Terms of Service
These Terms of Service (the “Terms) govern your use of the websites, software applications, and other online services (collectively, “Services”) provided by EasyDiffusion Online (“EasyDiffusion Online” or “we”). The Services include, but are not limited to, the website located at https://easydiffusion.online/, as well as any other online property that links to these Terms.
By using the Services, you are agreeing to these Terms, which incorporate our Privacy Policy. These terms are a binding agreement between you and EasyDiffusion Online.
These Terms contain provisions that limit our liability to you and require you to resolve disputes individually, through final and binding arbitration. That means that you waive any right to have a judge or jury decide your case and that you can not bring claims in a class action lawsuit (or any similar proceeding). Please see “Disclaimers”, “Limitation of Liability” and “Governing Law and Dispute Resolution” below for more information.
1. Changes
We may make changes to these Terms at any time by posting them on the Services. Any changes will be effective at the time of posting.
2. Community Standards
In addition to your other responsibilities under these Terms, including our Privacy Policy, you must comply with the following:
Do not use the Services, including our site, app or extension, if you are under age 18.
You must abide by all applicable laws, refrain from violating any third-party rights and comply with any applicable third-party terms and agreements in connection with your use of the Services.
You must comply with all policies posted on the Services.
You must provide accurate and honest information to us at all times.
Do not reverse engineer, reverse compile or disassemble the Services or any portion of the Services.
Do not rent, sell or sublicense any of the Services.
Do not damage, interfere with, disrupt or unreasonably overload the Services.
3. Our Content and Proprietary Rightss
Do not copy, repurpose or distribute any content found on the Services. Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. The name “EasyDiffusion Online” and other EasyDiffusion Online marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of EasyDiffusion Online in the U.S. and other countries. They may not be used without our express written prior permission. All rights not granted under these Terms are reserved by us.
4. Infringement
We respect intellectual property rights, and expect our users to do the same. If you believe that your intellectual property rights have been violated, please inform us to [email protected].
5. Suspension and Termination
We may suspend or terminate our services to you for any reason or no reason. Possible reasons for suspending or terminating our Services include if you violate the Terms, causing liability to us or other users of the Services.
We reserve the right to modify or discontinue, temporarily or permanently, any part of our Services at any time, with or without notice. Such modifications or terminations may include but not limit to:
- Adding or removing features or services;
- Limiting the scope of Service use;
- Terminating the provision of Services;
We will use reasonable efforts to notify you of any modifications or terminations before they take effect. However, we cannot guarantee that we will always be able to provide notice. Therefore, you should regularly visit our website or other channels to stay informed of the latest Service information.
6. Contact Information
You agree that we may communicate with you using any contact information you have provided us (e.g., email, mobile number, physical address). You may opt out of some of those communications.
You can contact us at: [email protected]
7. Privacy Policy
When you are using the Services, we may need to collect your personal data to provide you the Services. We made Privacy Policy which forms an integral part of this Agreement. The Privacy Policy states the detailed information of the way this App collects, uses, stores, transfers, and discloses your personal data. By accessing and using the Services, you agree to be bound by the terms of this Agreement and Privacy Policy, and we will protect your privacy in accordance with such Privacy Policy.
8. Indemnity
You will indemnify, defend, and hold harmless EasyDiffusion Online and its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, Sellers and representatives and the other users of the Services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Services. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.
9. DISCLAIMERS
We provide the Services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential savings, revenues or other benefits you may realize by using the Services.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Covered Entities shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms, the Services, any User Content or the use of or inability to use the Services, even if we have been advised of the possibility of such damages. If the foregoing limitation is not legally enforceable, the maximum liability of all Covered Entities collectively, for all actions arising out of or related to these Terms, the Privacy Policy, and the Services is $5.00. Some jurisdictions do not allow limits of liability for some types of damages, so all or part of this limitation may not apply to you.
EasyDiffusion Online provides Services to users who are over 18 years old only and is not responsible for any content generated by users of our services. You are solely responsible for the content that you generate using our Services.
- You agree to indemnify and hold EasyDiffusion Online harmless from any and all claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our services.
- You agree that EasyDiffusion Online shall not be liable for any damages arising out of or in connection with the use of any content generated by users of our services, including but not limited to:
- Content that is in violation of any applicable law or regulation;
- Content that is hateful, discriminatory, or offensive;
- Content that is sexually explicit or suggestive;
- Content that is dangerous or harmful;
- Content that infringes on the intellectual property rights or other rights of any third party.
You agree that EasyDiffusion Online shall not be liable for any damages arising out of or in connection with the use of any content generated by users of our services, even if EasyDiffusion Online has been advised of the possibility of such damages.
This limitation of liability shall apply to all claims, whether based in contract, tort, or any other theory of liability.
This limitation of liability shall survive the termination of your use of our Services.
11. Governing Law and Dispute Resolution
The laws of the State of California, excluding conflict of laws rules, will exclusively govern any dispute relating to these Terms and/or the Services. Except for the arbitration provisions below, all claims and disputes can be litigated only in the federal or state courts in Los Angeles County, California, and you and EasyDiffusion Online each agree to personal jurisdiction in those courts. Any claim arising out of or related to these Terms must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
Unless you opt out, you and EasyDiffusion Online will resolve all claims relating to these Terms or the Services through final and binding arbitration with the American Arbitration Association (including disputes about these arbitration provisions). The arbitration will be conducted by a single arbitrator under the AAA’s Commercial Arbitration Rules, in the United States county where you live or work, Los Angeles, CA, or any other location we agree to.
You can opt out of arbitration by sending a request to our email below. The email must be marked “LEGAL NOTICE: ARBITRATION OPT OUT” in the subject line and received within 30 days of the date that you first access the Services. You must include all information necessary for us to identify you. Once you opt out, your opt out will remain binding even if we update these Terms.
Some claims do not have to go to arbitration: claims that qualify for small claims court, lawsuits for injunctive relief and claims of intellectual property infringement.
12. Miscellaneous
These Terms incorporate any policy that is posted on the Services, including our Privacy Policy.
We will be entitled to recover all costs, including attorneys’ fees, that we incur in order to enforce these Terms.
You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
You cannot assign your rights under these Terms without our written agreement. We can assign our rights and obligations to any entity or entities that agree to be bound by these Terms.
You represent and warrant that (1) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; and (2) you are not listed on any US government list of prohibited or restricted parties.
The Terms (including all policies incorporated by reference) are the entire agreement between you and EasyDiffusion Online. They replace any other agreement between us on this subject. If any provision of these Terms is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver will be effective unless it is described in explicit writing and signed by EasyDiffusion Online.