723 lines
42 KiB
TypeScript
723 lines
42 KiB
TypeScript
import React from 'react'
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import {H4, P, OL, LI, A, STRONG, EM, UL} from 'view/com/util/Html'
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export default function () {
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return (
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<>
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<H4>Last Updated: April 6, 2023</H4>
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<P>
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Welcome to the Bluesky, PBLLC d.b.a. Bluesky (“Bluesky”,
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“we”, or “us”) website located at{' '}
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<A href="https://bsky.app/">bsky.social</A> (“Site”), the
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Authenticated Transfer social protocol (“Protocol”) and our
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mobile application (“App”). Please read these Terms of
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Service (the “Terms”) and our{' '}
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<A href="https://bsky.app/support/privacy">Privacy Policy</A>{' '}
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(“Privacy Policy”) carefully because they govern your use of
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our Site, Protocol, App, and our content accessible therein. In
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addition, please read the{' '}
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<A href="https://bsky.app/support/community-guidelines">
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Bluesky Community Guidelines
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</A>{' '}
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(the “Bluesky Community Guidelines”), which are incorporated
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by reference and included in the Terms. To make these Terms easier to
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read, our Site, Protocol, and App, and our content and services provided
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therein, are collectively called the “Services.” The
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Services are not official products and have not been commercially or
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publicly released by Bluesky.
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</P>
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<P>
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IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS
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YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN
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YOU AND BLUESKY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN
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COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE
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RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF
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YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS
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ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION ‎18
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WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION ‎17
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“GOVERNING LAW AND FORUM CHOICE” WILL APPLY INSTEAD.
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</P>
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<OL>
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<LI>
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<STRONG>Agreement to Terms.</STRONG> By using our Services, you agree
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to be bound by these Terms. If you don’t agree to be bound by
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these Terms, do not use the Services. If you are accessing and using
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the Services on behalf of a company (such as your employer) or other
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legal entity, you represent and warrant that you have the authority to
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bind that company or other legal entity to these Terms. In that case,
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“you” and “your” will refer to that company or
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other legal entity.
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</LI>
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<LI>
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<STRONG>Acknowledgment of Beta Services.</STRONG> You acknowledge and
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agree that: (a) the Services are not official products and have not
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been commercially or publicly released by Bluesky; (b) the Services
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may not operate properly, be in final form or be fully functional; (c)
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the Services may contain errors, design flaws or other problems; (d)
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it may not be possible to make the Services fully functional; (e) the
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information obtained using the Services may not be accurate; (f) use
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of the Services may result in unexpected results, loss of data or
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communications, project delays or other unpredictable damage or loss;
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(g) Bluesky is under no obligation to release a commercial or public
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version of the Services; and (h) Bluesky has the right to unilaterally
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to abandon development of the Services, at any time and without any
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obligation or liability to you.
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</LI>
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<LI>
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<STRONG>Privacy Policy.</STRONG> Please refer to our{' '}
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<A href="https://bsky.app/support/privacy">Privacy Policy</A> for
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information on how we collect, use and share your information. You
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acknowledge and agree that your use of the Services is subject to our
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Privacy Policy.
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</LI>
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<LI>
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<STRONG>Changes to these Terms or the Services.</STRONG> We may update
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these Terms from time to time at our sole discretion. If we do,
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we’ll let you know by posting the updated Terms on the Site,
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Protocol or the App and may also send other communications. It’s
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important that you review these Terms whenever we update them or you
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use the Services. If you continue to use the Services after we have
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posted updated Terms it means that you accept and agree to the
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changes. If you don’t agree to be bound by the changes, you may
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not use the Services anymore. Because our Services are evolving over
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time we may change or discontinue all or any part of the Services, at
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any time and without notice, at our sole discretion. We may add,
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remove, suspend or alter access to any content available through or on
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the Services at any time and make no guarantee as to the availability
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or minimum amount of specific content.{' '}
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</LI>
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<LI>
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<STRONG>Who May Use the Services?</STRONG>
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<OL>
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<LI>
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<EM>Eligibility</EM>. To use the Services, you must be at least 13
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years of age and not otherwise barred from using the Services
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under applicable law. If you are over 13 years of age but under
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the age of majority in your respective jurisdiction, you hereby
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represent and warrant that your parent or legal guardian has read
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these Terms and accepts them on your behalf. Parents and legal
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guardians are responsible for the acts of their minor children
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when using the Services, whether or not the parent or guardian has
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authorized such acts.
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</LI>
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<LI>
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<EM>Registration and Your Information</EM>. If you want to use
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certain features of the Services you’ll have to create an
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account (“Account”) via the Services.
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</LI>
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<LI>
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<EM>Accuracy of Account Information</EM>. It’s important
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that you provide us with accurate, complete and current
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information for your Account and you agree to keep this
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information up-to-date. If you don’t, we might have to
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suspend or terminate your Account. You agree that you won’t
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disclose your Account password to anyone and you’ll notify
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us immediately of any unauthorized use of your Account.
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You’re responsible for all activities that occur under your
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Account, including, without limitation, the posting of User
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Content (as defined below), and any communications or other
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contact you have with other users of the Services, whether or not
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you know about them. We may take actions we deem reasonably
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necessary to prevent fraud and abuse, including placing
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restrictions on user accounts or on the amount of content that can
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be accessed from the Services at any one time.
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</LI>
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</OL>
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</LI>
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<LI>
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<STRONG>Feedback.</STRONG> We welcome feedback, comments and
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suggestions for improvements to the Services (“Feedback”).
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You can submit Feedback by posting in the App or emailing us at
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support@bsky.app. You grant us a non-exclusive, transferable,
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worldwide, perpetual, irrevocable, fully-paid, royalty-free license,
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with the right to sublicense, under any and all intellectual property
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rights that you own or control, to use, copy, modify, create
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derivative works based upon and otherwise exploit the Feedback for any
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purpose.
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</LI>
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<LI>
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<STRONG>Content Ownership, Responsibility and Removal.</STRONG>
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<OL>
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<LI>
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<EM>Definitions</EM>. For purposes of these Terms: (i){' '}
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<STRONG>“Content”</STRONG> means text, graphics,
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images, music, software, audio, video, works of authorship of any
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kind, and information or other materials that are posted,
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generated, provided or otherwise made available through the
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Services; and (ii) <STRONG>“User Content”</STRONG>{' '}
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means any Content that Account holders (including you) provide or
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make available through the Services. User Content also includes,
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without limitation, any communications or content that you share
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with another user of the Services such as comments on other
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users’ User Content or information you provide or make
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available through the Services. Content includes, without
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limitation, User Content.
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</LI>
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<LI>
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<EM>Our Content Ownership</EM>. Except for any licensed rights
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granted under these Terms, Bluesky does not claim any ownership
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rights in any User Content and nothing in these Terms will be
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deemed to restrict any rights that you may have to use and exploit
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your User Content. Subject to the foregoing, Bluesky and its
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licensors exclusively own all right, title and interest in and to
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the Services and Content, including all associated intellectual
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property rights and all features, trademarks, trade names, service
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marks, trade dress, and the look and feel of the Services. You
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acknowledge that the Services and Content are protected by
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copyright, trademark, and other laws of the United States and
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foreign countries. You agree not to remove, alter or obscure any
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copyright, trademark, service mark or other proprietary rights
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notices incorporated in or accompanying the Services or Content.
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</LI>
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<LI>
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<EM>Rights in Content Granted by Bluesky</EM>. Subject to your
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compliance with these Terms, Bluesky grants to you a limited,
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non-exclusive, non-transferable license, with no right to
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sublicense, to download, view, copy, display and print the Content
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solely in connection with your permitted use of the Services and
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solely for your personal and non-commercial purposes. Other than
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the right to use the Services as explicitly described in these
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Terms for your personal, limited use, no other rights are granted
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to you under these Terms.{' '}
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</LI>
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<LI>
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<EM>Rights in User Content Granted by You to Us</EM>. By making
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any User Content available through the Services, you hereby grant
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to Bluesky and its subsidiaries, affiliates, licensee, successors,
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and assigns (the “Bluesky Parties”) an irrevocable,
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non-exclusive, perpetual, transferable, worldwide, royalty-free
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license, with the right to sublicense (through multiple tiers of
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sub-licensing), to use, copy, modify, adapt, crop, edit, creative
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derivative works, distribute, publicly display, publicly perform
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and otherwise exploit in any media now known or hereafter devised,
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your User Content, in whole or in part, in connection with (i)
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providing the Services and Content to you and to others; (ii)
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promote and market Bluesky and our Services, including without
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limitation through Bluesky’s owned, operated, and/or branded
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social media channels. For example, Bluesky may create
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compilations of Content made available by Account holders
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(including your User Content), and/or use User Content or such
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compilations to promote the App through Bluesky’s operated,
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and/or branded social media channels, without further payment or
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consideration by Bluesky. However, without your prior consent,
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Bluesky will not use your User Content in any Content that is
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sponsored by a third party.
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</LI>
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<LI>
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<EM>Name, Likeness, Other Personal Rights</EM>. By submitting User
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Content in which you may appear, including without limitation your
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photograph, you hereby grant to (i) Bluesky and the Bluesky
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Parties and (ii) other Account holders, an irrevocable,
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non-exclusive, perpetual, transferable, worldwide, royalty-free,
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unlimited license to use your name, image, likeness, or other
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information or materials supplied by you, including any third
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party materials as they appear in such User Content, consistent
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with the rights granted by you in this Section 7.
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</LI>
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<LI>
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<EM>Your Responsibility for User Content</EM>. You are solely
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responsible for all of your User Content. You represent and
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warrant that your User Content is original, that you own your User
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Content or you have all rights that are necessary to grant us and
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the Bluesky Parties the license rights in your User Content under
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these Terms. This includes the rights to the name, likeness or
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other publicity rights of any other party appearing in your User
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Content. You also represent and warrant that neither your User
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Content, nor your use and provision of your User Content to be
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made available through the Services, nor any exercise of any
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rights granted by you in such User Content will (i) conflict with
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any rights or commitments granted by you to any other party; (ii)
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infringe, misappropriate or violate a third party’s
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intellectual property rights, or rights of publicity or privacy,
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or (iii) result in the violation of any applicable law or
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regulation. You represent and warrant that all of your User
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Content and your activities in connection with the Services will,
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at all times, comply with (i) these Terms; (ii) all applicable
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laws, rules, and regulations; and (iii) any other guidelines or
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requirements that we may make available to you from time to time.
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</LI>
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<LI>
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<EM>Removal of User Content</EM>. We have the right, in our sole
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discretion, to remove any User Content. You can remove your User
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Content by specifically deleting it. However, in certain
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instances, some of your User Content (such as posts or comments
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you make) may not be completely removed and copies of your User
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Content may continue to exist on the Services. We are not
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responsible or liable for the removal or deletion of (or the
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failure to remove or delete) any of your User Content. Except as
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expressly stated herein, you acknowledge and agree that we have no
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obligation to provide, monitor, edit, upload, or remove any of
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your User Content, although we have the right to do so.
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</LI>
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</OL>
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</LI>
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<LI>
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<STRONG>Respecting Others’ User Content</STRONG>. Subject to our
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rights under Section 7, you acknowledge that all User Content and any
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content related thereto are the property of the respective user that
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makes the User Content available through the Services or, if made
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explicit on the Services, Bluesky. You acknowledge and agree that
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Bluesky is not responsible or liable for your User Content or any
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direct message through the Services between any user of the Services
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and another user of the Services (“Communications”),
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including you.
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</LI>
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<LI>
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<STRONG>Rights and Terms for Apps.</STRONG>
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<OL>
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<LI>
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<EM>Rights in App Granted by Bluesky</EM>. Subject to your
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compliance with these Terms, Bluesky grants to you a limited,
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non-exclusive, non-transferable license, with no right to
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sublicense, to download and install the App on a mobile device
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that you own or control and to run the App solely for your own
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personal non-commercial purposes. Except as expressly permitted in
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these Terms, you may not: (i) copy, modify or create
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derivative works based on the App; (ii) sublicense, lease,
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lend or rent the App to any third party; (iii) decompile or
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disassemble the App; or (iv) make the functionality of the
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App available to multiple users through any means. Bluesky
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reserves all rights in and to the App not expressly granted to you
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under these Terms. Certain portions of the App may be subject to
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an open source license agreement, as expressly designated within
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the App or on the Site. Such license will govern the use of such
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portions of the App to the extent that such license agreement
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conflicts with or is inconsistent with this Section 9(a) (for
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example, if the license grants broader use rights).
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</LI>
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<LI>
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<EM>Accessing App from App Store</EM>. The following terms apply
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to any App accessed through or downloaded from any app store or
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distribution platform (like the Apple App Store) where the App may
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now or in the future be made available (each, an “App
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Provider”). You acknowledge and agree that:
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<UL>
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<LI>
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These Terms are concluded between you and Bluesky, and not
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with the App Provider, and Bluesky (not the App Provider), is
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solely responsible for the App.
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</LI>
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<LI>
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The App Provider has no obligation to furnish any maintenance
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and support services with respect to the App.
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</LI>
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<LI>
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In the event of any failure of the App to conform to any
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applicable warranty, you may notify the App Provider and, to
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the maximum extent permitted by applicable law, the App
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Provider will have no other warranty obligation whatsoever
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with respect to the App. Any other claims, losses,
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liabilities, damages, costs or expenses attributable to any
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failure to conform to any warranty will be the sole
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responsibility of Bluesky.
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</LI>
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<LI>
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The App Provider is not responsible for addressing any claims
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you have or any claims of any third party relating to the App
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or your possession and use of the App, including, but not
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limited to: (i) product liability claims; (ii) any claim
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that the App fails to conform to any applicable legal or
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regulatory requirement; and (iii) claims arising under
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consumer protection or similar legislation.
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</LI>
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<LI>
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In the event of any third party claim that the App or your
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possession and use of that App infringes that third
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party’s intellectual property rights, Bluesky will be
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solely responsible for the investigation, defense, settlement
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and discharge of any such intellectual property infringement
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claim to the extent required by these Terms.
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</LI>
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<LI>
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The App Provider, and its subsidiaries, are third-party
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beneficiaries of these Terms as related to your license to the
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App, and upon your acceptance of these Terms, the App Provider
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will have the right (and will be deemed to have accepted the
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right) to enforce these Terms against you as a third-party
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beneficiary thereof.
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</LI>
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<LI>
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You represent and warrant that (i) you are not located in a
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country that is subject to a U.S. Government embargo, or that
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has been designated by the U.S. Government as a
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terrorist-supporting country; and (ii) you are not listed on
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any U.S. Government list of prohibited or restricted parties.
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</LI>
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<LI>
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You must also comply with all applicable third-party terms of
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service when using the App.
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</LI>
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</UL>
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</LI>
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</OL>
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</LI>
|
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<LI>
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<STRONG>
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General Prohibitions and Bluesky’s Enforcement Rights
|
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</STRONG>
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|
. You agree not to do any of the following:
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<OL>
|
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<LI>
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Post, upload, publish, submit or transmit any content that:
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(i) infringes, misappropriates or violates a third
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party’s patent, copyright, trademark, trade secret, moral
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rights or other intellectual property rights, or rights of
|
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publicity or privacy; or (ii) violates any applicable law or
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regulation or would give rise to civil liability;
|
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</LI>
|
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<LI>
|
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Use, display, mirror or frame the Services, Bluesky’s name,
|
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any Bluesky trademark, logo or other proprietary information,
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without Bluesky’s express written consent;
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</LI>
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<LI>
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Access, tamper with, or use non-public areas of the Services;
|
|
</LI>
|
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<LI>
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Attempt to probe, scan or test the vulnerability of any Bluesky
|
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system or network or breach any security or authentication
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measures without reporting such vulnerability or breach to
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support@bsky.app, except as part of community testing initiatives
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authorized by Bluesky;
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</LI>
|
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<LI>
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Avoid, bypass, remove, deactivate, impair, descramble or otherwise
|
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circumvent any technological measure implemented by Bluesky or any
|
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of Bluesky’s providers or any other third party (including
|
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another user) to protect the Services, including any service
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protection or usage limits;
|
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</LI>
|
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<LI>
|
|
Attempt to access or search the Services or download content from
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the Services using any engine, software, tool, agent, device or
|
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mechanism (including spiders, robots, crawlers, data mining tools
|
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or the like) that imposes unreasonable burdens on the Services or
|
|
that we otherwise deem abusive or harmful;
|
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</LI>
|
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<LI>Send any junk mail or spam;</LI>
|
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<LI>
|
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Use any meta tags or other hidden text or metadata utilizing a
|
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Bluesky trademark, logo URL or product name without
|
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Bluesky’s express written consent;
|
|
</LI>
|
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<LI>
|
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Use the Services, or any portion thereof, in any manner not
|
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permitted by these Terms;
|
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</LI>
|
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<LI>
|
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Interfere with, or attempt to interfere with, the access of any
|
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user, host or network, including, without limitation, sending a
|
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virus, overloading, flooding, spamming, or mail-bombing the
|
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Services;
|
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</LI>
|
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<LI>
|
|
Collect or store any personally identifiable information from the
|
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Services from other users of the Services without their
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express permission;
|
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</LI>
|
|
<LI>
|
|
Impersonate or misrepresent your affiliation with any person or
|
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entity, claim a false affiliation, or misrepresent the source or
|
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identity of content used through the Services;
|
|
</LI>
|
|
<LI>
|
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You agree not to provide any information that is intended to
|
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misinform, misdirect, mislead, or otherwise deceive any users of
|
|
the Services or any other third party;
|
|
</LI>
|
|
<LI>Violate any applicable law or regulation;</LI>
|
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<LI>
|
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Commercialize any User Content not in accordance with these Terms;
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or
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</LI>
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<LI>
|
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Directly or indirectly induce others to do any of the above.
|
|
</LI>
|
|
</OL>
|
|
<P>
|
|
Bluesky is not obligated to monitor access to or use of the Services
|
|
or to review or edit any content. However, we have the right to do
|
|
so for the purpose of operating the Services, to ensure compliance
|
|
with these Terms and to comply with applicable law or other legal
|
|
requirements. We reserve the right, but are not obligated, to remove
|
|
or disable access to any content, including User Content, at any
|
|
time and without notice, including, but not limited to, if we, at
|
|
our sole discretion, consider it objectionable or in violation of
|
|
these Terms. We have the right to investigate violations of these
|
|
Terms or conduct that affects the Services. We may also consult and
|
|
cooperate with law enforcement authorities to prosecute users who
|
|
violate the law.
|
|
</P>
|
|
</LI>
|
|
<LI>
|
|
<STRONG>DMCA/Copyright Policy.</STRONG> Bluesky respects copyright law
|
|
and expects its users to do the same. It is Bluesky’s policy to
|
|
terminate in appropriate circumstances account holders who repeatedly
|
|
infringe or are believed to be repeatedly infringing the rights of
|
|
copyright holders. Please see Bluesky’s Copyright Policy at{' '}
|
|
<A href="/support/copyright">bsky.app/support/copyright</A> for
|
|
further information.
|
|
</LI>
|
|
<LI>
|
|
<STRONG>Links to Third Party Websites or Resources.</STRONG> The
|
|
Services (including the Site, Protocol and App) may allow you to
|
|
access third-party websites or other resources. To the extent provided
|
|
by us, we provide access only as a convenience and are not responsible
|
|
for the content, products or services on or available from those
|
|
resources or links displayed on such websites. Users of the Services
|
|
may provide access through User Content to third-party websites or
|
|
other resources. To the extent provided by you, you hereby acknowledge
|
|
and agree that, as between you and Bluesky, you bear full
|
|
responsibility and liability in connection with such access by users
|
|
of the Services. You acknowledge sole responsibility for and assume
|
|
all risk arising from, your use of any third-party resources. You
|
|
further acknowledge that we have no responsibility to remove, add,
|
|
modify, or monitor User Content, including any access to third-party
|
|
websites or other resources contained in User Content.
|
|
</LI>
|
|
<LI>
|
|
<STRONG>Termination.</STRONG> We may terminate or suspend, in whole or
|
|
in part, your access to and use of the Services, including suspending
|
|
access to or terminating your account, at our sole discretion, at any
|
|
time and without notice to you. You may request deletion of your
|
|
account, which we will consider on a case-by-case basis, by emailing
|
|
support@bsky.app. Upon any termination, discontinuation or
|
|
cancellation of the Services or your account, the following Sections
|
|
will survive: 2, 7(a), 7(b), 7(d), 7(e), 7(f), 8, 10, 13, 14, 15, 16,
|
|
17, 18 and 19.
|
|
</LI>
|
|
<LI>
|
|
<P>
|
|
<STRONG>Warranty Disclaimers.</STRONG> THE SERVICES ARE PROVIDED
|
|
“AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING
|
|
THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF
|
|
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
|
|
AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
|
|
DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES
|
|
WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
|
|
SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE
|
|
QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
|
|
RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. WE
|
|
ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT, OR ANY
|
|
COMMUNICATIONS, AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY
|
|
KIND IN REGARD TO USER CONTENT.
|
|
</P>
|
|
<P>
|
|
BLUESKY ASSUMES NO RESPONSIBILITY FOR ANY USER’S OR THIRD
|
|
PARTY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND
|
|
REGULATIONS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR
|
|
OMISSION OF ANY USER OR OTHER THIRD PARTY. WE DO NOT AND CANNOT
|
|
CONTROL YOUR INTERACTION WITH ANY USER OR OTHER THIRD PARTY, AND WE
|
|
EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION.
|
|
</P>
|
|
</LI>
|
|
<LI>
|
|
<STRONG>Indemnity.</STRONG> You will indemnify and hold harmless
|
|
Bluesky and its officers, directors, employees and agents, from and
|
|
against any claims, disputes, demands, liabilities, damages, losses,
|
|
and costs and expenses, including, without limitation, reasonable
|
|
legal and accounting fees arising out of or in any way connected with
|
|
(a) your access to or use of the Services, (b) your User Content, or
|
|
(c) your violation of these Terms.
|
|
</LI>
|
|
<LI>
|
|
<STRONG>Limitation of Liability.</STRONG>
|
|
<OL>
|
|
<LI>
|
|
For the purposes of this Section 16, “Bluesky”,
|
|
“we”, or “us” shall include Bluesky, its
|
|
subsidiaries, affiliates, investors, agents, and successors and
|
|
assigns.
|
|
</LI>
|
|
<LI>
|
|
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BLUESKY NOR ANY
|
|
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
|
|
SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
|
|
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES,
|
|
LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL,
|
|
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
|
|
COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN
|
|
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE
|
|
THE SERVICES OR FOR ANY ERROR OR DEFECT IN THE SERVICES, WHETHER
|
|
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
|
|
LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUESKY OR
|
|
ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
|
|
DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE
|
|
FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT BLUESKY
|
|
SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT OR THE DEFAMATORY,
|
|
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY THIRD
|
|
PARTY’S CONTENT (INCLUDING ANY USER CONTENT), WHETHER OR NOT
|
|
SUCH CONTENT IS ACCESSED THROUGH THE SERVICES, AND THAT ANY RISK
|
|
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
|
|
</LI>
|
|
<LI>
|
|
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
|
|
WILL BLUESKY’S TOTAL LIABILITY ARISING OUT OF OR IN
|
|
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE
|
|
THE SERVICES EXCEED TWENTY DOLLARS ($20).
|
|
</LI>
|
|
<LI>
|
|
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
|
|
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUESKY
|
|
AND YOU.
|
|
</LI>
|
|
</OL>
|
|
</LI>
|
|
<LI>
|
|
<STRONG>Governing Law and Forum Choice.</STRONG> These Terms and any
|
|
action related thereto will be governed by the Federal Arbitration
|
|
Act, federal arbitration law, and the laws of the State of Delaware,
|
|
without regard to its conflict of laws provisions. Except as otherwise
|
|
expressly set forth in Section 17 “Dispute Resolution,”
|
|
the exclusive jurisdiction for all Disputes (defined below) that you
|
|
and Bluesky are not required to arbitrate will be the state and
|
|
federal courts located in Delaware, and you and Bluesky each waive any
|
|
objection to jurisdiction and venue in such courts.
|
|
</LI>
|
|
<LI>
|
|
<STRONG>Dispute Resolution.</STRONG>
|
|
<OL>
|
|
<LI>
|
|
<EM>Mandatory Arbitration of Disputes</EM>. We each agree that any
|
|
dispute, claim or controversy arising out of or relating to these
|
|
Terms or the breach, termination, enforcement, interpretation or
|
|
validity thereof or the use of the Services (collectively,
|
|
“Disputes”) will be resolved solely by binding,
|
|
individual arbitration and not in a class, representative or
|
|
consolidated action or proceeding . You and Bluesky agree that the
|
|
U.S. Federal Arbitration Act governs the interpretation and
|
|
enforcement of these Terms, and that you and Bluesky are each
|
|
waiving the right to a trial by jury or to participate in a class
|
|
action. This arbitration provision shall survive termination of
|
|
these Terms.
|
|
</LI>
|
|
<LI>
|
|
<EM>Exceptions</EM>. As limited exceptions to Section 18 (a)
|
|
above: (i) we both may seek to resolve a Dispute in small
|
|
claims court if it qualifies; and (ii) we each retain the right to
|
|
seek injunctive or other equitable relief from a court to prevent
|
|
(or enjoin) the infringement or misappropriation of our
|
|
intellectual property rights.
|
|
</LI>
|
|
<LI>
|
|
<P>
|
|
<EM>Conducting Arbitration and Arbitration Rules</EM>. The
|
|
arbitration will be conducted by the American Arbitration
|
|
Association (“AAA”) under its Consumer Arbitration
|
|
Rules (the “AAA Rules”) then in effect, except as
|
|
modified by these Terms. The AAA Rules are available at{' '}
|
|
<A href="https://www.adr.org">www.adr.org</A> or by calling
|
|
1-800-778-7879. A party who wishes to start arbitration must
|
|
submit a written Demand for Arbitration to AAA and give notice
|
|
to the other party as specified in the AAA Rules. The AAA
|
|
provides a form Demand for Arbitration at{' '}
|
|
<A href="http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175">
|
|
www.adr.org
|
|
</A>
|
|
.
|
|
</P>
|
|
<P>
|
|
Any arbitration hearings will take place in the county (or
|
|
parish) where you live, unless we both agree to a different
|
|
location. The parties agree that the arbitrator shall have
|
|
exclusive authority to decide all issues relating to the
|
|
interpretation, applicability, enforceability and scope of this
|
|
arbitration agreement.
|
|
</P>
|
|
</LI>
|
|
<LI>
|
|
<EM>Arbitration Costs</EM>. Payment of all filing, administration
|
|
and arbitrator fees will be governed by the AAA Rules. If we
|
|
prevail in arbitration we’ll pay all of our attorneys’
|
|
fees and costs and won’t seek to recover them from you. If
|
|
you prevail in arbitration you will be entitled to an award of
|
|
attorneys’ fees and expenses to the extent provided under
|
|
applicable law.
|
|
</LI>
|
|
<LI>
|
|
<EM>Injunctive and Declaratory Relief</EM>. Except as provided in
|
|
Section 18(b) above, the arbitrator shall determine all issues of
|
|
liability on the merits of any claim asserted by either party and
|
|
may award declaratory or injunctive relief only in favor of the
|
|
individual party seeking relief and only to the extent necessary
|
|
to provide relief warranted by that party’s individual
|
|
claim. To the extent that you or we prevail on a claim and seek
|
|
public injunctive relief (that is, injunctive relief that has the
|
|
primary purpose and effect of prohibiting unlawful acts that
|
|
threaten future injury to the public), the entitlement to and
|
|
extent of such relief must be litigated in a civil court of
|
|
competent jurisdiction and not in arbitration. The parties agree
|
|
that litigation of any issues of public injunctive relief shall be
|
|
stayed pending the outcome of the merits of any individual claims
|
|
in arbitration.
|
|
</LI>
|
|
<LI>
|
|
<EM>Class Action Waiver</EM>. YOU AND BLUESKY AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Further, if the parties’
|
|
Dispute is resolved through arbitration, the arbitrator may not
|
|
consolidate another person’s claims with your claims, and
|
|
may not otherwise preside over any form of a representative or
|
|
class proceeding. If this specific provision is found to be
|
|
unenforceable, then the entirety of this Dispute Resolution
|
|
section shall be null and void.
|
|
</LI>
|
|
<LI>
|
|
<EM>Severability</EM>. With the exception of any of the provisions
|
|
in Section 18(f) of these Terms (“Class Action
|
|
Waiver”), if an arbitrator or court of competent
|
|
jurisdiction decides that any part of these Terms is invalid or
|
|
unenforceable, the other parts of these Terms will still apply.
|
|
</LI>
|
|
</OL>
|
|
</LI>
|
|
<LI>
|
|
<STRONG>General Terms.</STRONG>
|
|
<OL>
|
|
<LI>
|
|
<EM>Entire Agreement</EM>. These Terms constitute the entire and
|
|
exclusive understanding and agreement between Bluesky and you
|
|
regarding the Services and Content, and these Terms supersede and
|
|
replace all prior oral or written understandings or agreements
|
|
between Bluesky and you regarding the Services and Content. If any
|
|
provision of these Terms is held invalid or unenforceable by an
|
|
arbitrator or a court of competent jurisdiction, that provision
|
|
will be enforced to the maximum extent permissible and the other
|
|
provisions of these Terms will remain in full force and effect.
|
|
You may not assign or transfer these Terms, by operation of law or
|
|
otherwise, without Bluesky’s prior written consent. Any
|
|
attempt by you to assign or transfer these Terms, without such
|
|
consent, will be null. Bluesky may freely assign or transfer these
|
|
Terms without restriction. Subject to the foregoing, these Terms
|
|
will bind and inure to the benefit of the parties, their
|
|
successors and permitted assigns.
|
|
</LI>
|
|
<LI>
|
|
<EM>Notices</EM>. Any notices or other communications provided by
|
|
Bluesky under these Terms will be given: (i) via email; or
|
|
(ii) by posting to the Services. For notices made by email,
|
|
the date of receipt will be deemed the date on which such notice
|
|
is transmitted.
|
|
</LI>
|
|
<LI>
|
|
<EM>Waiver of Rights</EM>. Bluesky’s failure to enforce any
|
|
right or provision of these Terms will not be considered a waiver
|
|
of such right or provision. The waiver of any such right or
|
|
provision will be effective only if in writing and signed by a
|
|
duly authorized representative of Bluesky. Except as expressly set
|
|
forth in these Terms, the exercise by either party of any of its
|
|
remedies under these Terms will be without prejudice to its other
|
|
remedies under these Terms or otherwise.
|
|
</LI>
|
|
</OL>
|
|
</LI>
|
|
<LI>
|
|
<STRONG>Contact Information.</STRONG> If you have any questions about
|
|
these Terms or the Services, please contact Bluesky at:
|
|
support@bsky.app.
|
|
</LI>
|
|
</OL>
|
|
</>
|
|
)
|
|
}
|