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Terms of Use
1. ACCEPTANCE OF TERMS
Your use of the products, software, services and web sites and all corresponding linked pages (collectively, the "Sites"), owned or operated by MadCap Fusion, LLC and its affiliated companies (collectively, the "Company"), may be accessed only by you and only if you fully comply with the terms of use described herein ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW). BY ACCESSING THE SITES, USING CONTENT OR USING ANY PART OF THE SITES OR ANY CONTENT OR SERVICES (EACH AS DEFINED BELOW), YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS HEREUNDER, THEN YOU MAY NOT ACCESS THE SITES OR USE CONTENT OR ANY SERVICES. THE COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY THE COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. ELIGIBILITY
To utilize the Services you must be either a company or, if you are an individual, at least [18] years old. Further, you may only use the Services if you live (or if the company is located) in a country and political division (e.g., state or province) that permits the use of the Services. If you do not so qualify, do not attempt to use the Services. This Terms of Use will be void and without effect, and you will not be eligible to use any Services, if you do not satisfy these age and jurisdiction requirements.
3. MODIFICATIONS OF TERMS OF USE
The Company reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. You shall be responsible for regularly reviewing these terms and becoming familiar with any such modifications. Your use of the Services following any modification constitutes your acceptance of the terms and conditions of the Terms of Use, as modified. In addition, when using particular Company owned or operated services, you and the Company shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.
4. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, the Company shall provide you the Services. "Services" may include, but not be limited to, the storage, management, sharing, linking and provision of music, information, media, document files and the like (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, software, audio, video, Company product information, Company services information and similar materials provided by the Company or third party users, also collectively known as "Content"). The Services that the Company provides are always evolving and the form and nature of the Services that the Company provides may change from time to time without prior notice to you. The Company may change, suspend or discontinue the Services or any Content for any reason, at any time, including the availability of any feature or part of Content. The Company may also impose limits on the Services or restrict your access to parts or all of the Services without notice or liability. You understand and agree that the Services are provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personalization settings or Content. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.
The Services may include advertisements, which may be targeted to Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by the Company on the Services are subject to change. In consideration for the Company granting you access to and use of the Services, you agree that the Company and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
The Services include the ability to purchase and download files. All purchased files will be available for download at collective13.com within your account for a maximum of seven days. This allows sufficient time to download your purchased files in the event that you experience any Internet 'down-time' or simply need to 'sign in' later to download your purchases. Due to the nature of digitally downloaded files, all payments to collective13.com via PayPal® are NON-REFUNDABLE and WILL NOT BE PRORATED.
5. YOUR REGISTRATION OBLIGATIONS
To use some of the Services, you may be required to create an account and provide information to the Company. In consideration of your use of the Services, you represent that you have the legal authority to form a binding contract and are not a person or company barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form as set forth below and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). As a condition to using portions of the Services, you are required to register with the Company and provide a valid email address, select a password and personalized site name ("Registration Data"). All information you provide to the Company shall be accurate, complete, and updated. You may not (i) select or use as a personalized site name a name of another person with the intent to impersonate that person; (ii) use as a personalized site name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a personalized site name a name that is otherwise offensive, vulgar or obscene. The Company reserves the right to refuse registration of, or cancel a personalized site name in its sole discretion. You will receive a password and account designation upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. USER CONDUCT
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or company from whom such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. The Company does not control Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by the Company. The Company reserves the right to remove any Content without notice - the Company may at any time remove posted material. The Company further reserves the right to terminate providing Services to you as determined in its sole and absolute discretion.
Accordingly, without limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate any person;
- to access, post, email, download, reproduce, display, perform, distribute or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that is unlawful, harmful, threatening, vulgar, invasive of another's privacy, libelous, defamatory, obscene, pornographic, promotes illegal activities, violent, racist, sexist, homophobic, discriminatory, abusive, or offensive;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user;
- to create or submit unwanted email ("Spam") to any other user or any URL;
- to "stalk" another user;
- after the Company has refused registration of, or canceled your account, whether by attempting to register using a different email address, personalized site name or otherwise, to circumvent the account registration process;
- for the benefit of any third party (which shall include, without limitation, allowing more than one person to use a Services account) when not expressly authorized by the Company;
- to harm minors in any way;
- to impersonate any other person or entity;
- to upload, email, transmit or otherwise make available Content in violation of any contractual or other legal obligation, to which you are bound;
- to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- to intentionally or unintentionally violate any applicable local, state, national or international law;
- to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your Company ID), use of the Services, or access to the Services;
- to promote or endorse any political issues or candidates;
- to collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through p above;
- to link to any website with Content that is offensive, indecent or objectionable; and/or
- to make offers or solicitations that are not valid, not honored, misrepresentative, illegal or inappropriate.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in the Company's sole and absolute discretion an unreasonable or disproportionately large load on the Company's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures the Company may use to prevent or restrict access to the Services.
The use of any information learned through the Services or while in the Site is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
You acknowledge that the Company may or may not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole and absolute discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, the Company and its designees shall have the right to remove or refuse to distribute any Content that violates the Terms of Use or is otherwise objectionable and to terminate users or discontinue Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company, including without limitation information in all other parts of the Services.
You acknowledge, consent and agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process or governmental request; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company, its users and the public.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Please report any violation of the Terms of Use to the following email: [contact@madcapfusion.com].
7. PROPRIETARY RIGHTS
The Company respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify us per above.
Moreover, the Company may take any action it deems appropriate (in its sole and absolute discretion), including, without limitation, removing, terminating or suspending any Content provided by you or any third party, if the Company believes for any reason that you or any third party possesses insufficient rights in Content to permit full use or access through the Sites.
The Company's Rights: As between the Company and you, the Company and its affiliates and licensors own and retain all rights in the Services, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company and except to the limited extent expressly prohibited by applicable law, you may not (nor permit others to) reverse engineer, copy, modify, publish, transmit, distribute, perform, display or sell any of the Company's proprietary information. the Company trademarks and service marks and other Company logos and product and service names are trademarks of MadCap Fusion, LLC. (the "Company Marks"). Without the Company's prior permission, you agree not to display or use in any manner the Company Marks. Moreover any attempt to use any "spider", "robot", "bot", "scraper" "data miner" or any program, device, algorithm, process or methodology to access, acquire, copy or monitor the Sites or pages, data or content found on the Sites for the purpose of scraping the Services or Content without the prior consent of the Company is expressly prohibited.
Your Rights: It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any Content owned or controlled by third parties that you access or communicate to others in connection with the Services. Any copying, downloading, burning or distribution capabilities with respect to Content shall not constitute a grant or waiver of any rights of the copyright owners of any Content. The availability of any Content does not transfer to you any commercial or promotional use rights in Content.
You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content (text, video or content in any form) on or through the Services, you grant the Company a worldwide, perpetual, non-exclusive, irrevocable, transferable, assignable, royalty-free license (with the right to sublicense) to create derivatives of and to use, store, edit, copy, reproduce, display, archive, reproduce , reprint, process, modify, such Content on the Services for the purpose of displaying, distributing and promoting the Services or any other format or channel. You represent that you have all necessary licenses, rights, consents and permission to provide the User Submission and to grant the foregoing licenses.
You agree that this license includes the right for the Company to make such Content available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by the Company, or other companies, organizations or individuals who partner with the Company, may be made with no compensation paid to you with respect to Content that you submit, post, transmit or otherwise make available through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. The Company will not be responsible or liable for any use of your Content by the Company in accordance with this Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
The Company grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by the Company as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by this Terms of Use.
8. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.collective13.com/privacy.cfm.You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by MadCap Fusion, LLC and its affiliates. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
You can opt-out of most communications from collective13.com including our newsletter, new follower emails, etc. Please see our Privacy Policy for more information.
9. INDEMNITY
You will indemnify and hold harmless MadCap Fusion (MadCap Fusion, LLC), its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damages, expenses, and costs (including reasonable attorneys' fees) arising from (i) any claim or demand made by any third party due to or arising out of your access to the Sites, use of the Services, your Content or violation of the Terms of Use, or (ii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
10. WARRANTY DISCLAIMERS
Third Party Content. Much of the Content displayed in connection with the Services are developed by people over whom the Company exercises no control. Accordingly, the Services may include (or direct you to sites containing) Content that some people find objectionable, inappropriate, or offensive. The Company cannot guarantee that your use of the Services will not expose you to unintended or objectionable Content and the Company assumes no responsibility for what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You hereby release the Company from all liability for you having acquired or not acquired Content through the Services. The Company makes no representations concerning any content contained in or accessed through the Services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.
General Disclaimer. THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
11. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites, virtual worlds, or other resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You agree not to provide links from your Content that is not related to your Content or is inappropriate.
12. INTERSTATE NATURE OF COMMUNICATIONS ON OUR NETWORK
When you register with the Company, you acknowledge that in using the Services to send electronic communications, you will be causing communications to be sent through the Company's computer networks, portions of which are located in California and may be in other locations in the United States and portions of which are located abroad. As a result, and also as a result of the Company's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Use, you acknowledge that use of the Service may result in interstate data transmissions.
13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. CONTRIBUTIONS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to the Company through its suggestion or feedback web pages, if any, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) the Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the Company may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of the Company without any obligation of the Company to you; and (f) you are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MADCAP FUSION, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR POSTED BY OR THROUGH THE SITES OR SERVICES.
16. MODIFICATIONS TO SERVICES
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
17. TERMINATION
The Company will endeavor to notify you when your right to access the Services is about to expire. Upon the expiration of your Services, the Company maintains the right to delete Content for all users created within your Services account.
You may cancel your access to the Services at anytime, and cancellation will be effective immediately. To cancel, login to your account and go to the account section and select the Close Account option.
You agree that the Company may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions) per above, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Company account may include (i) removal of access to all offerings within the Services, (ii) deletion of your password, and (iii) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in the Company's sole and absolute discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
The Company also reserves the right to terminate your account for any or no reason upon one day notice to you.
Upon termination of your account, your right to use the Services will immediately cease. The Company's proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
18. GOVERNING LAW AND JURISDICTION
The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of Orange County, California.
19. DISPUTES
Notwithstanding the foregoing sentence, (but without limiting, and you hereby acknowledge and agree to, the Company's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising from or relating to these Terms of Use (including the enforceability of this arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Service, Inc. ("JAMS") Streamlined Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Los Angeles, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees.
20. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind the Company in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with the Company's prior written consent. You agree that your account is non-transferable and any rights to your Company ID or contents within your account terminate upon your death or dissolution, as applicable. The Company may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company Services, affiliate services, third-party content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this Terms of Use. The Company may provide you with notices, including those regarding changes to the Terms of Use, by email or postings on the Services.
Contact Information
If you have any questions regarding these Terms of Use, please contact collective13.com: Click Here
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