Acceptance of Terms
When you visit the Site or send e-mails to us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content, as well as the design, layout and materials, provided on this Site are owned by or licensed to Idealab Studio and/or its affiliates (the "Site Content") and protected by United States and international copyright laws. Idealab Studio and its licensors retain all proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted, modified, copied, downloaded, sold, distributed or otherwise exploited, in whole or in part, without the express, prior written consent of Idealab Studio.
“Idealab Studio Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Idealab Studio uses in connection with its products and services. You shall not copy, display or use any Idealab Studio Trademarks, without Idealab Studio's prior written consent. You are not permitted to incorporate any Idealab Studio Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, nor shall you co-brand your own products or material with Idealab Studio Trademarks. You acknowledge Idealab Studio's rights in the Idealab Studio Trademarks and agree that any use of the Idealab Studio Trademarks by you shall inure to Idealab Studio's sole benefit.
Some of the Site Content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site are the trademarks, service marks, or logos of their respective owners. Idealab Studio makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party content posted on the Site and Idealab Studio does not control the quality, safety or accuracy of such content thereof.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you any license to any Idealab Studio or third party intellectual property rights, whether by estoppel, implication, or otherwise.
You agree that you shall NOT:
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY IDEALAB STUDIO ON AN "AS IS" AND "AS AVAILABLE" BASIS. IDEALAB STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. AND IDEALAB STUDIO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WHATSOEVER SHALL IDEALAB STUDIO OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IDEALAB STUDIO'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Submissions and Feedback
Please do not Us any material that you believe is confidential or proprietary, or for which you expect to receive consideration or compensation in any form. By submitting material to Idealab Studio, you acknowledge that such material is neither confidential nor proprietary, and you waive the right to receive compensation of any kind for the material. Any material, information or idea you transmit to Idealab Studio or post on this Site will be treated as non-confidential and non-proprietary and Idealab Studio will be free to copy, disclose, distribute, incorporate and otherwise use any such submission for any and all commercial and non-commercial purposes. We do not accept submissions of business plans or ideas through this Site. We receive many more submissions than we can respond to, so please do not expect a response to any material you may submit.
You agree to indemnify and hold Idealab Studio and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand made and all associated costs, damages and liabilities, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of any terms or conditions of these Terms, your violation of applicable laws, or your violation of the rights of any other person or entity.
Choice of Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. You agree that the exclusive venue for all litigation regarding or arising out of these Terms shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator's award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party's individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class actions or collective arbitrations even if the arbitration procedures or rules would. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Location. This Site is operated by Idealab Studio in the United States. Idealab Studio, 130 W. Union St., Pasadena, CA 91103
DATED: June 2019