There will be no malicious interference of any kind. Please refer to the detailed terms below for amplification.
There will be respect of the presence of children on these sites, and therefore no posting of foul, offensive, or inciteful language beyond what would reasonably be considered "artistic", nor any lewd or lascivious images that would be considered "pornographic" and outside the realm of "artistic" and "tasteful".
All material posted or uploaded by web site users must be original or in the public domain. All non-original material must be properly attributed. Any uncopyrighted material posted or uploaded on our sites becomes the property of the Furball Productions Inc and you give us permission to release it and rebroadcast it. You also agree not to hold us liable for anything resulting from such release or rebroadcast. You are aware that anything you post on our sites will likely have a world-wide audience.
Financial and Shopping
You must be a registered user to shop in our stores. We ask for nothing but your e-mail address, so we can contact you about your orders and payments. If you use a credit card we may ask for your zip code and street address, because our merchant sometimes requires these for card verification. We will not keep your credit card information on file unless you ask us to. For your convenience, you may enter this information into your Account Profile if you are a frequent shopper. All personal information is encrypted using a proprietary security algorithm with an offsite key.
If you request that we ship physical items to you, we strongly recommend that you select an insured shipping method. If you choose not to insure your shipment, we will not be responsible for the safe arrival of your items. We will provide you with a tracking number for all insured shipping methods, however uninsured USPS Parcel Post and uninsured First Class Mail can not be tracked.
You may choose to pay us with a credit card, by check or money order, or with PayPal. Our merchant for credit cards is PayPal. Credit card charges will appear on your statement as "Merchandise - Furball Productions Inc". Checks and money orders should be made payable to "Furball Productions Inc". Payments made by check or money order are subject to a delay of 5 to 10 days in fulfillment pending the clearance of funds. We accept the following payment methods: PayPal, Visa Card, Master Card, US or international money orders, international certified bank drafts and cashier's checks denominated in US dollars, and personal checks in US funds drawn on US banks.
All sales are final. We do not issue refunds on purchases. However we will replace any defective merchandise. Customers who attempt chargebacks on credit cards or PayPal agree to pay us a $50.00 administrative fee in addition to being held liable for all charges incurred through our online merchant. If you have a problem with your merchandise for any reason, you agree to contact us directly instead of attempting a refund or chargeback through your financial institution.
Personal checks that are declined for any reason are subject to a $50.00 administrative fee in addition to the amount of the check. We accept personal checks drawn on US banks in US dollars only. If you are an international customer and you would like to pay by check, please send us a certified bank draft or an international money order. You can also wire us money through Western Union, or you can send us a traveler's cheque. We do not accept purchase orders!
You may choose to fund your User Account. Refunds on funds in user-funded Accounts are issued only in the manner in which the funds were provided to us. If you sent us a check, we'll send you a check back. If you elect a refund on funds you remitted with a credit card, we will credit only that same card. Credit card refunds are limited to a maximum of 30 days from the date of the original charge. If you are requesting a refund for a credit card charge that occurred more than 30 days prior, we will issue your refund by check instead of crediting your card. For exceptions to this policy, please contact our accountant at our central support address firstname.lastname@example.org with your request.
Our marketing and administrative staff may send you promotional e-mails from time to time. If you wish us not to do so, you may elect to turn off the e-mail switch in your User Profile. However your e-mail address will be validated if you purchase anything from our stores, and that is the address we will use to send you order confirmations and payment receipts. Our webmasters will validate e-mail addresses periodically, to ensure that we have a way to reach you should there be any problem with an order or a payment. Users with invalid or expired e-mail addresses may be flagged and deleted from our system. Please keep your e-mail address current!
You can update your cookie preferences at any time here or from inside your User Console.
Furball Productions Inc may own and operate online discussion forums, and we take no responsibility for any of the material or content posted by the forum users. By using any of these discussion forums, you understand that artistic and technical discussion can sometimes become heated and even offensive, and you agree not to hold us liable for any inflammatory or inaccurate information that may be posted on our boards. These are public forums and we do our best to moderate them, and we adhere to the COPPA regulations as well, but we make no claims regarding the public verbiage on these boards, and the forums are maintained only for your enjoyment and entertainment.
Additional terms, definitions, and legal verbiage:
"Dispute" means, any controversy related to these Terms, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
"Company" means, Furball Productions Inc. References to "Us", "We", or "Our" means Furball Productions Inc, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors - including but not limited to Furball Records, Furball Audio, Group of 12, Killer Amps, King Scruff, Desert Edge, Love Chicks LLC, Indie Heaven, EC Promotions, and Furball Community Relations. Company does not include Company Affiliates or third-parties like Vibe Central Inc and Jefferson Lynn Global Music LLC.
"Company Affiliate" (or "Company Affiliates") means, Company's third-party content providers, distributors, licensees, or licensors.
"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, registrable or otherwise, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
"License" means the limited License company grants you to the Services, as set forth in Section 2(b) herein.
"Notice" means, a delivered writing by e-mail or courier delivery to the other party at their respective address and will be effective upon receipt.
"Service" (or "Services") means, any website or mobile application provided by Company including without limitation the following the Company websites and all subpages thereof: furball.global, furballrecords.com, furballaudio.com, groupof12.com, kingscruff.com, killeramps.com, lovechicks.com, desertedge.band, verenacastle.com, furballproductions.org, and others
"Terms of Service" (or "Terms") means, the terms and conditions in this agreement.
2. Ownership and Limited License
a) Ownership. The Services are owned or licensed by Company and are protected by Intellectual Property Rights and other proprietary rights laws. Company reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the license granted herein.
b) License. Subject to your agreement and continuing compliance with these Terms and any other relevant Company policies, Company grants you a non-commercial, non-exclusive, non-transferable, fully revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment and informational purposes. You agree that you will not use the Services for any other purpose.
c) License Limitations. Any use of the Services in violation of the law, these Terms, or these License limitations is strictly prohibited, and may result in the immediate revocation of your limited License at Company's sole judgment or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
i) Partake in any activity or action that Company deems to be against the spirit or intent of the Services;
ii) Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute the Services or any other material obtained through the Services;
iii) Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
iv) Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
v) Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Company itself or Company Affiliates;
vi) Organize or participate, in conjunction with your use of the Services, in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Company;
vii) Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person"s use or enjoyment of the Services;
viii) Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, or Company;
ix) Use of access services to obtain, generate, or infer any business information about Company or Company Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
x) Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, or errors, except for the sole purpose of privately and directly notifying Company;
xi) Make available through the Services any material or information that infringes any intellectual property right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Company employees;
xii) Attempt to gain unauthorized access to Services; and
xiii) Use the Services where it is prohibited by law.
a) Unless modified or amended by Company, these Terms of Service shall remain in full force and effect. Termination of the License or any other license granted by Company under these Terms does not affect any other provisions of these Terms nor will termination waive or diminish any Company rights hereunder.
4. Access and Permissible Assignment
a) User Account. To use the Services, "Users" may set up an individual User Account ("Account")."User Account" includes your user information and all sub-accounts including monetary subaccounts, as well as your User History. You must set up a User Account to purchase merchandise. To create a User Account, you must be 18 years old, if you are under 18 years old, you may only create an account with the permission of your parent or legal guardian. If you are under 13 years old, you may not create an account and please do not provide us with any information. Each User Account, regardless of the type, includes a unique and complex password ("Password") used to access your account. You are solely responsible for maintaining the confidentiality and security of your User Account and Password. Such security includes, but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Services and/or where such Password may be stored. You agree not to assign or otherwise transfer your User Account to or share your Password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your User Account that results from theft or misappropriation of your Password or other account credentials. Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider. You hereby acknowledge and agree that any action taken under your User Account will be presumed to have been authorized by you and that you are solely responsible for all activities and actions that occur under the auspices of your User Account.
b) You may deactivate or delete your Account at any time by following instructions provided in the Services or by contacting email@example.com
c) By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor who has been authorized under the provisions of Section 4(b) below.
d) If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
i) You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
ii) You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms of Service;
iii) You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
iv) In consideration of Company allowing access to the Service by a minor, and in addition to the provisions of Section 8 below, the foregoing legal guardian hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.
e) If you have been previously banned from using any Company services then you may not use the Services.
f) Notwithstanding the above provisions of Section 4, if you are located in a country that requires parental consent for Services to collect or use your data at a higher age than 13 (e.g., certain countries following the General Data Protection Regulation) AND you are under that country’s specified age, you must not use any part of the Services or submit any personal information to Company through the Services or otherwise unless a) consent was given or authorized by the holder of parental responsibility of that child and b) you receive a Notice that consent was confirmed from Company.
g) Use and access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
5. Service Availability and Termination
a) You acknowledge that:
i) Company may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
ii) Company has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services at any time, for any reason or for no reason, without Notice and without liability to you;
iii) Access to the Services may be interrupted for reasons within or beyond the control of Company, and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
iv) Company may not offer the Services in all countries or geographic locations;
v) You are solely responsible for any internet connection and/or mobile fees that you may incur as a result of using our Services.
i) Users may purchase certain merchandise via the Services. Company shall make such merchandise available, from time to time, in its sole discretion.
ii) Payment. Company partners with PayPal (a "Payment Processor"), to facilitate credit card and other payments, in connection with your purchase of the merchandise. Payment processing time will vary depending on your location. You will receive a receipt from the applicable Payment Processor confirming payment. If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using a Payment Processor you may be subject to an agreement with such Payment Processor. For your reference, PayPal’s User Agreement is available here. If Company receives notice that your activity violates any of the foregoing agreements or any similar agreement between you and or any other Payment Processor, Company may, in our sole discretion take action against your Account to bring you into compliance with such agreements. Such actions may include canceling a transaction, and/or suspending your User Account privileges and/or removing certain payment methods.
iii) YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION AND COMPANY HAS NO CONTROL OVER THE CONDUCT OF OR ANY INFORMATION PROVIDED BY ANY PAYMENT PROCESSOR AND COMPANY HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
iv) Refunds. You understand and acknowledge that company does not issue refunds for merchandise, however company may, in its sole discretion, replace defective or otherwise unacceptable merchandise. Company may, in its sole discretion, refund stored Account funds that are older than 1 year. To request a refund, please contact firstname.lastname@example.org. You hereby acknowledge and agree that fees charged by Payment Processors to process payments are at all times non-refundable for any reason.
6. Intellectual Property
a) All content included as part of the Services, including but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained hereon is property of the Company or its third-party suppliers, or is rightfully used subject to a license agreement between Company and a third-party and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works of, or in any way exploit any of the content, in whole or in part, provided on, transmitted through, or found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any such content, and in particular you shall not delete or alter any proprietary rights or attribution notices in such content. You shall use the content provided through, transmitted through, and found on the Services solely in compliance with the limited License set forth herein, and will make no other use of the Content without the express written permission of the Company and/or related third-party owners of such content. You acknowledge and agree that you do not acquire any ownership rights in the content provided through the Services. Except as provided herein, these Terms do not grant any licenses, express or implied, to such content or any other intellectual property of the Company, its licensors, or any third-party owner.
7. Links to Third Party Sites and Services
The Services may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Company or any part of the Services. Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
8. Disclaimer, Warranty, and Liability
YOU ACKNOWLEDGE THAT COMPANY AND COMPANY AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR
(2) FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES AND ANY MERCHANDISE ARE PROVIDED BY COMPANY TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF COMPANY AND/OR COMPANY AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO COMPANY AND/OR COMPANY AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM.
IF YOU HAVE NOT PAID COMPANY OR ANY COMPANY AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY AND/OR ANY COMPANY AFFILIATE IS TO CEASE USING THE SERVICES.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, COMPANY AND COMPANY AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
a) You agree to defend, indemnify and hold harmless Company, Company Affiliates, and any third-parties under agreement with Company, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
i) Your breach and/or failure to comply with any provision, obligation, representation, warranty, or covenant contained in these Terms of Service;
ii) Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
iii) Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
b) Company and Company Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
c) You acknowledge, and further agree that Company has no obligation to defend, indemnify or hold harmless you in any way related to these Terms, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
d) This Section shall survive the termination of these Terms.
10. Dispute Resolution
a) Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon Company’s receipt of Notice from you.
b) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if Company, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or Company may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.
i) The American Arbitration Association ("AAA") will run the arbitration between you and Company, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
ii) YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Company both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Company. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Company further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
a) Changes. It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that Company may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless Company states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services and that such use constitutes your acceptance of the same. You should check this page regularly to stay informed about any changes.
b) Complete agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as set forth herein; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
c) Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
d) Waiver. No act or failure to act by Company will be deemed a waiver of any right contained in this agreement, and any waiver by Company must be in writing and signed by an officer of Company. If Company does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
e) Severability. If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
f) Remedies. You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to Company, entitling Company to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Company as a result of a breach of any of the provisions of this agreement.
g) Governing Law and Venue. Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of the State of California without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 10, the Courts in the State of California shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under these Terms. Accordingly, the parties hereby consent to the personal jurisdiction of the Courts in the State of California, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
h) Language. To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
12. Electronic Communication
Each and every time you either use the Services or send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
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