Terms and Conditions | Fairygodboss

Fairygodboss Terms of Use

Effective Date: April 3rd, 2024

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND DAILY MUSE, INC. (“FAIRYGODBOSS,” “COMPANY,” “WE,” “OUR” OR “US”).

SECTION 16 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 16 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

By accessing or using http://www.fairygodboss.com, or any other website with an authorized link to this Agreement, registering an account or accessing or using any content, information, services, features or resources available or enabled via the website (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.

Subject to Section 16.9 of this Agreement, Fairygodboss reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

USE OF THE SERVICES. The Services and the information and content available on the Services are protected by copyright laws throughout the world. Subject to the Agreement, Fairygodboss grants you a limited license to reproduce portions of the Services for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Fairygodboss in a separate license, your right to use any and all Services is subject to the Agreement.
1. Virtual Career Fair. In addition to the Services provided on the website, Fairygodboss may host virtual career fair events on the Services, at which Fairygodboss aims to connect recruiters at participating companies with highly qualified job seekers. For more information, or to register for the next virtual career fair, please contact us at: [email protected].
2. Privacy. Any information that you provide to Fairygodboss, as well as any information that Fairygodboss otherwise collects via the Services and your use thereof, is subject to our Privacy Policy available at https://fairygodboss.com/privacy-policy, which governs our collection and use of such information.
3. Updates. You understand that the Services are evolving. As a result, Fairygodboss may require you to accept updates to the Services that you have installed on your computer or mobile device. You acknowledge and agree that Fairygodboss may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
4. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services; (b) you may not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Fairygodboss; (c) you may not use any metatags or other “hidden text” using Fairygodboss’ name or trademarks; (d) you may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you may not 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 Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services 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 materials); (f) you may not access the Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you may not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services is subject to the Agreement. Fairygodboss, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Service terminates the licenses granted by Fairygodboss pursuant to the Agreement.
5. Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Fairygodboss to monitor such materials and that you access these materials at your own risk.
REGISTRATION.
1. Registering Your Account. In order to access certain features of the Services, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered an account on the Services (“Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”).
  1. Community Profile. For those Users that seek to engage with other Users on the Fairygodboss community feed, such Users can create a public profile for posting or commenting on topics; reviewing employers; joining groups of other Users who share your interests, profession and lifestyle; personalizing topic, company and job preferences; and more.
  2. Job Seeker Profile. For those Users that seek to pursue employment opportunities through the Services, such Users can create a private profile for the job search (each such User, a “Job Seeker”). Job Seekers can use the Services to apply for jobs directly through the Fairygodboss messaging platform, and Fairygodboss will provide the relevant notifications to Job Seekers for any activity by employers on their applications.
2. Access Through a SNS. If you access the Services through a SNS as part of the functionality of the Services, you may link your Account with Third-Party Accounts, by allowing Fairygodboss to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Fairygodboss and/or grant Fairygodboss access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Fairygodboss to pay any fees or making Fairygodboss subject to any usage limitations imposed by such third-party service providers. By granting Fairygodboss access to any Third-Party Accounts, you understand that Fairygodboss may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Services (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Agreement, all SNS Content is Your Content (as defined in Section 3.1) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Fairygodboss’ access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FAIRYGODBOSS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Fairygodboss makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Fairygodboss is not responsible for any SNS Content.
3. Registration Data. In registering an account on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (l) at least 13 years old; (m) of legal age to form a binding contract; and (n) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree to monitor your Account to restrict use by minors, and you accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (y) notify Fairygodboss immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fairygodboss has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Fairygodboss has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to have more than one Account per platform or SNS at any given time. Fairygodboss reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Fairygodboss, or if you have been previously banned from any of the Services.
4. Your account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are owned by and inure to the benefit of Fairygodboss.
RESPONSIBILITY FOR CONTENT.
1. Types of Content. You acknowledge that all Content, the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not Fairygodboss, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Users of the Services, and not Fairygodboss, are similarly responsible for all Content that you and they Make Available through the Services (“User Content”).
2. No Obligation to Pre-Screen Content. You acknowledge that Fairygodboss has no obligation to pre-screen Content (including, but not limited to, User Content), although Fairygodboss reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Fairygodboss pre-screens, refuses or removes any Content, you acknowledge that Fairygodboss will do so for Fairygodboss’ benefit, not yours. Without limiting the foregoing, Fairygodboss has the right to remove any Content that violates the Agreement or is otherwise objectionable.
3. Storage. Unless expressly agreed to by Fairygodboss in writing elsewhere, Fairygodboss has no obligation to store any of Your Content that you Make Available on the Services. Fairygodboss has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Fairygodboss retains the right to create reasonable limits on Fairygodboss’ use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by Fairygodboss in its sole discretion.
OWNERSHIP.
1. Services. Except with respect to Your Content and User Content, you agree that Fairygodboss and its suppliers own all rights, title and interest in the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
2. Trademarks. Fairygodboss' stylized name and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Fairygodboss and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
3. Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Services.
4. Your Content. Fairygodboss does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5. License to Your Content. Subject to any applicable Account settings that you select, you grant Fairygodboss a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Fairygodboss, are responsible for all of Your Content that you Make Available on or in the Services.
6. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Services, you expressly permit Fairygodboss to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
7. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Fairygodboss in its sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
8. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Fairygodboss through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Fairygodboss has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Fairygodboss a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance the Services and/or Fairygodboss’ business.
USER CONDUCT. As a condition of your use of the Services, you may not use the Services for any purpose that is prohibited by the Agreement, the Community Guidelines or by applicable law. You may not (and may not permit any third party) either to (a) take any action or (b) Make Available any Content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Fairygodboss’ prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Fairygodboss; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services or (viii) conduct data mining, use machine learning tools or models, or train machine learning tools or models or use any other artificial intelligence technology on the Website; (ix) use any Content or data (including any associated metadata) for any machine learning and/or artificial intelligence purposes, including without limitation to train or develop artificial intelligence technologies, tools or machine learning language models; or (x) use artificial intelligence technologies, tools or machine learning language models to generate or combine any text, images or any other material or derivative works based on or using any Content or the Website.
INVESTIGATIONS. Fairygodboss may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, Fairygodboss has the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement, the Community Guidelines or any applicable law.
INTERACTIONS WITH OTHER USERS.
1. User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact through the Services; provided, however, that Fairygodboss reserves the right, but has no obligation, to intercede in such disputes. You agree that Fairygodboss will not be responsible for any liability incurred as the result of such interactions.
2. Content Provided by Other Users. The Services may contain User Content provided by other Users. Fairygodboss is not responsible for and does not control User Content. Fairygodboss has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
THIRD-PARTY SERVICES. The Services may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of Fairygodboss. Fairygodboss is not responsible for any Third-Party Websites or Third-Party Ads. Fairygodboss provides these Third-Party Websites and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave the Services, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
INDEMNIFICATION. To the fullest extent permitted by law, you will indemnify and hold Fairygodboss, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Fairygodboss Party” and collectively, the “Fairygodboss Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in a manner not authorized by this Agreement; (c) any other violation of the Agreement by you; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Fairygodboss reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fairygodboss in asserting any available defenses.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
1. As Is. TO THE FULLEST EXTENT PERMITTED BY LAW, (I) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND (II) FAIRYGODBOSS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
  1. FAIRYGODBOSS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
  2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. FAIRYGODBOSS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FAIRYGODBOSS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  5. FROM TIME TO TIME, FAIRYGODBOSS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT FAIRYGODBOSS’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT FAIRYGODBOSS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FAIRYGODBOSS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT FAIRYGODBOSS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES.
4. Basis of the Bargain. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FAIRYGODBOSS AND YOU AND APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL FAIRYGODBOSS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT FAIRYGODBOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL FAIRYGODBOSS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO FAIRYGODBOSS BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A FAIRYGODBOSS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A FAIRYGODBOSS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A FAIRYGODBOSS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
3. User content. EXCEPT FOR FAIRYGODBOSS’ OBLIGATIONS WITH RESPECT TO YOUR PERSONAL DATA AS SET FORTH IN THE FAIRYGODBOSS’ PRIVACY POLICY, FAIRYGODBOSS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FAIRYGODBOSS AND YOU AND APPLY, IN EACH CASE, TO THE FULLEST EXTENT PERMITTED BY LAW.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Fairygodboss’ policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Fairygodboss by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Fairygodboss’ Copyright Agent for notice of claims of copyright infringement is as follows: Attn: Andrew Jurgensen, Revision Legal, PLLC, 444 Cass Street, Ste. D, Traverse City, MI 49684, [email protected]
REMEDIES.
1. Violations. If Fairygodboss becomes aware of any possible violations by you of the Agreement, Fairygodboss reserves the right to investigate such violations. If, as a result of the investigation, Fairygodboss believes that criminal activity has occurred, Fairygodboss reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Fairygodboss is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Fairygodboss’ possession in connection with your use of the Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Fairygodboss, its Users or the public, and all enforcement or other government officials, as Fairygodboss in its sole discretion believes to be necessary or appropriate.
2. Breach. In the event that Fairygodboss determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the Services, Fairygodboss reserves the right to:
  1. Warn you via e-mail (to any e-mail address you have provided to Fairygodboss) that you have violated the Agreement;
  2. Delete any of Your Content provided by you or your agent(s) to the Services;
  3. Discontinue your registration(s) with any of the Services, including any Services or any Fairygodboss community;
  4. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
  5. Pursue any other action which Fairygodboss deems to be appropriate.
TERM AND TERMINATION. The Agreement commences on the date you accept (as described above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section. At its sole discretion, Fairygodboss may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Fairygodboss reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. All provisions of the Agreement which by their nature should survive, will survive termination of Services, including without limitation, indemnification, ownership provisions, warranty disclaimers, and limitation of liability.
INTERNATIONAL USERS. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Fairygodboss intends to announce such Services or Content in your country. The Services are controlled and offered by Fairygodboss from its facilities in the United States of America. Fairygodboss makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
Mandatory Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT
1. Informal Dispute Resolution. For any and all disputes between you and Fairygodboss, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.
  To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against Fairygodboss that you initiate, you agree to send to Fairygodboss (a) a written description of the dispute and (b) the email address(es) associated with your account or you use of the Services through the following email address: [email protected] . The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.
  If the parties’ dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and Fairygodboss agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below.
  The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
2. Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve the dispute, (except as provided in herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to [email protected].
  Except as set forth below, you and Fairygodboss agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms — including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section (collectively, the “Arbitration Agreement”). The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Section.
  This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice opt-out provisions set forth below.
  This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Fairygodboss expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement.
  Notwithstanding the parties’ decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
3. Waiver Of Rights Including Jury Trial. THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
  YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND Fairygodboss ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4. Class Arbitration and Collective Relief Waiver. YOU AND Fairygodboss ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SUBPART (VII) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS Fairygodboss PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
  If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
  If there is a final judicial determination that either the Class Arbitration and Collective Relief Waiver in this section, or that the provisions in this section are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court as provided herein, but shall be severed and stayed pending arbitration of the remaining claims.
5. Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available atwww.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at [email protected].
  You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
6. Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held
  1. at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or
  2. at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in New York City, New York (unless otherwise agreed by the parties). The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.
  If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Fairygodboss submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
  Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow the issues in dispute.
7. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Fairygodboss within reasonably close temporal proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Fairygodboss and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved.
  Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.
  You agree to cooperate in good faith with Fairygodboss and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
  Unless Fairygodboss otherwise consents in writing, Fairygodboss does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (vii). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
  The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing.
8. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Limitation of Liability” section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.
9. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to [email protected]. The notice must be sent within thirty (30) days of (a) April 4th 2024; or (b) your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, Fairygodboss will also not be bound by it.
10. Changes. Fairygodboss will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” section. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Fairygodboss does not have actual notice are subject to the revised clause.
11. Class Action Waiver. You may only resolve Disputes with Fairygodboss on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Except as described in Section 16.7, class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.
GENERAL PROVISIONS.
1. Electronic Communications. The communications between you and Fairygodboss may take place via electronic means, whether you visit the Services or send Fairygodboss e-mails, or whether Fairygodboss posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Fairygodboss in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fairygodboss provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
2. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Fairygodboss’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
3. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
4. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Fairygodboss agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, New York.
5. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
6. Notice. Where Fairygodboss requires that you provide an e-mail address, you are responsible for providing Fairygodboss with your most current e-mail address. In the event that the last e-mail address you provided to Fairygodboss is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Fairygodboss’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Fairygodboss at the following address: Daily Muse Inc., 442 5th Avenue, #1147, New York, NY 10018. Such notice shall be deemed given when received by Fairygodboss by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
7. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
8. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
9. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person's List or Entity List. By using the Services, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Fairygodboss are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Fairygodboss products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
10. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11. Entire Agreement. The Agreement, together with the Privacy Policy and any Supplemental Terms, is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

End of Agreement