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Terms and Conditions

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This is a legal agreement ("Agreement") between you and 828 Confession Line ("828 Confession Line”, “us”, “our”, or “we”). This Agreement applies to the access and use of the 828 Confession Line website(s), 828 Confession Line voicemail, 828 Confession Line social media platforms and the 828 Confession Line podcast, including each website’s mobile and online versions (each, a “Website” or the “Websites”) and to the download and use of any of our applications (including iOS and Android applications) (the ” Applications”), and registration to or use of any of the service(s) provided by us through the aforementioned platforms (collectively, with the Websites and Applications, each, a “Service” or the “Services”). By using any of the Confession Line Service(s), you agree to, and are bound by, these terms and conditions of service of this Agreement (including the Privacy Policy) for as long as you continue to use the Confession Line Service(s). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE CONFESSION LINE SERVICE(S). Your use of, or participation in, certain Confession Line Service(s) may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Confession Line Service(s) and which are incorporated into and form part of this Agreement.

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The Confession Line Service(s) consists of the following, without limitation: a platform for people to record an audio confession of transgressions (the “Confession Line Service(s)”), which could be replayed to the public on the 828 Confession Line podcast or any of its website(s) and social media platforms, and any additional service(s) currently offered, or which will be offered in the future by or on behalf of 828 Confession Line. We may offer new services or revise any of the Confession Line Service(s), at its discretion, and this Agreement will apply to all additional service(s) or revised Confession Line Service(s). We also reserve the right to cease offering any of the Confession Line Service(s).

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This Agreement is subject to change by 828 Confession Line in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement on this page. Your continued use of the Confession Line Service(s) after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

 

1. Eligibility

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  • You must be at least 18 years old to use the Confession Line Service(s). By using the Confession Line Service(s), you represent and warrant that you are at least 18 years old.

  • You must assume all responsibility for the content you provide the Confession Line Service(s), including but not limited to any safety and/or anonymity risks that may arise because of your use of the Service(s) within this Agreement. By using the Confession Line Service(s), you represent and warrant that you assume all responsibility for the content you provide the Confession Line Service(s).

  • 828 Confession Line does not currently conduct criminal background screenings on its callers. However, to the extent permissible by applicable law, 828 Confession Line will comply with any criminal investigation brought upon us through information you knowingly or unknowingly reveal during any use of the Confession Line Service(s) mentioned in this Agreement. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH INVESTIGATION IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.

 

2. Use of the Service(s)

 

As a user of any of the Confession Line Service(s), you agree to the following:

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  • 828 Confession Line is not toll free, but the recording to the Confession Line platform is free. However, local phone service charges may apply.

  • By use of the Confession Line Service(s), you authorize us to publish, to the public, the content you provide, in its entirety or portions of, through any and/or all of the listed or unlisted platforms and Service(s), and/or any platform or Service(s) offered in the future or on the behalf of us, in this Agreement; including but not limited to the 828 Confession Line website(s), podcasts, social media and any platforms offered in the future or on the behalf of us.

  • Please note that by use of the Confession Line Service(s), you waive any right to inspect, review or approve the content you provide, plus you authorize us to use your voice, the content and/or any information recorded, whether that use is known or unknown to you, at our sole discretion. Furthermore, we may edit, omit, cut and/or enhance any portion of your recording to fit the Confession Line Service(s) as further set out in this Agreement.

  • Also note that by use of the Confession Line Service(s), you waive any rights to royalties or other compensation arising from or related to the use of the content you provide. In addition, you release the exclusive publishing rights of the recorded content to us; therefore, you may not authorize, assign or otherwise transfer the content to any other person or entity, except if previously agreed to by us. You acknowledge that we are not responsible for third-party access to your content that could result in anyone or entity gaining information about you that you knowingly or unknowingly provide.

  • To the extent permitted by law, you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Confession Line Service(s); (ii) the information and content you disclose, transmit, publish, or otherwise make available (hereinafter "post") through the Confession Line Service(s); and (iii) your interactions with other Users through the Confession Line Service(s). You warrant and represent that all information provided to us through the Confession Line Service(s) or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes. Details of how we may use information you provide or post which is personal to you are set out in our Privacy Policy.

  • You agree to take all necessary safety precautions when contacting and/or providing content to/through the Confession Line Service(s). You also assume all responsibility when using the Confession Line Service(s), including but not limited to all risks associated with any online or offline interactions with others. In addition, you agree to not disclose any personal information you or anyone else may deem detrimental to your safety and/or anonymity through content you provide the Confession Line Service(s). You also agree to not disclose any information on others that you or anyone else may deem as detrimental to their safety and/or anonymity. Furthermore, you agree to assume all responsibility for any content you provide 828 Confession Line that anyone may deem detrimental to the safety and/or anonymity of anyone named, implied, suggested, mentioned, insinuated, involved and/or overall hinted to, including but not limited to birth names, nick names, pet names, code names, phone numbers, addresses, email addresses, personal website addresses or third-party profile pages and/or any other personal identifying factors you disclose.

  • You will not receive a copy of your recording, but you may download and/or record any portion of your recording we have published and/or made public through any platform or Confession Line Service(s) offered in the future or on the behalf of us, listed or unlisted in this Agreement; including but not limited to the 828 Confession Line website(s), podcasts, social media and any platforms offered in the future or on the behalf of us.

  • The Confession Line Service(s) is accessible worldwide; however, we reserve the right to not provide or stop providing the Confession Line Service(s) in any jurisdiction at any time in its sole discretion. You will only use the Confession Line Service(s) in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Confession Line Service(s), you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Confession Line Service(s) are prohibited. Use of the Confession Line Service(s) is void where prohibited by any such laws or regulations. You are responsible for determining whether the use of the Confession Law Service(s) is legal in your jurisdiction.

  • 828 Confession Line may not publish everyone who uses the Confession Line Service(s). Furthermore, we make no guarantees as to the number or frequency of confessions through the Confession Line Service(s) that actually get published. You understand that we make no guarantees, either expressed or implied, regarding your use of the Confession Line Service(s), that the content you provide or any version or portion of will actually get published.

  • 828 Confession Line reserves the right, but has no obligation, to monitor the information or material you submit to the Confession Line Service(s) or post in the public areas of the Confession Line Service(s). We will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the reasonable request of any third-party.

  • You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Confession Line Service(s), that:

    • ​promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    • is intended to or tends to abuse, harass, threaten or intimidate any other users of the Confession Line Service(s);

    • is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;

    • infringes the intellectual property right of 828 Confession Line or any third-party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);

    • contains video, audio, photographs, or images of another person(s);

    • promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;

    • is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Confession Line Service(s);

    • contains viruses, ransomware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

    • promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

    • disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;

    • is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Confession Line Service(s);

    • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

    • solicits gambling or engages in any gambling or similar activity;

    • uses scripts, bots or other automated technology to access the Confession Line Service(s);

    • uses the Confession Line Service(s) for chain letter, junk mail or spam e-mails;

    • collects or solicits personal information about anyone under 18; or

    • is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

 

  • You will not advertise or solicit any user to buy or sell any products or services on or through the Confession Line Service(s). You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Confession Line Service(s) in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Confession Line Service(s), you acknowledge that you will have caused substantial harm to 828 Confession Line. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay us $50 USD for each such unsolicited communication you send through the Confession Line Service(s).

  • You will not harass, annoy, intimidate or threaten any 828 Confession Line employees or agents engaged in providing any portion of the Confession Line Service(s) to you.

  • In addition to any 828 Confession Line information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of ours and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Confession Line Service(s) or used to receive content from, or deliver content to the Confession Line Service(s), and all documentation relating thereto; (ii) all financial information relating to 828 Confession Line or its affiliates; and (iii) all Service plans of 828 Confession Line or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that we take reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third-party in engaging in any activity, or attempt in any way, or assist any third-party in attempting in any way, to: (v) discover or use any trade secrets of 828 Confession Line without our prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Confession Line Service(s) or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Confession Line Service(s) to protect the Confession Line Service(s) or any data, hardware, software or server used in connection with it.

  • You agree not to, and warrant and represent that you will not assist any third-party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Confession Line Service(s) through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by us.

 

3. Proprietary Rights

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  • You hereby acknowledge and agree that 828 Confession Line is the owner or licensee of highly valuable proprietary information accessible on or through the Confession Line Service(s), including without limitation, the content you provide to the Confession Line Service(s) (collectively, "Confidential Information"). 828 Confession Line owns and hereby retains all proprietary rights in the Confession Line Service(s), including but not limited to, all Confidential Information.

  • You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Confession Line Service(s), without first obtaining the prior written consent of the owner of such proprietary rights.

  • Other Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any 828 Confession Line or third-party proprietary information available via the Confession Line Service(s).

  • By posting information or content to any public area of the Confession Line Service(s), or making it accessible to us by linking your social network accounts (e.g. Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to 828 Confession Line and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Confession Line Service(s) in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

 

4. User Information

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  • We will only use your information in accordance with these Terms and Conditions of Service and our Privacy Policy. You acknowledge that we may share your personal information with third parties employed to provide some or all of the Confession Line Service(s). By using the Confession Line Service(s), you consent to this transfer of your personal information. For information about the collection, use and possible disclosure of information and material provided by you, please click on our Privacy Policy located on the Confession Line Service(s). By using the Confession Line Service(s), you are consenting to the terms of our Privacy Policy.

  • You acknowledge and agree that we may disclose information you provide in accordance with our Privacy Policy, including, if required to do so by law, at the request of certain third-parties, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend 828 Confession Line’s, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.

  • Notwithstanding any other provision of this Agreement or the Privacy Policy, we reserve the right, but have no obligation, to disclose any information that you submit to the Confession Line Service(s), if in its sole opinion, we suspect or have reason to suspect the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information, including personal information, may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure, provided that such disclosure is pursuant to applicable law. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we are permitted to make such disclosure.

  • As set forth in our Privacy Policy, by using the Confession Line Service(s), you agree to allow us to anonymously use the information from you and your experiences through the Confession Line Service(s) to continue our research into the user’s successful experiences with and to improve the Confession Line Service(s).

 

5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors

 

828 Confession Line does not currently advertise any third-party goods or services and do not contain links to third-party websites. However, we reserve the rights to advertise on the Confession Line Service(s) and include third-party website links on the Confession Line Service(s), including without limitation, advertisers, which we are not in control of, and not responsible for. We will provide these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party website(s). Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes or other promotion sponsors found on or through the Confession Line Service(s) (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes or promotion sponsor. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to us with advertisers or sweepstakes or promotion sponsors, or as the result of the presence of such advertisers on the Confession Line Service(s). Please visit our Privacy Policy to learn more about our personal information handling practices.

 

6. Disclaimer of Warranty

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  • THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. 828 CONFESSION LINE PROVIDES THE CONFESSION LINE SERVICE(S) ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE CONFESSION LINE SERVICE(S) (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE CONFESSION LINE SERVICE(S) WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE CONFESSION LINE SERVICE(S) WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE CONFESSION LINE SERVICE(S). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT THE CONFESSION LINE SERVICE(S) WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.

  • Opinions, advice, statements, offers, or other information or content made available through the Confession Line Service(s), but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 828 CONFESSION LINE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE CONFESSION LINE SERVICE(S), OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN OURSELVES. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE CONFESSION LINE SERVICE(S), OR TRANSMITTED TO OR BY ANY USERS.

  • From time to time, we may offer new "beta" features or tools with which its users may experiment on the Confession Line Service(s). Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.

 

7. Limitation of Liability

 

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE CONFESSION LINE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, CONFESSION LINE SERVICE(S) INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL 828 CONFESSION LINE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE CONFESSION LINE SERVICE(S).

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE CONFESSION LINE SERVICE(S), INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH ANYONE, INCLUDING OTHER USERS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE CONFESSION LINE SERVICE(S).

  • 828 Confession Line may, but is not required to, use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that we will have no liability to you arising from any incorrectly verified information.

 

8. Indemnification

 

  • To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless 828 Confession Line and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Confession Line Service(s), (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by us. We reserve the right, at our 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 us in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE CONFESSION LINE SERVICE(S) OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ANY OTHER APPLICABLE LAW OR STATUTE): “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

9. Complaints / Law Enforcement Contact

 

To resolve a complaint regarding the Confession Line Service(s) and/or for Law enforcement officials sending correspondence (such as subpoenas, court orders and warrants) email requests to 828confessline@gmail.com.

 

10. Communication and Privacy

 

We may use the email address associated with your account to send you messages, including notifications of important changes to the Confession Line Service(s), special offers. Furthermore, we may contact you by telephone in order to communicate with you regarding the Confession Line Service(s). If you do not want to receive certain email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

 

11. Term and Termination

 

This Agreement will become effective upon your acceptance of the Agreement by your use of the Confession line Service(s) and will remain in effect in perpetuity unless terminated hereunder.

We reserve the right to immediately suspend or terminate your access to any of the Confession Line Service(s), without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Confession Line Service(s) and any other records if your account and/or access to the Confession Line Service(s) is terminated. Following any termination of your Confession Line Service(s) due to violation of our Agreement, we reserve the right to send a notice thereof to other Users which whom you have corresponded.

 

12. Governing Law & Venue

 

Unless prohibited by local law, this Agreement is governed by the laws of the State of Mississippi, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 15 of this Agreement shall be governed by the Federal Arbitration Act. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section 15) is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in Jackson, MS to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Mississippi law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.

 

13. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver

 

  • This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement") facilitates the prompt and efficient resolution of any Disputes that may arise between you and 828 Confession Line. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

  • Please read this Arbitration Agreement carefully. It provides that all Disputes between you and 828 Confession Line shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).

  • For the purpose of this Arbitration Agreement, “us, our, we” means 828 Confession Line and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and 828 Confession Line regarding any aspect of your relationship with 828 Confession Line, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.

  • YOU AND 828 CONFESSION LINE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

  • For all Disputes you must first give us an opportunity to resolve the Dispute. You must commence this process by emailing written notification to 828confessline@gmail.com. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute to your satisfaction within 45 days after we receive your written notification, you may pursue your Dispute in arbitration.

  • If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or us may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

  • For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

  • Because your Agreement with us and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

  • The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

  • You may initiate arbitration in Jackson, MS, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.

  • Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), we will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from us your actual and reasonable attorney’s fees and costs as determined by the arbitrator.

  • The parties agree that the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and us specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other User of the Confession Line Service(s), can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.

  • You understand and agree that, by entering into this Arbitration Agreement, you and 828 Confession Line are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and us might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

  • If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

  • This Arbitration Agreement shall survive the termination of your Agreement with 828 Confession Line and your use of the Confession Line Service(s).

 

14. General Provisions

 

  • Violation of this Agreement may cause us irreparable harm, and therefore agree that we will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of this Agreement.

  • This Agreement, which you accept upon use of the Confession Line Service(s), the Privacy Policy located on the Service(s), and any additional Services terms, comprise the entire agreement between you and 828 Confession Line regarding the use of the Confession Line Service(s), superseding any prior agreements between you and us related to your use of the Confession Line Service(s) (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your use of the Confession Line Service(s). Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

15. Digital Millennium Copyright Act Notice

 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Confess Line Service(s), please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

 

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  • Identification of the copyrighted work that you claim is being infringed;

  • Identification of the material that is claimed to be infringing and where it is located on the Service(s);

  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

The above information must be submitted to the following DMCA Agent:

 

Designated Copyright Agent
828 Confession Line
828confessline@gmail.com

 

16. Revision Date

 

This Agreement was last revised on November 6, 2021.

Copyright © 2024 828 Confession Line. All Rights Reserved. 828 Confession Line and other marks, colors, and images are trademarks of 828 Confession Line. Other trademarks and brands are the property of their respective owners.

 

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