or prohibited in your jurisdiction, or to solicit the performance of any illegal activity.
  2. Harmful Conduct: You will not post or transmit any content that is defamatory, abusive, harassing, hateful, violent, or otherwise objectionable. You will not harm, threaten, or harass other people, or promote bigotry or discrimination.
  3. Violations of Intellectual Property Rights: You will not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity.
  4. Misrepresentation: You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  5. Security Violations: You will not attempt to breach the security of the services, or network or computing device of OneAct or any other user. This includes unauthorized access, probing, or scanning of systems security or authentication measures, data, or traffic.
  6. Spamming: You will not send unsolicited messages, chain letters, or junk mail or spam to other users. You will not flood the services with requests or otherwise overburden, disrupt, or harm the services or systems.
  7. Harmful Code: You will not distribute software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment.

Violation of these Prohibited Activities may result in immediate termination of your account and legal action, as necessary. OneAct reserves the right to investigate and prosecute violations of any of these Prohibited Activities to the fullest extent of the law.

Legal Requirements

We may disclose your information to law enforcement or other government authorities if required by U.S. law or court order, or if necessary to protect our rights and property.

International Usage

OneAct is currently available only to users located within the United States. By accessing and using the Services, you acknowledge that the Services are intended for use solely within the United States. We do not guarantee that the Services comply with the laws of any other jurisdiction.

Beta Disclaimer

Please be aware that OneAct is currently in its Beta phase. As such, the services provided may still contain bugs, errors, or other issues that may affect your user experience. By choosing to use OneAct during this Beta period, you acknowledge and agree that you are doing so at your own risk. OneAct provides these Beta services on an "as is" and "as available" basis without any warranties of any kind. To the fullest extent permitted by law, you agree that OneAct, its affiliates, directors, employees, or agents shall not be liable for any damages or losses, whether direct or indirect, arising out of or in connection with your use of the Beta services. You further agree that you will not seek to hold OneAct responsible or pursue any legal action against OneAct related to any issues arising from your use of the Beta services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California, and you consent to the exclusive jurisdiction of these courts.

If you are a U.S. city, county, or state government entity, this Governing Law section does not apply to you. For U.S. federal government entities, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules.

Contact Us

If you have any questions about this Privacy Policy, please email us at support@oneact.social

Thank you for using OneAct!