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Terms of use


Overview of Service

BYLINED ME, INC (“BYLINED” or “we”) offers a platform for registered Users (“you” or “Users”, which include both licensees (“Buyers”) and licensors (“Byliners”) to license photography Content (defined below) in an online marketplace. Buyers can create and publish requests for specific types of photos (each an Assignment) but for the purposes of this Agreement, hereinafter both shall be called a Assignment), and Byliners can submit Content in response to an Assignment, for possible license. In addition, BYLINED hosts a collection of photos that it makes available to all Buyers for possible license through a searchable collection of photos where Buyers may purchase individually. The amount of Content that may be downloaded during each session shall be that specified in a Buyer order. Content that is not used in an Assignment will expire and will eventually be removed from our system. Users or other Content owners can establish and upload their Content to an online profile, where such Content ("Profile Content"), may be licensed by Buyers directly from the Byliner. Further information on how Users can request photos, submit Content, and license Content can be found below or in our FAQ’s.

Plain English: When you license on BYLINED, you have great peace of mind.

Acceptance of Terms

By accessing or using the BYLINED website, the BYLINED service, or any applications (including mobile applications) made available by BYLINED (together, the "Service"), however accessed, you, the User agree to be bound by these terms of use ("Terms of Use"). Please read these Terms of Use, Copyright Policies and the BYLINED Privacy Policy carefully. If you do not accept all of the terms contained in these policies, do not register for or use the Service.

Plain English: Please be cool and follow all the rules.

Arbitration Notice

YOU AGREE THAT DISPUTES BETWEEN YOU AND BYLINED ME, INC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION. FOR FURTHER INFORMATION PLEASE CONSULT THE “ARBITRATION” SECTION BELOW.

Plain English: If there's an issue, let’s just 'talk it out'.

General Conditions of Use

You must be at least 18 years old to register to use the Service. If you are registering to use the Service on behalf of a legal entity, (i) you must be the authorized representative of such entity; and (ii) with respect to any Buyer, have the full power and authority to bind Buyer to the License Grant; and (iii) if Buyer subsequently disputes such power or authority, you shall be liable for any failure of Buyer to comply with the terms of this Agreement.

BYLINED may, in its sole discretion, refuse to offer the Service to any person or entity and may change the eligibility criteria at any time.

Plain English: You need to 18 or older to use the service and we reserve the right to refuse service to anyone.

From time to time, BYLINED may change these Terms of Use. You agree that the updated terms of use (“Updated Terms”) shall become effective as of the date they are posted. BYLINED will give you reasonable notice before any Updated Terms become effective unless the changes are for legal or administrative reasons. If you object to the Updated Terms, your sole recourse is to terminate your use of the Service. BYLINED recommends that you check the Service from time to time to inform yourself of any changes in these Terms of Use or any of our other policies.

Plain English: Just as in life, things will change in our processes over time.

BYLINED takes reasonable measures to ensure that the Service is accessible 24 hours a day, seven days a week. We reserve the right, at our discretion, to take necessary technological, maintenance or security measures that may affect the accessibility of Service, including shut down of the Service. We will store digital files (including but not limited to images, graphics, audio and video clips, text and data (collectively, and including all Marketplace Content and Profile Content, “Content”) uploaded by a User to the Service in the same format as uploaded, but we will not be responsible for any loss, damage or alteration of the Content that occurs during the file transfer to or from our servers.

Plain English: Make sure you back up your work.

Registration, Payment

As part of your registration for the Service, you will be required to submit certain information so that we can set up your account. You may also be able to register through an existing social media site like Facebook, for example. We handle all such information in accordance with our Privacy Policy, which currently we limit to Service-related uses. In the event that you wish to license Content or get paid for licensed Content through the Service, you must register with the Service, provide certain personal information about payment details (the “Payment Data”) and agree to the applicable terms of use of an available payment facilitator then supported by BYLINED (currently PayPal, Square and Stripe, however, the payment facilitators supported by the Service are subject to change from time to time). In the event that your Content is sold through a Third Party Partner Site, BYLINED, LLC shall compensate you as set forth in the Payout page of this Service and notice of these payments will be made to you in your Manager.

Plain English: We won't share your information with anyone. When your photo sells, you get paid through PayPal, Square or Direct Deposit (it’s up to you), and, please read these services Terms and Conditions and Privacy Policies carefully.

User Behavior

You are solely and fully liable for all conduct, Content, Assignments, User profiles and transactions that are made under your username and password. You are solely responsible for keeping your passwords safe and secure. You agree that while using the Service you will comply with the following rules:

  1. You will not interfere with or disrupt the servers or networks connected to the Service;
  2. You will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, racist, or otherwise harmful material of any kind, including without limitation Content that depicts nudity, sexual conduct or violence;
  3. You will not disobey or breach these Terms of Use or any other applicable instructions conveyed by BYLINED;
  4. You will not violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
  5. You will not upload, post, e-mail, transmit or otherwise make available: (a) any Content or material that infringes upon a third party right, including, without limitation, copyright, trademark right of publicity or privacy or any other intellectual property rights; (b) any advertisements for yourself, your Content or your services; (c) any third party advertisements, including banner exchange services; (d) any software viruses, Trojan horses, worms or any other malicious application or code; or (e) any Content or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
  6. You are legally responsible for the Content you make available on the Service. Other than the limited license grant, You retain ownership in, and are solely responsible for, the Content you post;
  7. You will not impersonate any person or entity, or make any false statement regarding his, her employment, agency or affiliation with any person or entity;
  8. You will not scrape or otherwise use any data mining, robots, or similar data gathering or extraction methods (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
  9. You will not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any other users.
  10. In the creation of an account Byliners and Buyers may post URLs in user profile information and Assignment details, however, you must not use domain names or web URLs in a BYLINED username without BYLINED’s prior written consent.
  11. You will not create false identities in order to circumvent BYLINED promotional programs to earn money, purchase your own photos, post political or promotional opinions, slander other users, or encourage fraudulent behavior. Such behavior will result in a removal of the User account.
  12. You will abide by these terms and conditions, Assignment creation and Content submission requirements as described in the FAQ's, including without limitation the information concerning Releases.
  13. You agree not to permit any third party to do any of the foregoing. BYLINED reserves the right to terminate the Assignment or remove any Content that does not comply with these Terms of Use or for any reason by BYLINED, in its sole discretion.

Plain English: Play nice or else.

Assignments

Buyers can request photos for certain types of photos may create a Assignment following the instructions detailed within the Service and in the BYLINED FAQ's. Byliners may need to reach a certain user level before they can respond to and participate in an Assignment.

BYLINED may also offer photo Assignments within the Service (“BYLINED Assignments”). Byliners who submit Content in response to an Assignment may also be eligible to submit to BYLINED Assignments that BYLINED or Buyers may run from time to time. Buyers may also license photos from BYLINED Assignment posted by BYLINED at any time. Assignment photos are governed by the same Prohibited Uses defined below. Please be sure to read and understand the Assignment rules as posted on the Service.

Plain English: On BYLINED, Buyers make a creative brief for photos called 'Assignments' & BYLINED or Buyers can create 'Assignments'.

Profile Content

Content uploaded to a Byliner' profile as samples of their work (“Profile Content”), but not included in the Marketplace, may also be made available for purchase to Buyers. BYLINED, in its sole discretion, may review any Content submitted by Byliners to their profile and include it in the Marketplace. Under no circumstances shall BYLINED indemnify Buyers who license Profile Content that is not chosen for the Marketplace. More information regarding use of Your profile, managing your Profile Content and maximizing your licensing opportunities, can be found in our FAQs. Please do not include your own watermarks in uploaded Content. Photos uploaded to BYLINED are automatically watermarked to ensure your copyright protection. When a Buyer licenses Content hereunder, the watermark is removed when the Content is downloaded. If you upload a photo with your own watermark there may be technical or attribution issues, and opportunities for to the image will be diminished.

Plain English: Photos may be for sale on a Byliner's profile but not all of them have the same indemnification guarantee from BYLINED.

Attribution

Buyer agrees that it shall provide attribution to the Byliner in connection with any editorial use of Content licensed via BYLINED, unless the Byliner waives any right to attribution directly. Notwithstanding the above, BYLINED shall not be responsible if the Buyer fails to credit the Byliner/p>

Plain English: If you license photos for editorial use, you will attribute the selling Byliner. Don't forget, but if it happens - it's not on us.

License Grants; Terms Each User grants the following licenses where applicable:

Each Buyer that purchases Content, creates an Assignment or each Byliner that uploads Content to the Service agrees to grant the following licenses where applicable:

A. License to BYLINED for use in the Platform: A worldwide, non-exclusive, royalty-free, transferable license to reproduce, distribute, display and to create derivative works of Content uploaded to BYLINED in connection with its offering of the Services, including for promoting the Service; and/or redistributing the Service through third parties in any format and through any distribution channels.

Plain English: Byliners: We may use your work in order to promote you and Bylined. If so, you offer a Royalty Free license to Buyers. We’ll also give you attribution.

B. License To BYLINED for the Marketplace: A worldwide, royalty-free, transferable license (that is exclusive in the case of Premium Content) to reproduce, distribute, publish, transmit and display (in whole or in part) and to create derivative works of the Content uploaded by Byliners (collectively 'use') with the right to grant sublicenses to licensees to use the Content, in all media throughout the world, for all legal purposes, other than those uses prohibited below under Prohibited Uses. This grant of rights includes the right to permit BYLINED to use the services of third party distributors to offer selected Content for licensing.

Plain English: Byliners: Your photos may be licensed from the Marketplace and through our partners around the world.

Each Byliner grants to each Buyer: A. A worldwide, non-exclusive, royalty-free license to grant access to the Content through the Service for review purposes (as defined in this agreement); and b) upon selection of Content for license by a Buyer and payment therefor, a perpetual, non-exclusive, non-transferable, non-sub-licensable, royalty-free worldwide personal and commercial license to, reproduce, distribute, publish, transmit and display, in whole or in part, the Content, and create derivative works from the Content in any and all media for all legal purposes other than those uses prohibited below under Prohibited Uses or as stated with the Content's Permission Status limits. Buyer may store the Content in a closed digital library, network configuration or similar arrangement to allow the Content to be viewed by employees, partners and clients of Buyer only, and so long as Content is not downloaded through a Subscription, there shall be no more than five (5) users accessing the Content at one time. Buyers who purchase a Subscription may be limited to the number of seat licenses or granted additional seat licenses. Additional seat licesnses must be purchased if the Buyer requires more than five (5) users before such additional use begins. For additional seat licenses, please contact us. All rights to the Content shall continue to be owned by the Buyer.

Plain English: You offer a Royalty Free license to Buyers. Buyers can only use the photos as described above - they own them.

By way of example only, as part of the License Grant to a Buyer, the Buyer is permitted to:

Have the Content reproduced by subcontractors of Buyer for the preparation of the Content, provided that such subcontractors agree to abide by the provisions of this Agreement;
Incorporate the Content into merchandise for resale or distribution (except for “print on demand”), without limitation to any size of the production run of such merchandise, including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online or paper greeting cards, provided that the merchandise contains text or written words and the Content is as one item; or that the Content, alone, is not the primary factor driving the sale of the merchandise.

Plain English: We give Buyers the right to work with others to get their final projects completed & made. Buyers can use our photos on physical products that can sometimes be tangible things.

Prohibited Uses

This license is a limited license. Buyer may not:

  1. Use the Content in any pornographic, defamatory or otherwise unlawful manner, whether directly or in context or juxtaposition with specific subject matter.
  2. Use any Content featuring a model or property in connection with the endorsement of any product or service or a subject that would be unflattering or unduly controversial to a reasonable person, without accompany each such use with a clear and conspicuous statement that indicates that (i) the Content is being used for illustrative purposes only, and (ii) any person depicted in the licensed Content, if any, is a model.
  3. Use any Content for commercial purpose, featuring an identifiable trademark, person or property that the Byliner has NOT obtained the explicit permission. For the purposes of clarity, you MAY NOT use any photo with recognizable people or property for COMMERCIAL PURPOSES (as to promote a product or a service) where the photo's permissions status is marked "No or Not Applicable. Editorial Use Ok."
  4. Outside of derivative works created with the Content; sublicense, sell, assign, convey or transfer any rights granted to the Content under this Agreement, including the use in any competitive Service;
  5. Sell, license or distribute any end product containing the Content in a way that is intended to allow or invite a third party to download, extract or access the Content as a standalone file;
  6. Without obtaining an additional license or other direct permission, use or display the Content in any medium designed to induce or involve the sale, license or other distribution of "print on demand" products where the Content is the main focus of the product (e.g., products in which Content, alone, is selected by a third party for customization of such product on a made-to-order basis, including, by way of example only, on-demand postcards, mugs, tee shirts, prints, and other items);
  7. Falsely represent, expressly or implied, that User is the original creator of a work that derives a substantial part of its artistic components from the Content as this would infringe on the copyright of the original artist; or
  8. Make the Content available to a third party on a digital asset management system, shared drive or file sharing service for the sole purposes of sharing or transferring Content with out a license.

Plain English: Buyers, don't do any of the above without separate permission from the Byliner or BYLINED or the deal is off.

Byliners' Grant to Comping Use of Content

Byliner grants, for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use any selected Content made available as a protected and water marked file, and any derivatives or copies created (collectively, the "Licensed Content"), on your personal computer and, in any test, sample, comp or rough cut evaluation materials. The Content may only be used non-commercially, in materials for personal evaluation purposes or sample use only, including layouts.

Plain English: Buyers can kick the tires on a photo and pitch it to their clients.

Termination by Byliner

All licenses to the Content granted by a Byliner to BYLINED according to the above shall automatically terminate when the Byliner or BYLINED, as the case may be, removes or deletes the Content from the Service. Termination or removal of Content by a Byliner shall not affect any previously granted licenses to Buyers. Please review our FAQs for more information regarding management of Your Content and your profile.

Plain English: If a photo is sold to a Buyer and the Byliner leaves BYLINED, the Buyer still gets to use their licensed photo.

Compensation

For any Content licensed, the Buyer agrees to pay the amount posted on the Assignment by way of posted amount (“License Fee”) in US Dollar; and Byliner agrees to pay a separate transaction fee to BYLINED for the use of the Service (“Transaction Fee”). Transaction Fees are the responsibility of the Byliner and are equal to 25% of the posted amount on the

Please note: Payments will be processed on the 1st of the following month, providing your balance is $25 or more. If the 1st is a weekend or US holiday, the payment will be made on a prior business day. In any event, once you request a payout, it currently averages up to 15 business days to receive money in your chosen account. Assignment payouts will be totaled at the end of the month and paid out on the 1st of the following month upon request. Payments may not be released to the Byliner until all licensing fees are collected to from the Buyer, and at such time, the Byliner's earning will be made available.

Plain English: Byliners keep 75%, Bylined get 25%.

Payment of License Fees. License Fees are collected directly by BYLINED via the payment facilitator at the time the transaction occurs. The Transaction Fees are automatically deposited into BYLINED’s account and then distributed to Byliners via the Byliner’s chosen BYLINED-supported payment facilitator after a 3-day settlement period. After the settlement period has passed, Byliner has the right to withdraw payouts associated with License Fees. All sales are final and there is no cancellation once a license transaction has occurred. License Fees paid to the Byliner for the Content is taxable income in most countries. Byliners who receive License Fees shall be liable for ensuring that all payments of tax, and other payments are duly remitted in accordance with the applicable legislation of their country and region.

Plain English: We charge Buyers and pay Byliner using Stripe and Paypal. We then keep a percentage to run the business. Oh, and you have to do your own taxes.

Employment and Withholding

BYLINED does not employ Users in any way. As such, BYLINED will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with Your use of the Service or any transactions in connection therewith. You understand and agree that if BYLINED is found to be liable for any tax or withholding tax in connection with Your use of the Services, then you will immediately reimburse and pay to BYLINED an equivalent amount, including any interest or penalties thereon.

Plain English: Just because you use BYLINED does not mean we hired you.

Byliners’ Representations & Warranty

The Byliner represents and warrants that (i) it is the original creator of the Content and that it holds all rights in and to the Content; (ii) it has the legal right and capacity to enter into these Terms of Use; (iii) the Content does not infringe upon any copyright, trademark, moral right, right of privacy or publicity or other intellectual property right of any third party and (iv) it has obtained, where applicable, a valid written model or property release from any relevant third party subject, co-owner or otherwise sufficient to license the Content through the Service (the “Releases”).

Plain English: You’re telling the truth.

User Indemnification

Each User (Buyer or Byliner) agrees to defend, indemnify and hold harmless BYLINED, its affiliates, and their respective officers, directors, members, employees and agents, licensees, customers, and other Users from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising from your use of the Service; your use of the Content in violation of these Terms of Use; or your violation of any third party rights, including copyright, trademark right of publicity or privacy, or other third party intellectual property right; this defense and indemnification obligation will survive these Terms of Use and your use of the Service and the use of any Content.

Plain English: You won't blame us for your negligence.

BYLINED’s Representations

BYLINED represents and warrants that the Content (as submitted and unaltered by Users) that is downloaded and used in full compliance with this Agreement and applicable law will not infringe any copyright, trademark or other intellectual property right, and such unaltered Content does not violate any third parties' rights of privacy or publicity; and (b) unaltered Content does not and will not: (i) violate any US law; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.

Plain English: When a Buyer licenses a photo we'll stand by this agreement.

Indemnification to Buyer

Provided that Buyer is not in breach of the Terms of Use, BYLINED shall defend, indemnify, and hold Buyer harmless up to the "Limits of Liability" (as hereinafter defined) arising out of or directly connected to any actual or threatened third party lawsuit, claim, or legal proceeding for direct damages together with expenses (including reasonable outside attorney’s fees) based on BYLINED’s breach of its representations and warranties under this Agreement. This indemnification is conditioned upon you notifying BYLINED, in writing, of any such claim or threatened claim, no later than ten (10) days from the date you know or reasonably should have known of the claim or threatened claim including all details of the claim then known to you. The notification must be emailed to BYLINED at legal [at] bylined.e with a hard copy sent to BYLINED, 65 E Gay Street, Suite 200, Columbus, OH 43215. BYLINED shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with BYLINED in the defense of any such claim and shall have the right to participate in any litigation at your own expense. BYLINED shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein. BYLINED shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or the context in which the Content is used by you. BYLINED’s total maximum aggregate obligation and liability to any one User for all claims shall be limited to Ten Thousand United States Dollars - US$10,000.00 - (the "Limits of Liability").

Plain English: We'll stand by our Buyers and Photographers if there's a problem up to a $10,000 limit.

Upon notice from BYLINED, or upon your knowledge that any Content is subject to a threatened, potential or actual claim for which Content owner or BYLINED may be liable, you must immediately and at your own expense (a) stop using the Content; (b) delete or remove the Content and any uses of the Content from your premises, computer systems and storage (electronic or physical); and (c) ensure that your clients, partners and any entity to whom you’ve provided Content do likewise. BYLINED shall provide you with replacement Content (which shall be determined by BYLINED in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

Disclaimer; Limitation of Liability

OTHER THAN AS SET FORTH IN INDEMNIFICATION ABOVE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BYLINED AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL BYLINED, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Copyright Notice

BYLINED has adopted and implemented the BYLINED Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

Plain English: If a User reports a problem, we have a right to make it go away.

Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BYLINED. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from BYLINED, you do so at your own risk and you agree that BYLINED will have no liability arising from your use of or access to any third-party website, service, or content.

Plain English: Navigate to outside hyperlinks at your own risk.

Arbitration

Any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use shall be resolved by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BYLINED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Plain English: If things go sideways, we’re calling in an Arbitrator.

Governing Law; Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with BYLINED exclusively in a state or federal court located in Columbus, Ohio, and to submit to the personal jurisdiction of the courts located in Franklin County for the purpose of litigating all such disputes.

Plain English: If you have a dispute, you need to bring it to Columbus.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. BYLINED's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. BYLINED reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with BYLINED.

Entire Agreement

These Terms of Use, together with BYLINED’s Privacy Policy and any other legal notices published by BYLINED on the Service, shall constitute the entire agreement between you and BYLINED concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BYLINED.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is BYLINED
629 N High St
4th Floor
Columbus, OH 43215
By email: hi@bylined.me
To file a complaint or to receive further information regarding use of the Service, send a letter to the above address, contact BYLINED via e-mail or telephone at 614-282-4450. You may also contact the Office of Consumers' Counsel at 77 South High Street, 15th Floor, Columbus, OH 43266-0550. 614-466-8574 (outside OH) E-mail: occ@occ.state.oh.us
Web site: www.state.oh.us/cons/