Terms And Conditions
Last updated April 01, 2024
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Launch Multi Media, concerning your access to and use of the Services. You agree that by accessing theServices, you have read, understood, and agreed to be bound by all of these LegalTerms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOUARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on theServices from time to time are hereby expressly incorporated herein by reference.We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PURCHASES AND PAYMENT
5. SUBSCRIPTIONS
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. MOBILE APPLICATION LICENSE
10. THIRD-PARTY WEBSITES AND CONTENT
11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. COPYRIGHT INFRINGEMENTS
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. SMS TEXT MESSAGING
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution toor use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.The Services are not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual propertyWe are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in theUnited States and around the world.The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only. Your use of our ServicesSubject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:access the Services; and download or print a copy of any portion of the Content to which you have properly gained access.solely for your internal business purpose.Except as set out in this section or elsewhere in our Legal Terms, no part of theServices and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:[email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.Your submissions and contributionsPlease review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a contribution. You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or makingContributions accessible through the Services by linking your account through theServices to any of your social networking accounts, you:confirm that you have read and agree with our "PROHIBITED ACTIVITIES"and will not post, send, publish, upload, or transmit through the Services anySubmission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information, you are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c)applicable law.We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at anytime without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any suchContributions, we may also suspend or disable your account and report you to the authorities.Copyright infringementWe respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside;
(3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
(4) you will not use the Services for any illegal or unauthorized purpose; and
(5) your use of the Services will not violate any applicable law or regulation.If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
We accept the following forms of payment:
VisaMastercardAmerican ExpressDiscover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We reserve the right to change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. You authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
5. Subscriptions
Billing and Renewal
Your subscription will automatically continue and renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
Free Trial
We offer a 14-day free trial to new users who register with the Services. Your account will be charged according to your chosen subscription plan at the end of the free trial period.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please contact us at [email protected].
Fee Changes
We may modify the subscription fee from time to time and will communicate any price changes to you in accordance with applicable law.
6. Prohibited Activities
You are prohibited from using the Services for any purpose other than those for which they are made available. Commercial use of the Services is only allowed if explicitly endorsed or approved by us.
As a user, you must not:
- Retrieve data or content from the Services to create or compile a collection, database, or directory without our written permission.
- Deceive, defraud, or mislead us and other users, especially in attempts to learn sensitive information like passwords.
- Circumvent, disable, or interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use obtained information from the Services to harass, abuse, or harm another person.
- Misuse our support services or submit false reports of abuse or misconduct.
- Violate any applicable laws or regulations through the use of the Services.
- Engage in unauthorized framing or linking to the Services.
- Upload or transmit harmful material like viruses, or engage in spamming.
- Use automated systems to interact with the Services without permission.
- Remove copyright notices from any content.
- Impersonate another user or use another user's username.
- Engage in unauthorized data collection or transmission mechanisms.
- Overburden the Services or connected networks.
- Threaten our employees or agents providing the Services.
- Bypass measures to restrict access to the Services.
- Illegally manipulate the Services' software or reverse engineer its code.
- Use automated systems to access the Services unless permitted by standard search engine or browser practices.
- Utilize a purchasing agent for transactions on the Services without authorization.
- Collect user information without consent or create accounts under false pretenses.
- Compete with us or use the Services for commercial enterprise without permission.
- Transfer or sell your profile.
- Advertise or sell goods and services through the Services without authorization.
7. User-Generated Contributions
Overview
The Services may offer you opportunities to chat, contribute to, participate in blogs, message boards, online forums, and other functionalities. You may have the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, "Contributions"). These Contributions may be visible to other users and on third-party websites, treated as non-confidential and non-proprietary.
User Representations and Warranties
By creating or making available Contributions, you represent and warrant that:
- Your Contributions do not infringe any third-party rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
- You have all necessary licenses, rights, consents, and permissions to use and authorize the use of your Contributions as envisioned by the Services and these Terms.
- You have obtained consent from identifiable individuals in your Contributions for their name or likeness to be used in accordance with the Services and these Terms.
- Your Contributions are truthful, not misleading, and not involved in any advertising or unlawful activities.
- They are not obscene, harassing, violent, or in violation of any laws or rights of third parties.
License to Contributions
By posting Contributions on the Services, you grant us an unrestricted, irrevocable, worldwide license to use, reproduce, distribute, and make derivative works from these Contributions in any media, for any purpose, including commercial purposes. This license extends to using your name, company name, and any provided trademarks or images.
Ownership and Responsibility
- You retain ownership of your Contributions and the associated intellectual property rights.
- You bear full responsibility for your Contributions and absolve us from any responsibility related to these Contributions.
- We reserve the right to edit, re-categorize, or delete any Contributions at our discretion without obligation or notice.
8. Contribution License
By contributing to the Services, you automatically grant us a broad license to use your Contributions. This includes the right to host, display, reproduce, modify, and distribute your Contributions for any purpose, in any form, and through any media channels. This license is perpetual, worldwide, and includes the right to make derivative works and to sublicense these rights.
Scope of the License
- The license applies to any form, media, or technology, encompassing our use of your name, company name, trademarks, and images.
- You waive any moral rights in your Contributions and confirm that no moral rights have been asserted.
Ownership and Rights
- You maintain ownership of your Contributions and the related intellectual property rights.
- We do not claim ownership over your Contributions but have the right to use them in line with the granted license.
- You are solely responsible for your Contributions and agree to hold us harmless from any claims related to these Contributions.
Our Rights and Discretion
- We may edit, categorize, or delete Contributions at our discretion.
- There is no obligation for us to monitor Contributions, but we reserve the right to do so.
9. Mobile Application License
Use License
If you access the Services through our mobile application ("App"), we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control. Your use of the App must comply with the terms and conditions of this license and the Legal Terms provided. Specifically, you shall not:
1. Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, except as permitted by law.
2. Make modifications, adaptations, improvements, enhancements, translations, or derivative works from the App.
3. Violate any applicable laws, rules, or regulations in connection with your use of the App.
4. Remove, alter, or obscure any proprietary notices on the App.
5. Use the App for any unauthorized commercial enterprise or revenue-generating endeavor.
6. Make the App available over a network where it could be used by multiple devices at once.
7. Create a competitive product or service based on the App.
8. Use the App to send automated queries or unsolicited commercial emails.
9. Utilize our intellectual property in developing, licensing, or distributing any devices or applications that interact with the App.
Apple and Android Devices
When using the App obtained from either the Apple Store or Google Play:
1. The license is limited to a non-transferable right to use the App on a device with Apple iOS or Android OS, adhering to the respective App Distributor's terms of service.
2. We are responsible for maintenance and support as required by law or the terms here, with App Distributors having no obligation to provide such services.
3. In case of any App failure to meet a relevant warranty, you may notify the App Distributor, and they may refund the purchase price under their policies, with no further warranty obligations.
4. You assert that you are not in a US-embargoed country or on any US government list of prohibited parties.
5. You must comply with third-party terms when using the App.
6. App Distributors are third-party beneficiaries of this agreement, with the right to enforce its terms.
10. Third-Party Websites and Content
The Services may direct you to or provide Third-Party Websites and Third-Party Content. We do not control, endorse, or assume responsibility for these third-party resources. They are not vetted for accuracy, appropriateness, or completeness by us, and we are not liable for their content or your interaction with them.
Interaction with Third-Party Resources
- Your use of Third-Party Websites and Content is at your own risk, and such interactions are not governed by these Legal Terms.
- Review the terms and privacy policies of any Third-Party Websites or services you access or install.
- We are not involved in your transactions with third parties and are not responsible for any loss or harm you may experience through these interactions.
- We do not endorse the products or services on Third-Party Websites and disclaim any liability related to them.
11. Services Management
We reserve the right, though not the obligation, to:
1. Monitor the Services for violations of these Legal Terms.
2. Take legal action against anyone who violates the law or these Terms, including reporting them to law enforcement.
3. Refuse, restrict, limit, or disable access to any of your Contributions or any part thereof at our discretion.
4. Remove or disable files and content that are excessively large or burdensome to our systems without notice or liability.
5. Manage the Services to protect our rights and property and ensure their proper functioning.
12. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy at (launchmultimedia.com/privacy-policy). By using the Services, you consent to the data practices stated in the Privacy Policy. Note that the Services are hosted in the United States. If you use the Services from elsewhere, you consent to your data being transferred to and processed in the U.S.
13. Copyright Infringements
We respect intellectual property rights. If you believe that content on the Services infringes on your copyright, notify us immediately at the provided contact information. False claims may result in legal consequences. Consider consulting an attorney if you are unsure about the copyright status of the material on the Services.
14. Term and Termination
These Legal Terms are effective while you use the Services. We reserve the right to:
- Deny access to the Services to anyone for any reason, including IP address blocking, without notice or liability.
- Terminate or suspend your use of the Services or remove your content at any time, at our discretion.
If your account is terminated or suspended, you are prohibited from creating a new account under your own or another's name. We also reserve the right to take legal action, including civil, criminal, and injunctive redress, against violators.
15. Modifications and Interruptions
We reserve the right to:
1. Change, modify, or remove the contents of the Services at any time for any reason at our discretion without notice.
2. Suspend or discontinue the Services, in whole or in part, including for maintenance, without liability for any resulting inconvenience or loss to users.
3. Not be obligated to update any information, nor be liable for any modification, price change, suspension, or discontinuance of the Services.
You acknowledge that service availability may be affected by various factors and agree that we are not liable for any interruptions or the consequences thereof.
16. Governing Law
These Legal Terms and your use of the Services are governed by the laws of the State of Texas, without regard to its conflict of law principles. All matters relating to the Services will be governed by Texas law, regardless of where you are accessing the Services from.
17. Dispute Resolution
Informal Negotiations
- Parties agree to first attempt to resolve disputes informally for at least 30 days before initiating arbitration.
Binding Arbitration
- If disputes cannot be resolved informally, they will be resolved by binding arbitration, not in court, which limits your rights to sue or go to court.
- Arbitration will be conducted under the AAA's Commercial Arbitration Rules and, where applicable, the AAA Consumer Rules.
Location and Arbitration Fees
- The arbitration will typically occur in Bexar, Texas, unless otherwise agreed.
- Fees and procedures are governed by the AAA Consumer Rules.
Court Proceedings
- If arbitration is not applicable, disputes will be resolved in state or federal courts in Bexar, Texas, with parties consenting to the jurisdiction of these courts.
Restrictions
- Arbitration is on an individual basis only; class actions and representative proceedings are not permitted.
- Certain disputes related to intellectual property rights, theft, piracy, invasion of privacy, or injunctive relief are excluded from arbitration.
By using the Services, you are agreeing to these terms, including the waiver of the right to sue in court and participate in class actions.
18. Corrections
We endeavor to maintain accurate, complete, and up-to-date information on our Services. However, we cannot guarantee the absence of errors, inaccuracies, or omissions in service descriptions, pricing, availability, and other information. We reserve the right to correct any inaccuracies or omissions and to update information at any time without prior notice.
19. Disclaimer
Our Services are provided "as is" and "as available." You use them at your sole risk. We expressly disclaim all warranties, whether express or implied, related to the Services and your use of them, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not responsible for any errors in content, any personal injury or property damage resulting from your use of the Services, any unauthorized access to our servers, any interruptions, bugs, viruses, or the outcomes of your interactions with third-party products or services advertised or linked through the Services.
20. Limitations of Liability
We, along with our directors, employees, and agents, will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including losses related to lost profit, revenue, or data, arising from your use of the Services. Our liability to you is limited to the greater of the amount you have paid us in the six months before the action arose or $1,000.00 USD. Some jurisdictions do not allow certain limitations on liability, so these limitations may not fully apply to you.
21. Indemnification
You agree to defend, indemnify, and hold harmless our company, affiliates, and all associated personnel from any claims, liabilities, damages, losses, and expenses, including attorneys' fees, arising from your use of the Services, your Contributions, any breach of these Terms, violation of law, or infringement of third-party rights. We reserve the right to handle our legal defense however we see fit, with your cooperation, and you will bear the costs of your defense if we elect to exercise this right.
22. User Data
We store and manage data transmitted to the Services to enhance performance and user experience. Despite our routine data backups, you are solely responsible for your data and its backup. We are not liable for any loss or corruption of your data, and you waive any claims against us related to such data loss or corruption.
23. Electronic Communications, Transactions, and Signatures
Engaging with our Services, sending emails, and filling out online forms are considered electronic communications. By using these channels, you consent to receive messages electronically. All agreements, notices, disclosures, and communications that we provide electronically meet any legal requirement for written communication. You agree to the use of electronic signatures, contracts, and records, and to the electronic delivery of notices and transaction records. You waive any rights under laws that require non-electronic signatures or the keeping of non-electronic records.
24. SMS Text Messaging
Opting Out
To stop receiving SMS messages from us, reply with "STOP." You may receive a confirmation message of your opt-out.
Message and Data Rates
Be aware that your mobile carrier's message and data rates may apply to our SMS messages. Check with your carrier for details.
Support
For questions or assistance with our SMS services, contact us at [email protected].
25. California Users and Residents
If you're in California and have an unresolved issue with us, you can reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at their Sacramento office or by phone.
26. Miscellaneous
These Legal Terms, along with any related policies and rules we post, constitute the full agreement between you and us. Our failure to enforce any right or provision isn't a waiver of that right or provision. These terms remain valid to the maximum extent permitted by law. We may transfer our rights and obligations to others. We're not liable for losses or delays caused by events beyond our reasonable control. If any part of these Terms is invalid, the rest remains in effect. These Terms don't create any form of joint venture, partnership, employment, or agency relationship between us. You agree not to hold us responsible for any issues arising from the electronic nature of these Terms or the lack of physical signatures.
27. Contact Us
For complaints or inquiries about our Services, reach out to us at:
Launch Multi Media
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