Effective: March 9, 2026 | Last Updated: July 2025
1.1. These Terms of Service ("Terms"), together with the Aliholly Privacy Policy, Creator Agreement (if applicable), and any supplemental terms, guidelines, rules, policies, or operating procedures posted on or referenced in the Aliholly platform (collectively, the "Agreement"), constitute a legally binding agreement between you ("User," "you," "your," or "yourself") and Aliholly LLC, a Wyoming limited liability company ("Aliholly," "Company," "we," "us," or "our"), governing your access to and use of the Aliholly website located at aliholly.com (the "Site"), all associated subdomains, the Aliholly streaming platform, mobile applications (if any), application programming interfaces ("APIs"), and all related services, features, content, applications, and products offered by Aliholly (collectively, the "Services" or "Platform").
1.2. BY ACCESSING, BROWSING, OR USING THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, REGISTERING AN ACCOUNT, SUBSCRIBING TO ANY PLAN, UPLOADING CONTENT, STREAMING CONTENT, OR CLICKING ANY BUTTON OR CHECKBOX INDICATING YOUR ACCEPTANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE THEREOF.
1.3. Aliholly reserves the right, at its sole and absolute discretion, to modify, amend, supplement, restate, or replace these Terms at any time and for any reason, with or without prior notice to you. Any modifications shall be effective immediately upon posting of the revised Terms on the Site, with an updated "Last Updated" date. It is your sole responsibility to review these Terms periodically for changes. Your continued access to or use of the Services following the posting of any modifications to these Terms shall constitute your binding acceptance of such modifications. If you do not agree to any modified Terms, your sole and exclusive remedy is to discontinue your use of the Services.
1.4. Aliholly may, at its sole discretion, provide notice of material changes to these Terms via email to the address associated with your account, via a notice posted on the Site, or through other reasonable means. However, Aliholly shall have no obligation to provide any such notice, and your failure to receive notice shall not affect the enforceability of any modified Terms.
1.5. These Terms incorporate by reference all policies, guidelines, and rules published on the Site, including but not limited to the Privacy Policy, Community Guidelines, Content Standards, Creator Program Terms, Acceptable Use Policy, and any other policies that may be adopted by Aliholly from time to time. In the event of any conflict between these Terms and any incorporated policy, these Terms shall control unless the incorporated policy expressly states otherwise.
2.1. The Services are intended solely for persons who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old, that you have the legal capacity and authority to enter into a binding agreement, and that your use of the Services does not violate any applicable law, regulation, or obligation. If you are accessing the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" and "your" shall include such entity.
2.2. To access certain features of the Services, you must register for an account ("Account"). During registration, you agree to: (a) provide true, accurate, current, and complete information as requested; (b) maintain and promptly update your Account information to keep it true, accurate, current, and complete; (c) maintain the security and confidentiality of your login credentials; (d) accept all responsibility for all activity that occurs under your Account, whether or not authorized by you; and (e) immediately notify Aliholly of any unauthorized use of your Account or any other breach of security.
2.3. Aliholly reserves the right to refuse registration, suspend, disable, deactivate, or terminate any Account at any time, for any reason or for no reason, with or without notice, at its sole and absolute discretion. You acknowledge and agree that Aliholly shall have no liability to you or any third party for any such refusal, suspension, disabling, deactivation, or termination. Without limiting the generality of the foregoing, Aliholly may suspend or terminate your Account if Aliholly determines, in its sole discretion, that: (a) you have violated any provision of these Terms; (b) your Account poses a security risk to the Services or any third party; (c) your Account may subject Aliholly to legal, regulatory, or reputational risk; (d) your Account has been inactive for an extended period; (e) continued maintenance of your Account is commercially impracticable; or (f) for any other reason that Aliholly deems appropriate.
2.4. You are solely responsible for all activity that occurs under your Account, regardless of whether such activity was authorized by you. Aliholly shall not be liable for any loss, damage, or expense arising from or related to unauthorized access to or use of your Account.
3.1. Aliholly may offer subscription plans ("Subscription Plans") that provide access to certain premium content, features, or services on the Platform. The specific content, features, pricing, and other details of each Subscription Plan are described on the Site and are subject to change at any time at Aliholly's sole discretion.
3.2. By purchasing a Subscription Plan, you authorize Aliholly (or its designated third-party payment processor, currently Stripe, Inc.) to charge your designated payment method on a recurring basis at the then-current subscription rate, plus any applicable taxes, surcharges, or fees, until you cancel your subscription or your Account is terminated. You acknowledge that the amount charged may vary from period to period due to changes in pricing, changes in applicable taxes, promotional offers, or other factors, and you authorize Aliholly to charge your payment method for such varying amounts.
3.3. ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. No refunds or credits will be provided for partial subscription periods, unused features, content removal, service interruptions, or any other reason, except as specifically required by applicable law. Aliholly reserves the right to offer refunds, credits, or other consideration on a case-by-case basis at its sole discretion, which shall not create any obligation to provide similar consideration in the future.
3.4. Aliholly reserves the right to change subscription pricing at any time, with or without notice. Aliholly will make reasonable efforts to provide at least thirty (30) days' notice of any price increase applicable to your existing Subscription Plan. Your continued use of the Services or failure to cancel your subscription after a price change takes effect constitutes your acceptance of the new price.
3.5. If your payment method fails, is declined, or is otherwise insufficient, Aliholly reserves the right to: (a) suspend or restrict your access to premium content and features; (b) retry the charge using your payment method on file; (c) contact you to obtain an alternative payment method; or (d) terminate your subscription and/or Account. You remain responsible for any uncollected amounts.
3.6. Aliholly may offer free trial periods, promotional pricing, or other special offers at its sole discretion. Such offers may be subject to additional terms and conditions. At the end of any free trial or promotional period, your subscription will automatically convert to a paid subscription at the then-current standard rate unless you cancel before the trial or promotional period ends. Aliholly reserves the right to limit, modify, or discontinue free trials and promotional offers at any time.
4.1. Aliholly Content. The Services, including all content, features, functionality, software, code, data, text, displays, graphics, photographs, images, video, audio, music, design, compilation, digital assets, trademarks, service marks, trade names, logos, domain names, and all other intellectual property and proprietary materials available through the Services that are not User Content (collectively, "Aliholly Content"), are owned by Aliholly, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted no right, title, or interest in or to any Aliholly Content except for the limited license expressly granted in these Terms.
4.2. User Content Defined. "User Content" means any and all content, including but not limited to films, videos, music, audio, images, photographs, graphics, text, comments, reviews, ratings, metadata, tags, descriptions, and other materials that a User submits, uploads, posts, publishes, transmits, streams, or otherwise makes available on or through the Services.
4.3. Ownership. As between you and Aliholly, you retain ownership of your User Content, subject to the rights and licenses granted in these Terms. Aliholly does not claim ownership of your User Content.
4.4. License Grant to Aliholly. By submitting, uploading, posting, publishing, transmitting, or otherwise making User Content available on or through the Services, you hereby grant to Aliholly a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicensees), transferable, and assignable license to: (a) use, host, store, cache, reproduce, copy, publish, distribute, display, perform, stream, transmit, broadcast, and make available your User Content, in whole or in part, in any format, media, or channel now known or hereafter developed; (b) modify, adapt, translate, create derivative works from, excerpt, compress, transcode, and reformat your User Content for any purpose, including but not limited to technical requirements, promotional materials, marketing campaigns, and platform optimization; (c) sublicense the foregoing rights to third parties, including but not limited to service providers, content delivery networks, distribution partners, marketing partners, and other users of the Services; (d) use your User Content, including any name, likeness, voice, or other personal attributes contained therein, for promotional, marketing, and advertising purposes in connection with the Services and Aliholly's business; (e) analyze, index, and use your User Content for the purpose of improving, training, developing, and enhancing the Services, including but not limited to machine learning models, artificial intelligence systems, recommendation algorithms, and data analytics; and (f) exercise all of the foregoing rights in connection with any current or future products, services, or business activities of Aliholly and its affiliates, successors, and assigns. This license continues even if you stop using the Services or your Account is terminated.
4.5. Content Representations and Warranties. You represent and warrant that: (a) you are the sole and exclusive owner of all User Content or have obtained all rights, licenses, consents, releases, permissions, and authority necessary to grant the rights granted herein and to authorize Aliholly to use your User Content as contemplated by these Terms; (b) your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, moral rights, or any other proprietary or personal rights; (c) your User Content does not contain any material that is defamatory, libelous, fraudulent, obscene, pornographic, threatening, harassing, hateful, racially or ethnically offensive, or otherwise objectionable or unlawful; (d) your User Content does not contain any viruses, malware, spyware, or other harmful or malicious code; (e) you have obtained all necessary releases, waivers, and permissions from any individuals appearing, depicted, or referenced in your User Content; and (f) your User Content complies with all applicable laws, rules, and regulations.
4.6. Content Removal and Modification. ALIHOLLY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO REVIEW, SCREEN, MONITOR, EDIT, MODIFY, REFUSE, REJECT, REMOVE, DELETE, DISABLE ACCESS TO, OR OTHERWISE MANAGE ANY USER CONTENT, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE, AT ITS SOLE AND ABSOLUTE DISCRETION. Without limiting the generality of the foregoing, Aliholly may remove or disable access to User Content that Aliholly determines, in its sole discretion: (a) violates these Terms or any Aliholly policy; (b) infringes or may infringe any third party's intellectual property or other rights; (c) is or may be harmful, offensive, threatening, abusive, harassing, defamatory, or otherwise objectionable; (d) poses a legal, regulatory, reputational, or security risk to Aliholly, the Services, or any third party; (e) is technically incompatible with or burdensome to the Services; or (f) for any other reason that Aliholly deems appropriate. You acknowledge and agree that Aliholly shall have no liability to you or any third party for any action or inaction with respect to User Content.
4.7. DMCA and Copyright Complaints. Aliholly respects the intellectual property rights of others and expects Users to do the same. Aliholly complies with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) and has designated a copyright agent with the U.S. Copyright Office. For full details on how to file a takedown notice, counter-notification, and our repeat infringer policy, please see our DMCA Policy.
4.8. Copyright Representations on Upload. By uploading any content to the Platform — including films, videos, music, audio tracks, images, or any other media — you represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and permissions for every element of the content, including but not limited to all music, sound recordings, audio compositions, visual elements, and third-party materials contained therein; (b) no element of your content infringes, misappropriates, or violates the copyright, trademark, or other intellectual property rights of any third party; (c) you have obtained all necessary synchronization licenses, mechanical licenses, master use licenses, and performance licenses for any music or audio included in your content; and (d) you accept full legal and financial responsibility for any copyright claims, disputes, or litigation arising from your content, and you agree to indemnify and hold harmless Aliholly from any and all claims, damages, costs, and expenses (including reasonable attorneys' fees) resulting from your breach of these representations.
4.9. Content Scanning. Aliholly employs proactive technical measures, including but not limited to audio fingerprinting, perceptual video hashing, and metadata analysis, to detect potentially infringing content. Content flagged by these systems may be held for review, rejected, or removed at Aliholly's sole discretion, before or after publication. The existence of these measures does not create any obligation on Aliholly's part to detect or prevent all instances of infringement.
4.10. Repeat Infringer Policy. In accordance with 17 U.S.C. § 512(i), Aliholly maintains a repeat infringer policy. Users who receive three valid copyright strikes will have their accounts permanently terminated and will be banned from creating new accounts. Aliholly reserves the right to terminate any account for a single instance of willful, egregious, or commercial-scale infringement. Full details are available in our DMCA Policy.
5.1. Program Description. Aliholly may, at its sole and absolute discretion, offer a creator program (the "Creator Program") through which selected Users ("Creators") may upload content to the Platform and may be eligible to participate in revenue sharing or other compensation arrangements. The Creator Program, its terms, conditions, features, benefits, and requirements are subject to change, modification, suspension, or termination at any time, for any reason, at Aliholly's sole discretion.
5.2. Eligibility and Acceptance. Participation in the Creator Program is by application or invitation only and is subject to acceptance by Aliholly at its sole and absolute discretion. Aliholly reserves the right to accept or reject any application for any reason or for no reason. Acceptance into the Creator Program does not guarantee any particular tier, benefits, compensation, revenue share, exposure, promotion, or other results.
5.3. Revenue Share — Sole Discretion. ALIHOLLY MAY, AT ITS SOLE AND ABSOLUTE DISCRETION, OFFER REVENUE SHARING TO CREATORS PARTICIPATING IN THE CREATOR PROGRAM. ANY AND ALL REVENUE SHARE RATES, CALCULATION METHODOLOGIES, PAYMENT AMOUNTS, PAYMENT SCHEDULES, MINIMUM THRESHOLDS, ELIGIBILITY CRITERIA, AND OTHER TERMS RELATING TO REVENUE SHARING ARE DETERMINED EXCLUSIVELY BY ALIHOLLY AT ITS SOLE AND ABSOLUTE DISCRETION AND MAY BE MODIFIED, ADJUSTED, REDUCED, SUSPENDED, OR TERMINATED AT ANY TIME, FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE. PUBLISHED OR COMMUNICATED REVENUE SHARE RATES (INCLUDING BUT NOT LIMITED TO REFERENCES TO SPECIFIC PERCENTAGES SUCH AS "UP TO 70%") ARE INDICATIVE ONLY, ARE NOT BINDING COMMITMENTS, AND DO NOT CREATE ANY CONTRACTUAL, EQUITABLE, OR OTHER OBLIGATION ON THE PART OF ALIHOLLY TO PAY ANY SPECIFIC AMOUNT OR PERCENTAGE.
5.4. No Obligation to Pay. YOU ACKNOWLEDGE AND AGREE THAT ALIHOLLY HAS NO LEGAL, CONTRACTUAL, OR OTHER OBLIGATION TO MAKE ANY PAYMENTS, DISTRIBUTIONS, OR DISBURSEMENTS TO ANY CREATOR OR USER UNDER THE CREATOR PROGRAM OR OTHERWISE. Any payments made under the Creator Program are made voluntarily by Aliholly as a discretionary benefit and do not create any vested right, entitlement, expectation, or obligation for future payments of any kind. Aliholly reserves the right to withhold, delay, offset, reduce, recoup, or cancel any payment for any reason or for no reason, including but not limited to: (a) suspected or actual fraud, abuse, or manipulation of Platform metrics; (b) violation of these Terms, the Creator Agreement, or any Aliholly policy; (c) pending investigation or dispute; (d) legal, regulatory, or compliance requirements; (e) insufficient funds, economic hardship, or commercial impracticability; (f) Creator's failure to provide required tax documentation or payment information; (g) inaccuracies in Platform analytics or calculation errors; or (h) any other reason Aliholly deems appropriate in its sole discretion. Withheld or cancelled payments may be permanently forfeited at Aliholly's sole discretion.
5.5. Payment Calculations. Revenue share amounts, if any, are calculated based on methodologies determined by Aliholly at its sole discretion, which may include but are not limited to: watch time attribution, view counts, subscriber allocation, content performance metrics, and other factors. Aliholly's determination of all calculations, metrics, and resulting payment amounts shall be final, binding, and conclusive. Aliholly shall have no obligation to disclose proprietary calculation methodologies, algorithms, or internal data to Creators or any third party.
5.6. Taxes. Creators are solely responsible for all applicable federal, state, local, and foreign taxes, duties, assessments, and other governmental charges of any kind on any payments received under the Creator Program. Creators agree to provide Aliholly with any tax documentation reasonably requested, including but not limited to IRS Forms W-9, W-8BEN, or W-8BEN-E, as applicable. Aliholly may withhold taxes from payments as required by applicable law and may refuse to process payments until required tax documentation is received.
5.7. Creator Termination. Aliholly may remove any Creator from the Creator Program, revoke Creator status, remove Creator Content, withhold or cancel pending payments, and terminate Creator's Account at any time, for any reason or for no reason, with or without cause, with or without notice, at its sole and absolute discretion. Upon such termination, Creator shall have no claim to any unpaid, pending, accrued, or future payments, except to the extent Aliholly determines, in its sole discretion, that payment of any undisputed balance is appropriate.
6.1. You agree that you will not, and will not permit any third party to: (a) use the Services for any purpose that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; (b) violate any applicable local, state, national, or international law, statute, ordinance, rule, regulation, or ethical code; (c) upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, right of privacy, right of publicity, moral right, or other intellectual property or proprietary right of any party; (d) upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or racially, ethnically, or otherwise objectionable; (e) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; (g) upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (h) upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation; (i) upload, post, transmit, or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, limit, or monitor the functionality of any computer software, hardware, or telecommunications equipment; (j) interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (k) access or attempt to access any portion of the Services, other users' accounts, or any other systems or networks connected to the Services, through hacking, password mining, or any other unauthorized means; (l) use any robot, spider, scraper, crawler, or other automated means or interface not provided or authorized by Aliholly to access the Services or to extract, collect, harvest, or mine data from the Services; (m) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure, ideas, know-how, or algorithms of the Services or any software, documentation, or data related to the Services; (n) modify, translate, adapt, or create derivative works based upon the Services or any part thereof, except as expressly permitted by these Terms; (o) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services or any content therein; (p) take any action that imposes or may impose (as determined by Aliholly in its sole discretion) an unreasonable or disproportionately large load on Aliholly's infrastructure; (q) use the Services to store or transmit malicious code; (r) manipulate or artificially inflate views, watch time, engagement metrics, subscriber counts, or any other Platform statistics through any means, including but not limited to bots, scripts, automated tools, click farms, paid engagement services, or coordinated inauthentic behavior; (s) attempt to circumvent, manipulate, or disable any security features, access controls, usage limits, or other protective measures of the Services; (t) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services; or (u) encourage, facilitate, or assist any third party in doing any of the foregoing.
6.2. Liquidated Damages. You agree that, to the extent permitted by applicable law, if you access, scrape, crawl, or otherwise extract data from the Services in violation of these Terms, or if you knowingly facilitate others in doing so, you shall be liable to Aliholly for liquidated damages in the amount of fifteen thousand United States dollars ($15,000) per one million (1,000,000) page views, API calls, or data requests made in violation of these Terms. You agree that these amounts represent a reasonable estimate of Aliholly's damages, which would be difficult to calculate precisely, and are not a penalty.
7.1. The Services may contain links, integrations, or references to third-party websites, applications, services, content, or resources (collectively, "Third-Party Services") that are not owned, operated, or controlled by Aliholly. Aliholly does not endorse, sponsor, recommend, or assume any responsibility for any Third-Party Services, their content, their privacy practices, their terms of service, or any products or services offered by or through them.
7.2. Your use of any Third-Party Services is at your sole risk and is subject to the terms and conditions and privacy policies applicable to such Third-Party Services. Aliholly shall have no liability to you or any third party for any loss, damage, cost, or expense arising from or related to your use of or reliance on any Third-Party Services.
8.1. THE SERVICES, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
8.2. WITHOUT LIMITING THE FOREGOING, ALIHOLLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "ALIHOLLY PARTIES") MAKE NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (F) THE SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS; (G) ANY CONTENT WILL REMAIN AVAILABLE ON THE SERVICES; OR (H) THE SERVICES WILL GENERATE ANY SPECIFIC REVENUE, INCOME, PROFITS, OR OTHER FINANCIAL RESULTS FOR ANY USER OR CREATOR.
8.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALIHOLLY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS, INCLUDING ALL USER CONTENT, THAT YOU ACCESS THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE ALIHOLLY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; (B) LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, OR ANTICIPATED SAVINGS; (C) LOSS OF DATA, USE, OR CONTENT; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; (E) BUSINESS INTERRUPTION; (F) LOSS OF BUSINESS OPPORTUNITY; (G) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (H) ANY OTHER DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ANY ALIHOLLY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL ALIHOLLY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR YOUR USE THEREOF, SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO ALIHOLLY FOR THE SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.3. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ALLEGED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND SHALL APPLY EVEN IF THE ALIHOLLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10.1. You agree to defend, indemnify, and hold harmless the Aliholly Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees, court costs, and expert witness fees) arising out of or relating to: (a) your use of or access to the Services; (b) your User Content; (c) your violation of these Terms or any applicable law, rule, regulation, or third-party right; (d) any dispute or issue between you and any third party; (e) your participation in the Creator Program; (f) any tax liability arising from payments you receive through the Creator Program; or (g) your negligence, willful misconduct, or fraud. Aliholly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Aliholly's defense of such claim.
11.1. Binding Arbitration. EXCEPT AS EXPRESSLY PROVIDED BELOW, ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, YOUR RELATIONSHIP WITH ALIHOLLY, OR ANY OTHER MATTER RELATING TO ALIHOLLY (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN A COURT, IN ACCORDANCE WITH THE THEN-CURRENT CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE CONDUCTED IN WYOMING, UNITED STATES. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
11.2. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND ALIHOLLY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, CONSOLIDATED, MULTI-DISTRICT, OR REPRESENTATIVE PROCEEDING. YOU AND ALIHOLLY EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND ALIHOLLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
11.3. Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ALIHOLLY EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY AND ALL DISPUTES.
11.4. Statute of Limitations. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE PERMANENTLY BARRED. This limitation applies regardless of the form of action, whether the claim is based in contract, tort, statute, or otherwise.
11.5. Small Claims Exception. Notwithstanding the foregoing, either party may seek relief in a small claims court of competent jurisdiction for Disputes within the jurisdictional limits of such court.
11.6. Injunctive Relief. Notwithstanding the foregoing, Aliholly may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain any actual or threatened infringement, misappropriation, or violation of Aliholly's intellectual property rights, confidential information, or any other proprietary rights.
12.1. These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law provisions, choice of law rules, or principles of comity. Any legal action or proceeding not subject to arbitration under Section 11 shall be brought exclusively in the state or federal courts located in the State of Wyoming, and you irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or any other basis.
13.1. Entire Agreement. These Terms, together with the Privacy Policy, Creator Agreement (if applicable), and all other policies, guidelines, and agreements incorporated by reference herein, constitute the entire agreement between you and Aliholly with respect to the Services and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, whether written or oral, between you and Aliholly.
13.2. Severability. If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
13.3. No Waiver. The failure of Aliholly to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Aliholly.
13.4. Assignment. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Aliholly. Aliholly may freely assign, transfer, delegate, or sublicense these Terms or any of its rights or obligations hereunder without restriction and without notice to you.
13.5. Force Majeure. Aliholly shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond Aliholly's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, epidemics, power outages, internet or telecommunications failures, cyber attacks, labor disputes, or any other similar events.
13.6. Headings. The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
13.7. Survival. All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to Sections 4 (Content and Intellectual Property), 5 (Creator Program), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution), 12 (Governing Law), and 13 (General Provisions).
13.8. Notices. Aliholly may provide notices to you via email, regular mail, or postings on the Site. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
13.9. Independent Contractors. The relationship between you and Aliholly is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and Aliholly.
13.10. Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except that Aliholly's affiliates, officers, directors, employees, and agents are intended third-party beneficiaries of the indemnification, limitation of liability, and disclaimer provisions of these Terms.
14.1. Aliholly reserves the right, at its sole and absolute discretion, to modify, update, enhance, suspend, restrict, or discontinue any or all of the Services, or any features, content, functionality, or components thereof, at any time, temporarily or permanently, with or without notice to you. Aliholly shall have no liability to you or any third party for any modification, suspension, restriction, or discontinuance of the Services or any part thereof.
14.2. You acknowledge and agree that the Services are continuously evolving and that the form, nature, and features of the Services may change from time to time without prior notice. Aliholly may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
If you have any questions, concerns, or complaints regarding these Terms or the Services, you may contact us at:
Aliholly LLC
Email: [email protected]
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Questions? Contact [email protected]