|Terms and Conditions|
Please review the terms and conditions for use of Launchpad Digital Media, LLC ("Launchpad") podcast services and product offerings before using them. These Terms and Conditions of Service ("Terms of Service") apply to offerings (the Service as defined in Section III, below) delivered via the Launchpad websites located at "https://www.LaunchpadDM.com", and all associated sites linked to these by Launchpad, its subsidiaries and/or affiliates, including Launchpad sites around the world (collectively, "Site," which includes but is not limited to the Service). The Site and services are the property of Launchpad, its parent, affiliates, subsidiaries, licensees and assignees.
These Terms of Service are a legally binding agreement ("Agreement") between you and Launchpad, governing the use of the Site and/or Service. By use of the Site and/or Service, you agree to abide by and are therefore bound by the Terms of Service, together with all updates, additional terms, distribution licenses and all of Launchpad's rules and policies that collectively constitute the Agreement. If you do not agree to these Terms of Service or do not have full power and authority to enter into this Agreement, do not use the Site and/or Service.
I. AGREEMENT TO THE TERMS AND CONDITIONS
BY USING THE SITE AND/OR SERVICE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE AND/OR SERVICE.
If you are seeking to upload content to the Site or utilize other services within the Site, you may be required to sign up for an account. As part of the account sign up, you will again be asked to agree to these Terms of Service. By doing so, you will again be deemed to be bound by these Terms of Service.
Visitors to the Site may view or listen to content that does not require an account. However, through any use of the Site and/or Service, you are agreeing to the Terms of Service.
Launchpad reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site and/or Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Launchpad grants you a worldwide, personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and/or Service. You will not sell license, rent, or otherwise use any Content (as defined below) in any way that violates any third party right.
II. SITE CONTENT
There are two categories of Site Content - that which belongs exclusively to Launchpad ("Launchpad Content") and that which belongs exclusively to you ("Your Content") (collectively, "any" or "all" "Content"). Launchpad Content is all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement thereof, contained on the Site, exclusive of all Your Content. All Launchpad Content is owned, controlled or licensed by or to Launchpad, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and laws, including but not limited to unfair competition laws. Your Content is your Podcast title, Podcast logo, Podcast recordings, Podcast episodes, all data, graphics, text, names, marks, logos, hypertext links to other websites and other audio and/or visual information incorporated in, transmitted through or published or displayed incident to or via your Podcast. AS BETWEEN LAUNCHPAD AND YOU, ALL OF YOUR CONTENT IS OWNED EXCLUSIVELY BY YOU.
Except as expressly provided in these Terms of Service, you shall not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way (including "mirroring") any part of the Site and/or Launchpad Content to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Launchpad's express prior written consent.
You may use information on Launchpad products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Launchpad for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) do not make any modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be solely responsible for Your Content and the consequences of submitting and publishing Your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Your Content that you submit; and you license to Launchpad all patent, trademark, trade secret, copyright and/or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service and at no cost. You represent that all Your Content and any other content provided by you is in compliance with all applicable laws, rules regulations, including but not limited to copyright and trademark laws. You acknowledge that all Content, including but not limited to Your Content and that of any user's content, accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Launchpad does not review, or screen, content and does not guarantee any content you access on the Site is true or accurate. In connection with Your Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Launchpad all of the license rights granted herein; (ii) include any music that has not been properly and fully licensed for use on the Site and Service; (iii) publish falsehoods or misrepresentations that could damage Launchpad or any third party; or (iv) submit material that is unlawful, obscene, defamatory, libelous, threatening, discriminatory, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. You further agree that if Launchpad asks you to remove or modify certain content as being in violation of these Terms of Service you will do so immediately and at your own expense.
Launchpad does not warrant or endorse and does not assume and will not have any liability or responsibility for Your Content. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Launchpad is not in any way responsible for any such use by you. By using the Site and Service, you agree to fully indemnify and hold harmless Launchpad against all claims, damages, and liability related to Your Content.
III. LAUNCHPAD'S SERVICE
As used herein, the term "Service" means any service provided by Launchpad via the Site, including, but not limited to, the provision by Launchpad to you of specified connectivity, storage space and bandwidth for the hosting of your Podcast, enhanced features for Your Content, tools for distribution, mobile apps and monetization services such as Advertising. Furthermore, whenever these Terms of Service refer to your use of the Site, said use shall be meant to include, but not be limited to, your use of any Service offered by Launchpad via the Site.
IV. LICENSE TO LAUNCHPAD
Unless otherwise expressly agreed by you and Launchpad in writing, you hereby grant to Launchpad a non-exclusive, royalty-free, worldwide right and license for so long as you use the Site to do the following to the extent necessary in the performance of Services under this Agreement: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink Your Content; and make archival or back-up copies of Your Content in any and all media now known or hereinafter devised. EXCEPT FOR THE RIGHTS EXPRESSLY GRANTED ABOVE, LAUNCHPAD IS NOT ACQUIRING ANY RIGHT, TITLE OR INTEREST IN OR TO YOUR CONTENT, ALL OF WHICH SHALL REMAIN SOLELY WITH YOU. THERE WILL BE NO CHARGE FOR THESE SERVICES PROVIDED LAUNCHPAD IS PERMITTED TO INSERT UP TO TWO (2) MINUTES OF COMMERCIAL ANNOUNCEMENTS PER EPISODE OF THE PODCAST AT OUR DISCRETION. LAUNCHPAD AGREES TO NOT CHANGE THE CONTENT OF YOUR PODCAST OUTSIDE OF LEGALITY OR COPYRIGHT ISSUES, AND SHALL ONLY MODIFY SUCH CONTENT TO THE EXTENT NECESSARY TO STORE, DISTRIBUTE, INSERT ADVERTISING AND OTHERWISE COMPLY WITH THE TECHNOLOGICAL REQUIREMENTS OF THE SITE AND SERVICES OF LAUNCHPAD, AND SOLELY WITHIN THESE TERMS OF SERVICE. Please be aware that Launchpad will be digitally inserting commercials it has sold in potentially thousands of podcasts and accordingly cannot prevent the insertion of a digitally inserted commercial that may specifically be in conflict with your beliefs or message.
You further grant Launchpad the license and right to use Your Content and Brand (as defined below) for distribution, marketing and promotional purposes as it relates to the Service, in any and all media now known or hereinafter devised. "Brand" includes the name, title, logo, audio, images, video, trade mark, service mark or other branding devices of Your Content, along with your name, image, likeness, photo, video, biography, voice, and professional sobriquet, and that of any hosts and participants of Your Content, AS THEY ARE PROVIDED BY YOU IN CONNECTION WITH THE USE OF THE SITE.
V. DISTRIBUTION OF YOUR CONTENT
YOU HAVE CONTROL OVER WHERE YOUR CONTENT IS DISTRIBUTED OFF THE SITE THROUGH THE LAUNCHPAD SERVICE, INCLUDING BUT NOT LIMITED TO ITUNES, SPOTIFY, PANDORA, GOOGLE PODCASTS, AND THIRD-PARTY WEBSITES, DEVICES AND PLATFORMS. BY USE OF THE SERVICE AND SITE, YOU AGREE TO ABIDE BY THIRD-PARTY CONDITIONS WHEN OPTING IN TO A SERVICE THAT INVOLVES A THIRD-PARTY, INCLUDING BUT NOT LIMITED TO APPLE AND ITUNES. LAUNCHPAD MAKES NO WARRANTIES WITH REGARD TO THE SUBMISSION OF YOUR CONTENT FOR DISTRIBUTION AND HAS NO DIRECT CONTROL OR INFLUENCE OVER THE THIRD PARTY PROCESS. SUBMISSION AND APPROVAL IS GOVERNED BY THE THIRD-PARTY.
VI. USE OF THE SITE
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Launchpad Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Launchpad Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You shall not reverse engineer, or try to reverse engineer, any feature or content of the Site, Service, or Launchpad Content.
You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Launchpad server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Launchpad, including any Launchpad account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Launchpad's systems or networks, or any systems or networks connected to the Site or to Launchpad. This includes but is not limited to use of the Service in a way that requires unreasonable commercial efforts on Launchpad's part or creates a burden with regard to network, support, technical or staffing resources.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Launchpad on or through the Site or any service offered on or through the Site. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Launchpad or others.
Launchpad reserves the right to bar any activity prohibited by these Terms of Service, and/or terminate and/or block from the Site or Service any account or person associated with any such violations.
Additional terms and conditions may apply to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any Service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the Service.
You shall provide Launchpad with current accurate contact and other relevant information and keep it up to date at all times. Launchpad is not responsible for any service interruptions that may result from your contact or relevant information being out of date, in error or otherwise invalid.
Launchpad's obligations, if any, with regard to its products and Service are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Launchpad may make changes to any products or Service offered on the Site, at any time, without notice. The materials on the Site with respect to products and Service may be out of date, and Launchpad makes no commitment to update the materials on the Site with respect to such products and Service.
VIII. MONETIZATION AND REVENUE SHARE
YOU HAVE THE EXCLUSIVE RIGHT TO SELL LIVE READS AND OTHER FORMS OF EMBEDDED ADVERTISING (i.e. advertising that is permanently embedded as part of the content of your podcast episode) TO DIRECTLY MONETIZE YOUR CONTENT, AND YOU KEEP ALL THE REVENUE (100%) THEREFROM. LAUNCHPAD HAS THE EXCLUSIVE RIGHTS TO UTILIZE DIGITALLY INSERTED ADVERTISING IN-CONTENT AND PRE-CONTENT ON ALL CONTENT UPLOADED TO LAUNCHPAD (INCLUDING YOUR CONTENT) AS PART OF THE TERMS OF THIS AGREEMENT. In-content ads will occur in a position designated by you upon uploading Your Content to Launchpad. Revenue generated off of this content belongs solely to Launchpad.
Launchpad's obligations, if any, with regard to its products and Service are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Launchpad may make changes to any products or Service offered on the Site, or to the applicable revenue share for any such monetization products or Service, at any time, without notice. The materials on the Site with respect to products and the Service may be out of date, and Launchpad makes no commitment to update the materials on the Site with respect to such products and Service.
IX. ACCOUNTS, PASSWORDS AND SECURITY
Certain features or Service offered on or through the Site may require you to open an account (including setting up a Launchpad user ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Launchpad immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Launchpad or any other user of or visitor to the Site due to someone else using your Launchpad user ID, password or account.
You may not use anyone else's Launchpad user ID, password or account at any time without the express permission and consent of the holder of that Launchpad user ID, password or account. Launchpad will not be liable for any loss or damage arising from your failure to comply with these obligations. Launchpad will not be liable for any loss or damage arising from the use of your account by any user.
Notwithstanding anything else in this Agreement, your account may be suspended or access to the Site blocked by Launchpad at any time, in its sole discretion and without prior notice for reasons including but not limited to violation of these Terms, compliance with court orders or other law enforcement requests, alleged or actual copyright infringement, and/or issues pertaining to violation of a third party's rights, and any distribution terms and conditions.
X. YOUR PRIVACY
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
Launchpad may gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. This information does not identify individual users and would be used only to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. Launchpad will not use the information collected to market directly.
Launchpad abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union. You'll find more information about the U.S. Department of Commerce Safe Harbor Program at: http://www.export.gov/safeharbor.
The Site may have links to the sites of other companies. If so, Launchpad is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
XI. PIRACY PREVENTION
Launchpad actively and aggressively enforces its intellectual property rights to the fullest extent of the law. It is illegal to copy, reproduce or distribute copyrighted material without permission, and violators may be subject to civil and criminal actions and penalties both in the United States and abroad. Copyrighted material includes, but is not limited to, computer programs, sounds, audio recordings, images and text.
As a user of the Site, we require you to join us in our piracy prevention efforts. So long as you are a user of the Site, including but not limited to a user of the Service, you acknowledge that you are bound by and will observe U.S. and international copyright and intellectual property laws and the provisions of this Agreement specifically related thereto, and you will report incidents of suspected piracy to us at support@Launchpaddm.com.
XII. SENDING US YOUR IDEAS AND FEEDBACK
Neither Launchpad nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, podcasts, or new product names (collectively, "Unsolicited Materials"). Please do not send any original creative artwork, recordings, podcasts, suggestions or other works.
If, despite our request that you not send us your Unsolicited Materials, you still send them, then regardless of what your communication says, the following terms shall apply to your submission:
Feedback, on the other hand, is not only permitted, but encouraged. Whether you found a bug or just want to tell us how we're doing, we appreciate your feedback at support@Launchpaddm.com. Please note that any feedback you provide via the Site and any Launchpad email address linked therein shall be deemed to be non-confidential. As such, Launchpad shall be free to use such information on an unrestricted basis.
XIII. COPYRIGHT INFRINGEMENT; CLAIMS THEREOF
Launchpad respects the intellectual property rights of others, and we require our users to do the same. As such, you are expressly forbidden from any unauthorized use of copyrighted material or music whether or not covered under the umbrella of the Recording Industry Association of American ("RIAA") or similar authority in Your Content, including, but not limited to, any broadcast of yours syndicated by Launchpad via the Site. Additionally, you represent and warrant you have all necessary rights in and to any and all music used in Your Content without the permission or approval of any third party, and all such music shall be royalty free and not subject Launchpad to any fees/payments/monies/public performance or other royalties (however defined or categorized) for the dissemination of Your Content on the Site. Launchpad may, in its sole discretion, remove any or all of Your Content, and/or terminate the accounts of users who violate others' intellectual property rights. Such termination may be issued immediately upon Launchpad learning of the infringement, and no notice to you of Launchpad's intent to terminate your account due to infringement is required or necessary.
In particular, if you are a copyright owner or an agent thereof and believe that your work has been copied or used in a way that infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
Once Launchpad receives your notice, it will investigate the matter and, using reasonable efforts, will respond to you with its results, within 30 days after receipt of your notice.
Launchpad's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent - Launchpad, 335 N. Maple Drive, Suite 127, Beverly Hills, CA. 90210 email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Launchpad support through support@Launchpaddm.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid and Launchpad may have no obligation to respond.
XIV. LINKS TO OTHER SITES
The Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Launchpad's control, and Launchpad is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
XV. VIOLATION OF THESE TERMS OF SERVICE
Launchpad may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or Your Content or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Launchpad's rights or property, or the rights or property of visitors to or users of the Site, including Launchpad's customers. Launchpad reserves the right at all times to disclose any information that Launchpad deems necessary to comply with any applicable law, regulation, legal process or governmental request. Launchpad also may disclose your information when Launchpad determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Launchpad may preserve any transmittal or communication by you with Launchpad through the Site, and may also disclose such data if required to do so by law or if Launchpad determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms of Service; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of Launchpad, its employees, users of or visitors to the Site, and the public.
You acknowledge and agree that Launchpad may, in its sole discretion and without prior notice, terminate your access to the Site, Service, or any Content and/or block your future access to the Site, Service, or any Content if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Launchpad, for which monetary damages would be inadequate, and you consent to Launchpad obtaining any injunctive or equitable relief that Launchpad deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Launchpad may have at law or in equity.
You agree that Launchpad may, in its sole discretion and without prior notice, terminate your access to the Site, Service, or any Content for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies; (2) a request by you ("self-initiated account deletions"); (3) discontinuance or material modification of the Site or any Service offered on or through the Site; or (4) unexpected technical issues or problems.
If Launchpad takes any legal action against you as a result of your violation of these Terms of Service, Launchpad will be entitled to recover from you, and you shall pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Launchpad, regardless of the action's outcome. You acknowledge and agree that Launchpad will not be liable to you or to any third party for termination of your access to the Site, Service, or any Content as a result of any violation of these Terms of Service by you or your account or on behalf of you or your account.
XVI. GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site or any of its Content, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, Los Angeles, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Launchpad and you arising out of or in connection with your use of the Site of any of its Content, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
XVII. VOID WHERE PROHIBITED
Launchpad administers and operates the Site from its location in California; other Launchpad sites may be administered and operated from various locations. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use inside or outside the United States. Launchpad reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or Service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and Launchpad with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Launchpad with respect to such use are hereby superseded and cancelled. Launchpad will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. Launchpad's failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by Launchpad of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between Launchpad and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
The Site may provide access to Launchpad international data and, therefore, may contain references or cross references to Launchpad products, programs and Service that are not announced in your country. Such references do not imply that Launchpad intends to announce such products, programs or Service in your country.
XIX. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES AND SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LAUNCHPAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, SITE AND YOUR USE THEREOF. THE SITE AND SERVICE ARE PROVIDED "AS IS," AND LAUNCHPAD MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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. LAUNCHPAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER, AUDIO OR OTHER ADVERTISING, AND LAUNCHPAD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Launchpad reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, including, but not limited to, the Service, for any reason; (2) to modify or change the Site, or any portion of the Site, including, but not limited to, the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, including, but not limited to, the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
XX. Limitation of Liability
IN NO EVENT SHALL LAUNCHPAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Launchpad does not have any obligation to store any data for any period of time, or to back it up or otherwise protect it or try to recover it in case of loss. You acknowledge that the Site and Service might be unavailable for periods of time due to circumstances beyond Launchpad's reasonable control or for commercially reasonable reasons within Launchpad's control (including but not limited to scheduled maintenance), and that this shall not be any basis for any liability or claim against Launchpad. Launchpad's total cumulative liability arising from all causes of action and under all theories of liability in connection with or arising out of your use of the Site or Service shall be limited to and shall not exceed the cumulative amount that Launchpad has received in connection with Your Content, a liability limitation that you acknowledge and agree is reasonable.
YOU SPECIFICALLY ACKNOWLEDGE THAT LAUNCHPAD SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Launchpad from its facilities in the United States of America. Launchpad makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Launchpad, its parent corporation, subsidiaries, affiliates, partners, advertisers, representatives, agents, and each of their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
XXII. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
You acknowledge that you had unlimited opportunity to have these Terms of Service reviewed by counsel of your choosing prior to using the Site or Service, and to ask for additional information (if any) you believe might be useful, and that you are wholly voluntarily undertaking and accepting the Terms of Service in their entirety. If you have any questions about these Terms of Service, or about the content, information, or services on this website, you may contact Launchpad using the contact information linked on the home page.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Launchpad without restriction.
You agree that: (i) the Site and Service shall be deemed solely based in California; and (ii) the Site and Service shall be deemed a passive website that does not give rise to personal jurisdiction over Launchpad, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Launchpad that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service and any other legal notices published by Launchpad on the Service, shall constitute the entire agreement between you and Launchpad concerning the Site and/or Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Launchpad's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Launchpad reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Site and/or Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LAUNCHPAD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.