Terms of Service
Last updated May 7, 2026
CELEBRITY RESPONSE LLC
https://celebrityresponse.app
Last Updated: May 7, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and CELEBRITY RESPONSE LLC, an Ohio limited liability company with its principal place of business at 131 19th St, Toledo, Ohio 43604 ("Celebrity Response," "we," "us," or "our"). By accessing or using the Celebrity Response platform, website, web application, mobile applications (iOS and Android), or any related services (collectively, the "Platform"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 16, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
- Company Information
- The Platform is owned and operated by Celebrity Response LLC, an Ohio limited liability company.
- Our principal place of business is located at 131 19th St, Toledo, Ohio 43604.
- For questions or concerns regarding these Terms, you may contact us at info@celebrityresponse.app.
- Platform Description
- Celebrity Response is a social media, content, and entertainment platform available via web app (celebrityresponse.app), iOS, and Android that facilitates connections between users ("Users") and content creators ("Creators"). The Platform combines social networking, creator monetization, music streaming, and marketplace features. Through the Platform, Users and Creators may:
- post, share, and engage with text, image, video, audio, and other content, including liking, commenting, and interacting in a social media environment;
- participate in or host live sessions ("Online Party"), including live video, audio, and interactive broadcasts;
- subscribe to Creators through monthly subscription tiers, purchase paid messages and direct messages, access one-time paid content, and engage in other paid interactions using in-app Credits;
- submit Deal requests to Creators, which may include requests for features, services, or any other offering a Creator may provide through the Platform;
- request a Book a Call session with a Creator, subject to that Creator's availability and acceptance;
- earn and redeem Creator-specific reward points in accordance with Section 6;
- upload, distribute, stream, and access music and other audio content, including music uploaded by Creators or their authorized representatives;
- browse and purchase items through a Creator's Shop;
- request and attend In-Person Party events organized by Creators; and
- purchase in-app Credits via in-app purchase, which may be used toward paid messages, live sessions, one-time content, and other in-platform interactions as made available from time to time.
- Celebrity Response acts solely as a marketplace intermediary that provides the technology infrastructure enabling interactions between Users and Creators. Celebrity Response is NOT a party to any transaction, agreement, or arrangement between Users and Creators. All purchases made through the Platform are transactions between the User and the Creator, with Celebrity Response serving only as the payment facilitator.
- Celebrity Response does not guarantee, endorse, or assume responsibility for the performance, availability, quality, legality, or suitability of any Creator, their content, their services, or any product or experience offered through the Platform.
- post, share, and engage with text, image, video, audio, and other content, including liking, commenting, and interacting in a social media environment;
- participate in or host live sessions ("Online Party"), including live video, audio, and interactive broadcasts;
- subscribe to Creators through monthly subscription tiers, purchase paid messages and direct messages, access one-time paid content, and engage in other paid interactions using in-app Credits;
- submit Deal requests to Creators, which may include requests for features, services, or any other offering a Creator may provide through the Platform;
- request a Book a Call session with a Creator, subject to that Creator's availability and acceptance;
- upload, distribute, stream, and access music and other audio content, including music uploaded by Creators or their authorized representatives;
- Celebrity Response acts solely as a marketplace intermediary that provides the technology infrastructure enabling interactions between Users and Creators. Celebrity Response is NOT a party to any transaction, agreement, or arrangement between Users and Creators. All purchases made through the Platform are transactions between the User and the Creator, with Celebrity Response serving only as the payment facilitator.
- Celebrity Response does not guarantee, endorse, or assume responsibility for the performance, availability, quality, legality, or suitability of any Creator, their content, their services, or any product or experience offered through the Platform.
- Celebrity Response is a social media, content, and entertainment platform available via web app (celebrityresponse.app), iOS, and Android that facilitates connections between users ("Users") and content creators ("Creators"). The Platform combines social networking, creator monetization, music streaming, and marketplace features. Through the Platform, Users and Creators may:
- User Accounts
- Age Requirement
You must be at least eighteen (18) years of age to create an account on or use the Platform. By creating an account, you represent and warrant that you are at least eighteen (18) years old. The Platform is not intended for individuals under the age of eighteen (18). If we discover or have reason to believe that an account holder is under eighteen (18) years of age, we reserve the right to immediately terminate that account without notice or liability.
- Account Registration
To access certain features of the Platform, you must register for an account. When registering, you agree to:
- provide accurate, current, and complete information;
- maintain and promptly update your account information to keep it accurate, current, and complete;
- maintain the security and confidentiality of your login credentials;
- accept responsibility for all activities that occur under your account; and
- immediately notify us at info@celebrityresponse.app if you suspect any unauthorized use of your account.
- Account Security
You are solely responsible for maintaining the confidentiality of your account credentials. Celebrity Response shall not be liable for any loss or damage arising from your failure to maintain the security of your account. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised.
- User Conduct
- You agree that you shall not use the Platform to:
- violate any applicable federal, state, local, or international law or regulation;
- post, upload, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- engage in any activity that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform;
- attempt to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform;
- use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express prior written consent;
- solicit personal information from anyone under the age of eighteen (18);
- harvest or collect email addresses or other contact information of other users by electronic or other means for the purpose of sending unsolicited communications;
- post or transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
- upload or transmit viruses, worms, or any other malicious code or software designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform; or
- encourage or enable any other individual to do any of the foregoing.
- Celebrity Response reserves the right, but has no obligation, to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms, including without limitation removing offending content, suspending or terminating the account of such violators, and reporting such conduct to law enforcement authorities.
- You agree that you shall not use the Platform to:
- Creator Content and Monetization
- Creator Responsibility
Creators are solely responsible for all content they create, upload, publish, or distribute through the Platform ("Creator Content"). Celebrity Response does not create, control, endorse, or assume any responsibility for Creator Content. Creators represent and warrant that they have all rights, licenses, and permissions necessary to post their content and to grant the licenses described in Section 10.2 of these Terms.
- Safe Harbor and Platform Immunity
Celebrity Response is a provider of an interactive computer service within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. Section 230). To the fullest extent permitted by law, Celebrity Response shall not be treated as the publisher or speaker of any content provided by Users or Creators. Celebrity Response shall not be liable for any claims arising from content posted, uploaded, or transmitted by Users or Creators.
- Content Moderation
Celebrity Response reserves the right, in its sole and absolute discretion, to review, edit, refuse to post, or remove any content on the Platform at any time, for any reason or for no reason, without prior notice or liability. Celebrity Response is under no obligation to monitor all content posted to the Platform, but may do so at its discretion. If content is reported to Celebrity Response, we may, but are not required to, review such content and take action as we deem appropriate.
- Creator Monetization
Creators may monetize their presence on the Platform through multiple revenue streams, including but not limited to: monthly subscription tiers, paid messages and direct messages, live sessions (Online Party), one-time paid content, Deals, Book a Call sessions, In-Person Party events, and Shop sales. Certain in-platform purchases by Users are made using in-app Credits, which are a platform currency purchased via in-app purchase. Creators receive payouts for their earnings at rates communicated separately to Creators through the Creator dashboard or separate Creator agreements. Celebrity Response deducts applicable platform fees from Creator earnings before payout, as disclosed in the Creator dashboard. All transactions between Users and Creators are solely between those parties. Celebrity Response facilitates payment processing but is not responsible for any disputes between Users and Creators regarding the quality, delivery, or nature of Creator content or services.
- Rewards System
- Celebrity Response offers a Creator-specific reward points program through the Platform. Each Creator may establish and administer their own points program for their subscribers and followers. Points programs are individually managed by each Creator and may vary in terms of earning rates, redemption values, and availability.
- Reward points:
- have no cash value and may not be redeemed for cash;
- are not transferable between accounts or between different Creators' points programs;
- may only be redeemed in accordance with rules set by the individual Creator who issued the points, and may be used to offset the cost of that Creator's paid content, services, or other offerings;
- expire as determined by Celebrity Response or the applicable Creator; and
- may be modified, suspended, devalued, or revoked by Celebrity Response or the applicable Creator at any time, for any reason, in their sole discretion, without prior notice or liability.
- Creators control the parameters of their points program, including whether the program is enabled, the rates at which points are earned (which may differ for engagement activities such as likes, comments, and live session participation versus purchase activities such as subscriptions and paid content), and the redemption value of points. Celebrity Response is not responsible for any Creator's failure to honor reward points or for any changes a Creator may make to their points program or redemption terms.
- Reward points are a privilege, not a right. Abuse of the rewards system, including but not limited to fraudulent accumulation or redemption of points, may result in forfeiture of all points and termination of your account.
- Reward points:
- have no cash value and may not be redeemed for cash;
- are not transferable between accounts;
- may only be redeemed in accordance with rules set by individual Creators;
- expire as determined by Celebrity Response or the applicable Creator; and
- may be modified, suspended, devalued, or revoked by Celebrity Response at any time, for any reason, in its sole discretion, without prior notice or liability.
- Celebrity Response is not responsible for any Creator's failure to honor reward points or for any changes a Creator may make to their redemption terms.
- Reward points are a privilege, not a right. Abuse of the rewards system, including but not limited to fraudulent accumulation or redemption of points, may result in forfeiture of all points and termination of your account.
- Deals
- The Platform allows Users to submit Deal requests to Creators. A Deal is a broad request-based feature through which a User may request any service, feature, experience, or other offering from a Creator, including but not limited to booking a call, requesting a personalized feature, or requesting any other service the Creator may offer. Submission of a Deal request requires the User to pay Credits in the amount set by the applicable Creator on their profile. Each Creator determines the Credit cost for receiving Deal requests at their sole discretion. Submission of a Deal request does not guarantee acceptance by the Creator.
- Creators have sole discretion over whether to accept, reject, or respond to any Deal request. Celebrity Response does not guarantee that any Creator will respond to or fulfill any Deal.
- Credits spent to submit a Deal request are non-refundable regardless of the outcome, including whether the Creator accepts, declines, does not respond to, or allows the request to expire. The Credit cost is a fee for the opportunity to submit the Deal request to the Creator and does not constitute payment for, or a guarantee of, the Creator's acceptance or performance of the requested Deal.
- Celebrity Response is not a party to any agreement, Deal, or arrangement made between a User and a Creator. Any terms, conditions, pricing, availability, or performance obligations are solely between the User and the Creator.
- Celebrity Response shall not be liable for any loss, damage, or disappointment arising from a Creator's failure to accept, fulfill, or perform any Deal, or from any dispute between a User and a Creator regarding the terms of a Deal.
- Music and Content Rights / DMCA
- User and Creator Representations
By uploading, posting, or submitting any music, audio, video, or other content to the Platform, you represent and warrant that:
- you are the owner of all rights in such content or have obtained all necessary licenses, permissions, and authorizations from the rightful owner(s) to upload, distribute, and publicly perform or display such content on the Platform;
- your content does not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;
- your content complies with all applicable laws and regulations; and
- you have the right to grant the license described in Section 10.2 of these Terms with respect to such content.
- Removal of Unauthorized Content
Celebrity Response may remove or disable access to any content that it believes, in its sole discretion, infringes or may infringe the intellectual property rights of any third party, without prior notice to the uploading party.
- DMCA Notice and Takedown Procedure
If you believe that content on the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our designated agent. Your notification must include:
- a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Celebrity Response to locate the material;
- contact information for the complaining party, including address, telephone number, and email address;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA notices should be sent to:
Celebrity Response LLC
Attn: DMCA Agent
131 19th St, Toledo, Ohio 43604
Email: info@celebrityresponse.app
- Counter-Notice Procedure
If you believe that content you uploaded was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notice to our designated agent. Your counter-notice must include:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- your name, address, and telephone number; and
- a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, the Northern District of Ohio), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Upon receipt of a valid counter-notice, Celebrity Response may restore the removed content within ten (10) to fourteen (14) business days, unless the copyright owner files a court action seeking a restraining order against the content provider.
- Repeat Infringer Policy
Celebrity Response maintains a policy of terminating, in appropriate circumstances, the accounts of Users and Creators who are repeat infringers of intellectual property rights. If a User or Creator is the subject of repeated valid DMCA notifications, Celebrity Response may, in its sole discretion, suspend or permanently terminate their account.
- Payments
- General Payment Terms
The Platform supports two categories of payment methods, depending on the type of transaction:
- In-App Purchase Payments. Subscriptions to Creators and purchases of in-app Credits are processed through the applicable mobile platform's in-app purchase system (e.g., Apple App Store or Google Play Store). By completing an in-app purchase, you agree to the terms and conditions of the applicable app store provider in addition to these Terms. In-app Credits are a platform currency that may be used toward paid messages, direct messages, live sessions (Online Party), one-time paid content, and other in-platform interactions. Credits do not have a fixed exchange rate to any fiat currency, and the value of Credits for the purpose of accessing content or services is determined by the Platform and individual Creators. Creators do not receive Credits directly; instead, Creators receive payouts from Celebrity Response based on activity attributable to their content and services.
- Direct Payment Transactions. Certain features, including Deals, Book a Call sessions, In-Person Party events, and Shop purchases, are processed through third-party payment processors outside of the in-app purchase system. By making a direct payment on the Platform, you agree to the terms and conditions of the applicable payment processor in addition to these Terms.
- Finality of Payments
All payments made through the Platform, whether via in-app purchase or direct payment, are final and non-refundable unless otherwise expressly stated at the time of the transaction or required by applicable law. Refund requests for in-app purchases are subject to the policies of the applicable app store provider. Celebrity Response does not provide refunds for purchases made between Users and Creators.
Without limiting the foregoing, Credits expended to submit a Deal request are non-refundable under any circumstances, including where the Creator declines, does not respond to, or fails to fulfill the Deal request. The Credit cost for Deal request submission is a platform fee for the submission itself and does not constitute payment for any service to be provided by the Creator.
- Platform Fees and Commissions
Celebrity Response takes platform fees as disclosed in your Creator dashboard. Fees are deducted from Creator earnings at rates communicated separately to Creators through the Creator dashboard or separate Creator agreements. The applicable fee structure may vary depending on the type of transaction, the payment method used, and other factors determined by Celebrity Response in its sole discretion. Celebrity Response reserves the right to modify its fee structure at any time upon notice to affected Creators.
- Payment Disputes Between Users and Creators
Celebrity Response is not responsible for resolving payment disputes between Users and Creators. All disputes regarding the quality, delivery, nature, or pricing of content, services, or experiences purchased through the Platform are solely between the User and the Creator. Celebrity Response may, but is not obligated to, assist in mediating such disputes.
- Chargebacks and Disputes
If a User initiates a chargeback or payment dispute with their payment provider or app store for a transaction completed through the Platform:
- Celebrity Response reserves the right to suspend the User's account pending investigation;
- if the chargeback is determined to be fraudulent or without merit, the User's account may be permanently terminated;
- Celebrity Response may recover the disputed amount plus any fees or costs incurred from the User's account balance, Credit balance, or future transactions; and
- repeated chargebacks may result in permanent removal from the Platform.
- Tax Obligations
Users and Creators are solely responsible for determining and fulfilling their own tax obligations arising from transactions conducted through the Platform. Celebrity Response does not provide tax advice and is not responsible for any tax liability of any User or Creator. Celebrity Response may be required to report certain transactions to tax authorities in accordance with applicable law.
- General Payment Terms
All payments made through the Platform are processed by third-party payment processors. By making a purchase on the Platform, you agree to the terms and conditions of the applicable payment processor in addition to these Terms.
- Finality of Payments
All payments made through the Platform are final and non-refundable unless otherwise expressly stated at the time of the transaction or required by applicable law. Celebrity Response does not provide refunds for purchases made between Users and Creators.
- Platform Fees and Commissions
Celebrity Response may charge fees, commissions, or other charges in connection with transactions facilitated through the Platform. Such fees may be deducted from Creator earnings before payout. The applicable fee schedule will be made available to Creators through the Platform or through separate Creator agreements.
- Payment Disputes Between Users and Creators
Celebrity Response is not responsible for resolving payment disputes between Users and Creators. All disputes regarding the quality, delivery, nature, or pricing of content, services, or experiences purchased through the Platform are solely between the User and the Creator. Celebrity Response may, but is not obligated to, assist in mediating such disputes.
- Chargebacks and Disputes
If a User initiates a chargeback or payment dispute with their payment provider for a transaction completed through the Platform:
- Celebrity Response reserves the right to suspend the User's account pending investigation;
- if the chargeback is determined to be fraudulent or without merit, the User's account may be permanently terminated;
- Celebrity Response may recover the disputed amount plus any fees or costs incurred from the User's account balance or future transactions; and
- repeated chargebacks may result in permanent removal from the Platform.
- Tax Obligations
Users and Creators are solely responsible for determining and fulfilling their own tax obligations arising from transactions conducted through the Platform. Celebrity Response does not provide tax advice and is not responsible for any tax liability of any User or Creator. Celebrity Response may be required to report certain transactions to tax authorities in accordance with applicable law.
- Intellectual Property
- Platform Intellectual Property
All intellectual property rights in and to the Platform, including but not limited to the software, source code, object code, algorithms, technology, design, layout, graphics, logos, trademarks, trade names, service marks, branding, user interfaces, and all proprietary systems and processes used in the operation of the Platform (collectively, "Platform IP"), are and shall remain the exclusive property of Celebrity Response LLC. No right, title, or interest in any Platform IP is transferred to you by these Terms or by your use of the Platform.
You shall not, and shall not permit any third party to:
- copy, reproduce, distribute, or create derivative works based on the Platform or any Platform IP;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or structure of the Platform or any component thereof;
- modify, translate, adapt, or create derivative works based upon the Platform or any Platform IP;
- rent, lease, loan, sell, sublicense, assign, or otherwise transfer rights to the Platform or any Platform IP;
- remove, alter, or obscure any proprietary notices, labels, or marks on the Platform; or
- use any Platform IP for any purpose other than as expressly permitted by these Terms.
- User Content License
Users and Creators retain ownership of their original content posted on the Platform ("User Content"). By posting, uploading, or submitting User Content to the Platform, you grant Celebrity Response a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, display, distribute, modify, adapt, publish, translate, and create derivative works from your User Content, in whole or in part, in any media format and through any media channels, in connection with operating, promoting, and improving the Platform and Celebrity Response's business (the "Content License").
The Content License includes, without limitation, the right to:
- display your User Content to other Users and visitors of the Platform;
- use your User Content in promotional or marketing materials for the Platform;
- store, cache, and distribute your User Content through content delivery networks and similar technologies; and
- sublicense the foregoing rights to third-party service providers acting on Celebrity Response's behalf.
The Content License shall survive the termination or deactivation of your account with respect to User Content that has already been distributed, shared, cached, or incorporated into the Platform prior to termination or deactivation.
- Feedback
If you provide Celebrity Response with any feedback, suggestions, ideas, or recommendations regarding the Platform ("Feedback"), you hereby assign to Celebrity Response all right, title, and interest in and to such Feedback, and Celebrity Response shall be free to use, disclose, reproduce, license, and otherwise distribute and exploit such Feedback without restriction or obligation to you.
- Disclaimer of Warranties
- THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CELEBRITY RESPONSE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- ANY WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS MADE AVAILABLE THROUGH THE PLATFORM;
- ANY WARRANTIES REGARDING THE QUALITY, SUITABILITY, SAFETY, OR AVAILABILITY OF ANY CREATOR, CONTENT, SERVICE, OR EXPERIENCE OFFERED THROUGH THE PLATFORM; AND
- ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
- Celebrity Response does not warrant, endorse, guarantee, or assume responsibility for any content, product, or service advertised or offered by any User, Creator, or third party through or in connection with the Platform.
- Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CELEBRITY RESPONSE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- your use of or inability to use the Platform;
- any conduct or content of any User or Creator on the Platform;
- any content obtained from or through the Platform;
- unauthorized access, use, or alteration of your transmissions or content;
- any transaction or relationship between you and any Creator, including but not limited to disputes regarding Deals, subscriptions, Credits, or purchased content; or
- any other matter relating to the Platform,
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CELEBRITY RESPONSE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CELEBRITY RESPONSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CELEBRITY RESPONSE AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO CELEBRITY RESPONSE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- THE LIMITATIONS IN THIS SECTION 12 SHALL APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY OR LOSSES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CELEBRITY RESPONSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR LOSSES.
- Indemnification
- You agree to defend, indemnify, and hold harmless Celebrity Response, its officers, directors, members, managers, employees, agents, licensors, and affiliates (the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:
- your use of the Platform or any activity under your account;
- your User Content or any content you upload, post, or transmit through the Platform;
- your violation of these Terms;
- your violation of any applicable law, rule, or regulation;
- your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
- any dispute between you and any other User or Creator; or
- any claim that your User Content caused damage to a third party.
- Celebrity Response reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with Celebrity Response in asserting any available defenses.
- You agree to defend, indemnify, and hold harmless Celebrity Response, its officers, directors, members, managers, employees, agents, licensors, and affiliates (the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:
- Termination
- Celebrity Response may, in its sole discretion, suspend or terminate your account and your access to the Platform at any time, for any reason or for no reason, with or without notice, including without limitation if Celebrity Response believes that you have violated or acted inconsistently with these Terms.
- You may terminate your account at any time by contacting us at info@celebrityresponse.app. Upon termination, your right to use the Platform will immediately cease.
- Upon termination of your account for any reason:
- all licenses and rights granted to you under these Terms shall immediately terminate;
- you must immediately cease all use of the Platform;
- any pending transactions may be cancelled at Celebrity Response's discretion;
- any accrued and unpaid fees or obligations owed by you shall become immediately due and payable;
- any reward points remaining in your account shall be forfeited; and
- Celebrity Response shall have no obligation to maintain or provide any of your content and may delete it in accordance with our data retention policies.
- The following provisions shall survive termination of these Terms: Section 5 (Creator Content and Monetization), Section 8 (Music and Content Rights / DMCA), Section 9 (Payments), Section 10 (Intellectual Property), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 16 (Governing Law and Dispute Resolution), and any other provisions that by their nature should survive termination.
- Changes to Terms
- Celebrity Response reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on the Platform and updating the "Last Updated" date at the top of these Terms. We may also provide additional notice through the Platform, by email, or by other means as we deem appropriate.
- Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Platform and terminate your account.
- It is your responsibility to review these Terms periodically for changes. We recommend that you check this page regularly.
- Governing Law and Dispute Resolution
- Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.
- Binding Arbitration
Except as expressly provided in Section 16.3, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in Toledo, Ohio, before a single arbitrator. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration.
The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Exceptions to Arbitration
Notwithstanding Section 16.2:
- either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction; and
- either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
- Class Action Waiver
YOU AND CELEBRITY RESPONSE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
- Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CELEBRITY RESPONSE EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.
- Thirty-Day Opt-Out Right
You have the right to opt out of the arbitration provisions of Section 16.2 and the class action waiver of Section 16.4 by sending written notice of your decision to opt out to: Celebrity Response LLC, 131 19th St, Toledo, Ohio 43604, or by email to info@celebrityresponse.app, within thirty (30) days after first accepting these Terms. Your notice must include your name, your account username, your mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these Terms shall continue to apply.
- Severability of Arbitration Provisions
If any portion of Section 16.2 or Section 16.4 is found to be unenforceable, the remainder of Section 16 shall remain in full force and effect. If the class action waiver in Section 16.4 is found to be unenforceable, then the entirety of this arbitration provision (Section 16.2 through Section 16.6) shall be null and void, and the parties shall resolve disputes in the state or federal courts located in Lucas County, Ohio.
- Contact Information
If you have any questions, concerns, or complaints regarding these Terms or the Platform, you may contact us at:
Celebrity Response LLC
131 19th St
Toledo, Ohio 43604
Email: info@celebrityresponse.app
Website: https://celebrityresponse.app
- Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at https://celebrityresponse.app/privacy to understand our practices regarding the collection, use, and disclosure of your personal information.
- Age Restriction
- The Platform is intended solely for individuals who are at least eighteen (18) years of age. By accessing or using the Platform, you represent and warrant that you are at least eighteen (18) years old and are legally capable of entering into a binding contract.
- Celebrity Response does not knowingly collect personal information from individuals under the age of eighteen (18). If we become aware that an individual under the age of eighteen (18) has created an account or provided personal information through the Platform, we will take steps to terminate the account and delete such information promptly.
- If you believe that an individual under the age of eighteen (18) has created an account on the Platform, please contact us immediately at info@celebrityresponse.app.
- Miscellaneous
- Entire Agreement
These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Celebrity Response with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between the parties with respect to such subject matter.
- Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the parties.
- Waiver
The failure of Celebrity Response to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms shall be effective only if in writing and signed by Celebrity Response.
- Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Celebrity Response. Celebrity Response may freely assign or transfer its rights and obligations under these Terms without restriction and without notice to you.
- No Third-Party Beneficiaries
These Terms do not create and shall not be construed as creating any rights enforceable by any person who is not a party to these Terms, except that the Indemnified Parties identified in Section 13 are intended third-party beneficiaries of that section.
- Force Majeure
Celebrity Response shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
- Electronic Communications
By using the Platform, you consent to receiving electronic communications from Celebrity Response. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.