ADS GENERATOR AI TERMS OF SERVICE
Updated January 9, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These terms and any policies incorporated by reference herein (collectively, the “Agreement”) are a binding contract between you and Sesame Labs. By checking the appropriate box indicating that you agree during registration, or by otherwise accessing the Sesame Labs website (“Website”) or Ads Generator Ai service, you hereby signify your agreement to the following terms and conditions and any policies referenced herein (collectively, the “Agreement”).
PLEASE READ SECTION 10.15 BELOW CAREFULLY. SAID SECTION AFFECTS YOUR LEGAL RIGHTS WITH REGARD TO ANY DISPUTES BETWEEN YOU AND SESAME LABS.
AD GENERATION SERVICE.
Service Description. The Ads Generator AI service is an end-to-end digital ads creator that is trained on past ad campaigns across different categories and advertising channels (the “Service”). The Service learns from your website, ad accounts, and social media to generate custom imagery and copy for your advertisements.
The Service shall be provided to you (referred to herein as “you” and “your”, and the “Customer”) via the internet as a software as a service (“SaaS”) during your Subscription. Sesame Labs may change the Service and the functionality provided thereby at its sole discretion without notice at any time. THE SERVICE IS PROVIDED TO YOU AS-IS, WITHOUT WARRANTY OF ANY KIND.
You, the Customer, agree to review all output from the Service and are solely responsible for any statements made in any ad copy and the contents of any imagery generated thereby. You shall be solely responsible and liable with respect to any claims made by or on behalf of any of your end customers and any recipients of any output from the Service generated from your use thereof.
You acknowledge that the Service uses AI algorithms to learn from your website, ad accounts, and social media, and to generate its output. You assume all risks and consequences associated with the use of AI algorithms in this manner, including but not limited to the risk of erroneous results and issues relating to copyright ownership.Meta Ads Account. You may connect your Meta Ads Account to the Service at your option. You warrant that your granting of access of your Meta Ads Account to Sesame Labs and the use of your Ad Data (as defined below) thereby as contemplated within this Agreement shall not cause you to breach the terms of any agreement between you and Meta or any third-party. You shall remain the Meta Ads Account holder and Sesame Labs shall be your service provider acting on your behalf with respect to the Meta Ads Account.
By connecting your Meta Ads Account to the Service, you expressly grant Sesame Labs permission to access, retrieve, copy, make derivative works from, and otherwise utilize data, insights, pictures, graphics, profiles, audio clips, video clips, links, text, content, and other relevant information pulled or otherwise accessible via access to your Meta Ads Account (referred to herein as “Ad Data”).
Sesame Labs shall use Ad Data exclusively for the purpose of making the Service functional, enhancing the Service’s functionality, refining algorithms, training the artificial intelligence systems and machine learning algorithms, and as input data for artificial intelligence systems and machine learning algorithms. Under no circumstances shall Sesame Labs sell, rent, lease, or share the Ad Data with third-parties for any reason not expressly mentioned in this Agreement. Sesame Labs shall keep your Ad Data confidential and secure.
You retain the right to request the deletion of your Ad Data from Sesame Labs’ systems. Upon such a request, Sesame Labs shall take prompt measures to remove your Ad Data, subject to the retention of certain anonymized data sets which may be retained exclusively for the purpose of AI training and system optimization. This anonymized data will be stripped of all personally identifiable information and cannot be used to identify an individual user or their respective Meta Ads Account.Use of Service Output. You may use output generated from your use of the Service solely in your advertisements and not for any other purpose.
FEES AND ADDITIONAL TERMS.
Fees. Fees shall be as described on Sesame Labs’ Website (https://www.sesamelabs.io/).
Billing. All pricing is in U.S. dollars. You agree to pay Sesame Labs for all accrued Service charges. Charges will begin accruing on the date you first sign up for Service. A subscription to the Service may require a credit card number for billing. By providing your credit card information, you grant Sesame Labs authorization to submit charges to that credit card number for your use of the Service each month.
All recurring monthly Service fees are charged in advance. Usage-based charges, if any, will be billed in arrears based on actual usage. Any other applicable charges (such as setup fees, surcharges, taxes, etc.) will also be billed to you. You acknowledge that the amount charged by Sesame Labs may vary based on your usage of the Service. All invoices are due upon receipt. Any charges left unpaid for 30 days will be subject to a monthly service fee of the lesser of 1.5% of the outstanding balance, or the maximum legally allowable interest rate. If charges applied to your account are rejected, Sesame Labs reserves the right to assess a processing fee.
Prices are valid on a month-to-month basis and Sesame Labs reserves the right to change or update pricing at any time. Sesame Labs will make reasonable efforts to notify customers of any change in pricing by sending communications to a customer’s default email address, sending a letter by U.S. mail, contacting customers at the phone number on file, by placing conspicuous notice on the Website’s price page, or any combination of these methods. Customers will receive notice a minimum of 30 days before any price change.
You understand that failure to pay charges as required may result in the disruption of your Service and your account being turned over to an outside collection agency. You agree to pay your account balance, late fees, and collection charges if Sesame Labs places your account with an outside collection agency.
You grant permission to Sesame Labs to check your credit history and rating, and to refuse you service or suspend your account at any time based on our evaluation of your creditworthiness. Sesame Labs may establish a credit limit for your account. If the total charges on your account exceed your credit limit at any time, your method of payment will be charged.
SERVICE TERM AND TERMINATION.
Trial Subscriptions. Sesame Labs may, at its sole discretion, offer trial subscriptions to the Service for no fee. Said trial subscriptions shall automatically convert into paid monthly subscriptions upon their conclusion. You may prevent such conversion via your account settings, or by contacting Sesame Labs at vinay@sesamelabs.io or +12136181585.
Subscription Term. For paid monthly subscriptions, your service term shall begin on the day you sign up and shall continue in effect for one (1) month therefrom. For trial subscriptions, your service term shall begin on the day you sign up and shall continue in effect for the duration of the free trial. Paid monthly subscriptions and trial subscriptions may collectively be referred to herein as “Subscriptions” and individually each as a “Subscription”. Upon the conclusion of your Subscription it shall automatically renew for additional one (1) month renewal periods until canceled or changed in accordance with this Agreement. For the avoidance of doubt, upon the renewal of a trial subscription, it shall automatically be converted into a paid monthly subscription.
Subscription Cancellation. You may cancel your Subscription at any time by contacting Sesame Labs at vinay@sesamelabs.io or +12136181585. Sesame Labs may in our sole discretion cancel your Subscription at any time by giving you notice via the Service, e-mail, or otherwise in writing. Except as otherwise provided herein, any cancellation of your Subscription is effective at the end of the then-current monthly period for paid monthly subscriptions, and at the end of the trial period for trial subscriptions). The terms of this Agreement shall survive the termination of any Subscription.
Sesame Labs may suspend or otherwise terminate your access to the Service: (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (iii) if we no longer offer any of the Service functionality you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in Sesame Labs’ sole and absolute discretion. Such termination of the Service will not affect any of Sesame Labs’ rights or your obligations arising under this Agreement prior to termination.Term and Termination. This Agreement is effective as of date you first access the Service and shall continue per the terms herein. Upon the termination of this Agreement for any reason, the following sections shall survive in perpetuity: 1, 2, 3.4, 4, 5.4, 5.5., 5.6, 5.8, 5.9, 5.10, 6, 7, 8, 9, and 10.
OWNERSHIP, LICENSE GRANTS, AND APPROPRIATE USE.
Ownership. Sesame Labs owns all worldwide right, title and interest in and to the Website, any content thereon, the SaaS, the Service, all of their underlying technologies, all derivatives thereof, and all worldwide intellectual property rights therein. Except as expressly described herein, this Agreement does not grant you any intellectual property license or rights in or to the Service, the Website, any of their components, or any trademarks, service marks, or other intellectual property of Sesame Labs.
3rd Party Services and Marks. All rights with respect to the marks, trade names, and/or service names of any third-party reproduced in providing the Service shall remain with said third-party. Said marks are used solely in a descriptive manner to actually reference said third-party’s services.
Internal Use Only. Subject to the terms herein, Sesame Labs grants you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Service solely for your personal use. You shall not redistribute, or otherwise make the Service available to any third-party. All rights not expressly granted to you are reserved.
Appropriate Use. You are strictly prohibited from using the Service: (i) in a manner that violates any applicable law, rule or regulation, including without limitation the U.S. CAN-SPAM Act, the Canadian Anti-Spam Legislation, the U.S. Telephone Consumer Protection Act, or the Children’s Online Privacy Protection Act, each as amended from time to time; (ii) to promote any goods or services or send communications that are illegal in the place offered to consumers; (iii) to advertise or promote adult services, illegal gambling, counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as to support a “pump and dump” scheme); (iv) to defraud, deceive or mislead anyone; (v) to communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive; (vi) to promote or engage in discrimination, racism, harassment or hate speech against any individual or group; or (vii) to threaten or promote violence.
You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Service or any portion thereof or use it in any manner not expressly authorized by this Agreement. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Service. Tampering with the Service, conducting fraudulent activities on the Service and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Website and/or our Service.End User Responsibility. You agree to: (i) be responsible for compliance with this Agreement by all of your employees, contractors, agents and other end users accessing or using the Service by, through or in connection with your subscription (collectively, the “End Users”); (ii) ensure that each End User agrees to our Privacy Notice and this Agreement and consents to the collection and processing of the End User’s Personal Information via the Service prior to such End User accessing the Service; (iii) be responsible for the accuracy and lawful collection and use of any data, including Personal Information of End Users or other individuals, that is provided to Sesame Labs or input to the Service by you as a Customer and all of your End Users; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify Sesame Labs promptly of any unauthorized access or use; and (v) use, and ensure that your End Users use, the Service only in accordance with this Agreement and all applicable law. Any use of the Service in violation of the foregoing by you as a Customer or your End Users that in Sesame Labs’ sole judgment threatens the security, integrity, or availability of the Service may result in immediate suspension of access to the Service.
Feedback. If you provide Sesame Labs with ideas, comments, or suggestions relating to the Service (“Feedback”) all intellectual property rights in that Feedback and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), shall be solely owned by Sesame Labs; and Sesame Labs may use or disclose the Feedback for any purpose.
Analytics. Sesame Labs may use anonymized and aggregated analytics information collected from your use of the Service and the performance of any output generated therefrom for the purposes of improving the Service, for the development of other services, and to make the Service operable. Sesame Labs may combine such analytics information with the analytics information of other users for these purposes.
YOUR USE OF THE SERVICE.
Account Credentials. You shall use no less than reasonable efforts to maintain the security of your Service credentials. You agree not to transfer your account to any third-party. You shall be solely responsible for use of your credentials and/or your account by any third-party. You must notify Sesame Labs upon becoming aware of any breach or suspected breach of the security of your account. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
Accurate Information. You agree to keep your account information accurate and complete. Misrepresentation of your identity or the ownership of the account information used with the Service shall be a material breach of the terms herein and may be a violation of applicable law.
Appropriate Conduct. You hereby warrant and agree that you shall not: a.) use the Service for any illegal or unauthorized purpose; b.) use the Service in any way that violates any applicable law, regulation, legislation, or other applicable rules of any governing body; c.) modify, adapt, hack, or reverse engineer the Service; d.) engage in any activities that would create a false association with the Service; e.) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor the Service or any portion thereof without Sesame Labs’ prior written consent; or f.) transfer or resell the Service.
User Content. You are solely responsible for any data, text, information, graphics, photos, profiles, audio clips, video clips, links, or other content (collectively, “User Content”) that you submit, post, display, or otherwise make available to or via the Service, including but not limited to data, text, information, graphics, photos, profiles, audio clips, video clips, links, content, or other Ad Data. You warrant that you possess all necessary ownership rights, consents, and license grants necessary to: a.) use User Content in such manner; b.) for its ingestion, adaptation, reproduction, and display by the Service; and c.) to grant the license in Section 5.5 below. You warrant that the use of the User Content as contemplated herein meets all applicable local, state, provincial, national and other laws, rules and regulations. You shall indemnify Sesame Labs against any action or claim that such use of User Content infringes or misappropriates the intellectual property rights of any third-party. You retain ownership of all intellectual property rights in your User Content.
License Grant to Sesame Labs. You hereby grant to Sesame Labs a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable, transferable, perpetual right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of such User Content. The rights you grant in this license are for the limited purpose of operating the Service in accordance with its functionality, improving the Service, and allowing Sesame Labs to develop new services. The aforementioned license grants include, but are not limited to, the right to use User Content to train machine learning algorithms and as input data for machine learning algorithms.
Third-Party Content and Services. You acknowledge and agree that content and links that you come across via the Service or Website may be provided by third-parties and may include and point to content outside of Sesame Labs’ control (“Third-Party Content”). Sesame Labs shall have no liability whatsoever for any such Third-Party Content, or any third-party fees you may incur by accessing such Third-Party Content, and you hereby release Sesame Labs from any claims related to or arising therefrom.
Other Use Restrictions. You agree that you will use the Service for your own internal use only. You will not: a.) allow third-parties to exploit the Service; b.) provide Service passwords or other login information to any third-party; c.) share non-public Service features or content with any third-party; or d.) access the Service in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Service, or to copy any ideas, features, functions or graphics of the Service.
Consent to Messages. You hereby consent to receive from Sesame Labs and other users of the Service, Service related messages, marketing, and/or advertising for additional services, events, affiliate products, and services through the mediums of electronic mail, printed mails, phone calls, text messages (carrier fees may apply), social media messages, and/or any other medium.
By providing us with your wireless phone number, e-mail address, or other contact information, you consent to Sesame Labs sending you informational messages related to the products, services, or information you have requested from us via such medium.
You may opt-out of future marketing and advertising from Sesame Labs at any time through either express written notice, or by clicking on the applicable unsubscribe links contained in any such material.Administration of Forums and Messages. You understand that you have no expectation of privacy with respect to messages sent and/or received via the Website or Service. Sesame Labs may, at its sole discretion, lock, delete, or otherwise make inaccessible any content on the Service, whether User Content, Third-Party Content, or otherwise.
Service Availability Level. Sesame Labs will use commercially reasonable efforts to maintain availability of the Service during your Subscription. You agree and understand that there will be times when the Service will not be available, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other Customers or callers; and causes beyond our reasonable control. During your Subscription Sesame Labs will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Service. Sesame Labs is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Service, whether or not the cause is mentioned in this paragraph, or any lack of Service caused by your device or your internet or wireless service provider.
CUSTOMER DATA AND PRIVACY.
Use of Personal Data. Personally identifiable information collected about you by the Website and Service is treated in accordance with the Privacy Policy which is hereby incorporated into this Agreement by reference. If you do not agree to this Agreement or the Privacy Policy, you must immediately cease use of the Website and the Service. Notwithstanding anything to the contrary in the foregoing or within the Privacy Policy, to the extent permissible by applicable law, Sesame Labs may use such personally identifiable information at its discretion for the purposes of customizing and optimizing the Service for you and in order to improve and add functionality to the Service.
WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY.
Warranty Disclaimer. The Website and the Service are provided to you without warranty of any kind, whether express or implied. SESAME LABS SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF NONINFRINGEMENT, TITLE, THE WARRANTY OF MERCHANTABILITY, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Damages Limitation. IN NO EVENT SHALL SESAME LABS BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, COSTS OF CAPITAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DOWNTIME COSTS, LOSS OR IMPAIRMENT OF DATA AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SESAME LABS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.
Limitation of Liability. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SESAME LABS TO YOU ON WHATEVER BASIS, EXCEED THE TOTAL OF FEES RECEIVED BY SESAME LABS FROM YOU DURING THE 6-MONTH PERIOD PRECEDING THE ACTION GIVING RISE TO THE CLAIM.
TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT THE LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICE AS DESCRIBED HEREIN, YOU AGREE THAT SESAME LABS DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.Risk Allocation. The provisions herein allocate risks of loss or failure between you and Sesame Labs. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability contained herein.
RIGHTS OF SESAME LABS.
Changes to the Service. Sesame Labs may, at its sole discretion, change or remove some or all Service functionality at any time. Sesame Labs reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Sesame Labs will not be liable to you for any loss of availability of the Service, interruption of the Service, delay, or failure to perform.
Refusal of Service. Sesame Labs reserves the right to refuse service to anyone for any reason at any time. Sesame Labs may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Sesame Labs’ sole determination you violate any provision of this Agreement, or for no reason.
Trademarks. All Sesame Labs graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of Sesame Labs. Sesame Labs reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder. You shall not use any of Sesame Labs’ trademarks or service marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Copyrights. Except as expressly stated within this Agreement, you do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the information contained on or generated by the Service (the “Contents”) without the prior written permission of Sesame Labs. You may only display, download, or print the Contents as expressly stated within this Agreement.
Contents includes, but is not limited to, images, illustrations, designs, photographs, video clips, text, graphics, written information and other materials.
INDEMNIFICATION.
Indemnity. You agree to indemnify and hold harmless Sesame Labs, its subsidiaries, Affiliates, officers, directors, agents, and employees (collectively, the “Indemnitees”), harmless from any claim, loss, damage, demand, or liability (including attorney’s fees; collectively, “Claims”) arising out of or related to your use of the Service; the granting to Sesame Labs of access to your Meta Ads Account; your violation of any law or contract, or the rights of any third-party (including but not limited to your end customers and Meta); or your breach of any term or warranty within this Agreement.
“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.
GENERAL.
Governing Law. This Agreement shall in all respects be interpreted, construed in accordance with and governed by the laws of the State of California. The Parties specifically exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.
Venue and Jurisdiction Provisions. Subject to the dispute resolution clause in Section 10.15 below, in the event of any litigation between the Parties, the Parties agree that the sole and exclusive venue and jurisdiction for any such action shall be in the courts of competent jurisdiction located in San Francisco County, California. The Parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement.
Severability. In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
Force Majeure. Except with respect to the payment of fees due, neither party will be liable for any failure to perform due to unforeseen circumstances or causes beyond such party’s reasonable control, including, without limitation, acts of God, pandemic, war, riot, acts of civil or military authorities, delay in delivery by vendors, fire, flood, accident, strikes, inability to secure communication or transportation facilities or labor or materials. In the event of a force majeure event, such party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.
Entire Agreement. This Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the Parties relating to this Agreement.
Modifications. Sesame Labs may modify the terms of this Agreements at its sole discretion. Upon any modification thereof that is materially detrimental to you, Sesame Labs shall provide you with conspicuous notice thereof, whether by e-mail, notice on the Service, or otherwise. Should you disagree with such changes, your sole recourse shall be to terminate your use of the Service. Your continued use of the Service shall signify your agreement to any such modifications.
Headings. Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement between the Parties.
Assignment. You may not assign or delegate the rights and obligations of this Agreement without the prior express written permission of Sesame Labs. Sesame Labs may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns.
Waiver. The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
Benefit. This Agreement is made for the benefit of each of the Parties and not for the benefit of any other persons.
Attorneys’ Fees. In any litigation or arbitration between the Parties, the prevailing party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.
No Presumption. There shall be no presumption applied against any party on the ground that such party was responsible for preparing this Agreement or any part of it.
Equitable Relief. Each party acknowledges that a breach by the other party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the non-breaching party may institute an action to enjoin the breaching party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching party may be entitled at law or in equity.
DMCA Notices. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Sesame Labs infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Sesame Labs a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to vinay@sesamelabs.io; Subject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.Dispute Resolution. You agree to notify Sesame Labs of any potential disputes. If we are not able to resolve your claims within 60 days, you may seek relief through arbitration as set forth below. Any action hereunder by you must be brought, if at all, within one (1) year from the accrual of the cause of action.
Any and all claims, except for those for which San Francisco, California courts shall have jurisdiction per the terms above, will be resolved by binding arbitration, rather than in court. This includes any claims you assert against us, our subsidiaries, users, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules. Arbitrations shall be conducted in San Francisco, County, California.
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. An arbitration decision may be confirmed by any court with competent jurisdiction.Export Control Laws. The Service may be subject to United States export control laws, including the U.S. Export Administration Act or other import or export regulations in other countries. You must comply with all such regulations and are responsible for obtaining any required licenses.
Contact Information. If you have any questions, concerns, or complaints about our Service or anything under this Agreement or other Agreements with us, please contact us at the following:
Sesame Labs
1450 15th Street, #501, San Francisco, CA 94103
vinay@sesamelabs.io