User Agreement

08/23/2022

This Agreement governs your relationship with The 13th Step

And your use of and access to all services and products provided by The 13th Step (collectively, the Services). You agree that by accessing or using any part of the Services you are bound by the terms of this Agreement (the Terms), including the applicable Privacy Policy and Community Guidelines incorporated herein.

You may not use the Services unless all of the following apply to you

And you affirm that all of the following apply to you:

  1. You are at least 18 years old;
  2. You are legally allowed to use the Services where you live;
  3. You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have authority to bind that entity to these Terms;
  4. You have not been banned by The 13th Step from using the Services.

The 13th Step Privacy Policy

Describes what The 13th Step can do with information about you received by The 13th Step when you use the Services. You agree to the terms of the Privacy Policy, including the transfer of information to other countries for storage, processing, and use, if applicable.

Any content that you post to the Services

Including content posted in Direct Messages—must satisfy all of the following criteria and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies these criteria:

  1. You have the legal right to post the content to the Services.
  2. The content and the purpose for posting it complies with all laws, rules, and regulations that may apply.
  3. The content does not include non-public personal private information belonging to someone else, such as another person’s birthdate, home address, or telephone number.
  4. The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
  5. The content complies with the The 13th Step Community Guidelines. You are responsible for your use of the Services and for any content that you post. The 13th Step does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy, or reliability of any of the content posted through the Services, nor does The 13th Step endorse any opinions expressed through the Services. All content is the sole responsibility of the person who originated the content, and The 13th Step does not take responsibility for such content. While The 13th Step Direct Messaging feature is private, the sender of any message may be reported by its recipient, using the reporting feature provided. Accordingly, The 13th Step prohibitions against illegal content, including fraud, threats or incitement, child sexual abuse materials, intellectual property theft, doxing, etc., are applicable and enforceable to Direct Messages as with content posted throughout
  6. With respect to any content you contribute that uses YouTube services via The 13th Step, the Services. you affirm that—in addition to complying with The 13th Step own Terms and Community Guidelines—you are also complying with YouTube’s more restrictive Terms. (Users are encouraged to use The 13th Step own native video capabilities whenever they wish to avoid the application of these more restrictive terms.)

Right to Distribute.

You grant to The 13th Step a license to any content posted by you to the Services, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that The 13th Step or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you. You warrant that you have all rights necessary to grant these rights to The 13th Step and other members of the The 13th Step community.

If your copyright has been infringed by any content on the Services and you did not grant a license for this use by uploading your copyrighted work to the Services, you may submit a notice that meets all of the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C 512(c)(3), to our Copyright Manager at abuse@13th-step.com or 4417 13th St. #344 Saint Cloud, FL 34769. Your notice must include

  1. An electronic or physical signature of the copyrighted work owner (or person authorized by the copyright owner),
  2. A description of the copyrighted work, including the URL where the infringing content is available, or a copy of it,
  3. Contact details of the person submitting the notice, including email address, telephone, and mailing address,
  4. Statement in “good faith belief” that the work is not authorized by the copyright owner, and
  5. A statement by the sender that all of the above information is accurate, and that the person sending the notice is either the copyright owner or is authorized to act on behalf of the copyright owner. Upon receiving a notice satisfying these requirements, The 13th Step will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the services.

You may not interfere with the Services in any way

such as by accessing the Services through automated means in a manner that puts excessive demand on the Services; by hacking the Services; by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of the Services; by impersonating The 13th Step on the Services; by accessing the Services for any purpose that competes with the interests of The 13th Step; by spamming The 13th Step community members; by failing to respond to operational communications or requests from The 13th Step; or through any other type of interference with the Services or The 13th Step relationships with others.

The 13th Step may remove any content and terminate your access to the Services

at any time and for any reason to the extent The 13th Step reasonably believes (a) you have violated these Terms or The 13th Step Community Guidelines, (b) you create risk or possible legal exposure for The 13th Step, or (c) you are otherwise engaging in unlawful conduct—although The 13th Step endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by The 13th Step to you to use the Services or submit content to the Services, or the fact that The 13th Step may receive a benefit from your use of the Services or provision of content to the Services, will not obligate The 13th Step to maintain any content or maintain your access to the Services. The 13th Step will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services. In addition, accounts which are inactive (without login) for nine (9) months are subject to username relinquishment or account removal.

    You agree to receive communications from The 13th Step

    including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to The 13th Step, you are required to notify The 13th Step when you cease to own or control that number to help prevent The 13th Step from sending communications to others who may acquire that number.

    The Services are provided to you as-is and at your own risk

    The Services come with no express or implied warranties, except those that cannot be disclaimed under the law.

      The 13th Step DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The 13th Step makes no representation or endorsement about the function of the Services or any content available through the Services. The 13th Step has no responsibility or liability to you arising from your use of the Services. The 13th Step has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although The 13th Step may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. The 13th Step has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARD- LESS OF THE NATURE OF THE CAUSE OF ACTION, The 13th Step WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON
      OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF The 13th Step ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE AMOUNT YOU PAID The 13th Step, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT The 13th Step HAS BEEN INFORMED OF THE POSSIBLITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

      Applicable law and dispute resolution procedure.

      1. The laws of Washington, DC will govern these Terms and any dispute that arises between you and The 13th Step. You agree that all disputes related to these Terms or the Services will first be mediated, in good faith, within sixty (60) days of the demanding party’s provision of a written demand, unless expressly agreed otherwise in a signed writing. In the event that a full settlement is not achieved during mediation, you agree that any dispute, action or proceeding seeking to enforce any provision of, or based on any right arising out of these Terms or otherwise, shall then be settled exclusively by arbitration as set forth hereunder and you hereby waive the right to a jury trial before any court of competent jurisdiction.
      2. Jury Trial Waiver. IN USING THE SERVICES, YOU THEREBY WAIVE A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM BROUGHT OR ASSERTED BY EITHER YOU OR The 13th Step AGAINST THE OTHER ON ANY MATTERSWHATSOEVER RELATING TO OR ARISING OUT OF THE FORMATION OF AN AGREEMENT BETWEEN THE PARTIES BASED ON THESE TERMS.
      3. Requirement. All claims, controversies, disputes and other matters in question arising out of, or relating to these Terms, the breach hereof or the rights, privileges, responsibilities or duties between or among you and The 13th Step, shall be decided by confidential arbitration in Washington, DC, USA in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then existing, unless all parties to any such claim, controversy or dispute, or other matter in question, unanimously agree to the contrary. The provisions contained in this Paragraph shall be specifically enforceable under the prevailing arbitration law.
      4. Procedure. The arbitrator or arbitrators for any proceeding conducted hereunder shall be a person or persons with experience in the social media business, selected in accordance with the AAA’s Commercial Arbitration Rules then in effect. The parties will be entitled to conduct discovery in accordance with the provisions of Florida’s applicable code of civil procedure. The remedial authority of the arbitrator or arbitrators will be the same as, but no greater than, would be the remedial power of a court having jurisdiction over the Parties and their dispute. The arbitrator or arbitrators will render a written opinion based on Washington, DC law, and specifying an award, which will be final and binding upon the Parties.

      You affirm that you are competent to agree to be bound by this Agreement

      Meaning that you are over the age of 18 and, if applicable, have the consent of any designated guardian. Guardians should be aware that, in addition to the NSFW filters made available by The 13th Step, there are “Parental Control” products and features available on the market, which can help you tailor your child’s experience on our platform.

      The 13th Step cannot waive any right to enforce this Agreement

      Unless it does so expressly in writing. No waiver of any part of this Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this Agreement will be deemed a waiver of any kind.

      The 13th Step may modify the Terms of this Agreement

      In any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. As a matter of courtesy, The 13th Step endeavors to inform its community members of any such changes. These Terms supersede all prior agreements between you and The 13th Step pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by The 13th Step or anyone associated with The 13th Step, whether verbal or written, can modify or supplement the Terms of this Agreement unless the modification or supplement is stated expressly in writing by referring to this Agreement. If any of the Terms in the Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.

      Last Updated: January 3, 2023.