taki terms of service
Last Updated: January 8, 2020
Welcome to our Taki™ Terms of Service for Users (“Terms”). These Terms are provided by Rally Network, Inc. and our affiliates (referred to as “we”, “us”, “our” and “Taki”) and govern your use of this and other websites, webpages, platforms, applications, games, products and services (collectively, our “Site”). Throughout these Terms, we will refer to you as “you” and “User”.
Before using our Site, please review these Terms carefully. They constitute a binding, legal agreement between you and us. These Terms apply to all Users who use our Site. If you access or use our Site, you represent and warrant that (i) you are at least 13 years old, (ii) if you are 13 or older but under the age of majority in your jurisdiction of residence that you have the consent of a parent or guardian to use the Site, (iii) you are legally competent and able to be bound by these Terms, and (iv) you have not been previously banned from using our Site for any reason. If you are unable to make these representations and warranties, or if you don’t agree to any part of our Terms, you may not use our Site.
Certain portions, features, or functionalities of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this agreement; in the event of such a conflict, the Additional Rules will control.
IMPORTANT NOTICE – LIMITATION OF LIABILITY, CLASS ACTION WAIVER, & ARBITRATION REQUIREMENT: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WAIVE AND WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. SEE “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” BELOW FOR MORE INFORMATION.
- Changes to our Site
We may update our Site often, and the effective date of these Terms will be included at the top of this webpage. You acknowledge and agree that we may change or discontinue any part of our Site, products and services at any time, with or without notice to you.
Your continued use of the Site after the Effective Date constitutes your acceptance of any amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site and to print out a copy of these Terms for your records. If you have any questions about these Terms, please send an email to email@example.com.
- Taki Videos; Your License Rights
Our Site provides you with a platform and services to engage with our community and interact with our content creators (“Creators”). You can view videos made by Creators on our Site, and you can make requests to Creators for customized videos to be created for you or someone else. These video requests are explained in further detail below in this Section (see “How It Works”). We refer to these videos as “Taki videos”. It is your responsibility to accurately and clearly provide the information that we request from you to make a video request.
All rights in any Taki videos that you view or receive are owned by the Creator; you are granted a license to the Taki video for your personal and non-commercial use only. When you submit payment for a Taki video, you are paying for a license to use the video pursuant to these Terms; you are not purchasing the video itself. Specifically, provided that you are and remain in full compliance with these Terms, including payment obligations and the prohibited use requirements, you will be granted a limited, non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Taki video, for your personal and non-commercial purposes, in any and all media, whether now known or hereafter invented. This license includes your right to share a Taki video with a third party or to post or display it on social media, in all cases subject to the license that you are granted. You may not sell Taki videos or use them in any manner other than as outlined in these Terms, and you may not edit, modify, or create any derivative work of a Taki video or allow others to do so. If you breach any provisions of these Terms, your license to use the Taki Video will be terminated, and you will be required to delete all copies of the Taki video in your possession or control, including on any social media platform, as well as to notify any recipient to whom you have shared the Taki video that they must also delete copies of the Taki video.
The content of Taki videos is ultimately at the discretion of the Creators. We do not review Taki videos before they are posted on our Site or provided to Users. We cannot guarantee that Taki videos will be free of illegal, harmful, or otherwise offensive content, and we take no responsibility for any such content. When you access or use the Site, and when you request or receive Taki videos, you waive any potential claims against Taki related to the content of any Taki videos.
How It Works:
- We will ask you to provide us with details on what you’d like your selected Creator to say in your customized Taki video. Once you submit your request, the Creator will then be required to accept or reject your request at their sole discretion. We will place a hold on your credit card in the amount of the video fee indicated on the Site for that Creator’s videos. If the Creator rejects your request, you will be notified accordingly via the email address that you provided for delivery of the finished video, and your payment account will not be charged. If the Creator accepts your request, then the Creator will create a video and fulfill your request in their discretion. If seven days passes after you make a Taki video request, and the Creator does not accept or reject your request, the request will expire, releasing the hold on your credit card, and you will not be charged. You will be notified regarding this lapsed request via the email address that you provide.
- Once a Creator completes a video and submits it to the email address that you have provided for delivery of the finished video, the request is considered fulfilled, and your payment account will be charged the video fee indicated on the Site for that Creator’s videos, with no further notification to you prior to the charge being made. You are solely responsible for ensuring that the email address you enter is correct; neither we nor the Creator are responsible for incorrectly entered emails that result in failure to receive a fulfilled video. You may not reject, return, or exchange fulfilled Taki videos, and no refunds will be issued to you. If you have any questions or concerns about any Taki video request, please email firstname.lastname@example.org.
- If you have any changes or need to cancel any video request that you make prior to the Creator fulfilling it, you can follow the prompts to look up your order number and cancel your request. Your order number will be provided to you after you submit your Taki video request, and it will be emailed to the email that you provided when making the request. Note that after the Taki video request is fulfilled, you will be unable to cancel the request.
- You understand and agree that the Creator may not follow your specifications, and that neither we nor the Creator are responsible for the video conforming to your expectations.
- You acknowledge that you will have no expectation of privacy with respect to any Taki videos. You therefore agree that you will not include any confidential, proprietary or private information about yourself or any third party in any Taki video request, Submission or otherwise through our Site, products and services, and we are not liable or responsible for the use or disclosure of any information that you do provide. If you enter a Taki video request to be received by any person other than yourself (a “third party”) or if you reference a third party in a Taki video request, you represent and warrant: (i) the third party is 13 years of age or older; (ii) the third party has given express permission to you to submit the request, and (iii) if the third party is under the age of majority in his or her jurisdiction of residence, that the third party’s parent or guardian has given such permission. You understand that Taki may ask you to provide verification of the above-referenced permission.
- Prohibited Uses of the Site
You agree you will not (and will not cause or encourage any third party to) use the Site, including any Taki video licensed to you, to:
- create a false identity, submit false or inaccurate information or impersonate any person or organization;
- violate any law, regulation or court order or otherwise conduct any illegal activity;
- infringe on or misappropriate the intellectual property, privacy, publicity, moral, or other legal rights of any third party;
- disclose any sensitive, embarrassing, private or inappropriate information about yourself or any third party that should not be publicly disclosed, in connection with making a Taki video request or otherwise;
- engage in actions that are abusive, racist, sexist, discriminatory, harassing, harmful, threatening, hateful, derogatory, pornographic, indecent, profane, obscene, or otherwise objectionable, as determined in our sole discretion;
- use any spambot, bot net or other bot, scraper or other automated means to access, collect data, damage, disrupt or interfere with uses of our Site or systems, or transmit any virus, worm, Trojan or other malware or spyware to or through the Site;
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site, or copy or obtain information from our site for competitive purposes; or
- use any Taki video, the Site or our other products or services for commercial or promotional purposes, unless specifically approved by Company.
- User Accounts
We may offer you the opportunity to create an account on our Site. If you decide to create an account, you agree that you are solely responsible for ensuring the confidentiality of your username and password, and the accuracy and confidentiality of all information relating to your account, including your contact information and payment account. If you become aware of any unauthorized access to your account, it is your responsibility to let us know immediately by contacting us at email@example.com. We are not liable for any damages or losses that you incur due to your account, including due to unauthorized access. You are fully responsible for all activities that occur under your account. You may not sell or otherwise transfer your account or any portion thereof.
- Fees and Payment
You acknowledge, understand and agree to the following:
- Taki videos are owned by the Creator who created it. You are granted rights to use the Taki videos only as provided in these Terms, and no ownership rights are granted to you in any Taki video.
- The Site contains copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Content"). This Content is subject to copyrights owned by Taki, its affiliates, and/or its licensors, and is protected by United States and international intellectual property laws. Taki authorizes you to view a single copy of the material on the Site solely for your personal, noncommercial use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Site or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Site, including Taki’s servers, computer network, or user accounts. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws.
- You may choose to interact with our Site. Your interactions may include requests that you make to a Creator, and information you disclose in such request and information about a recipient that you provide. You may also interact with our Site through submissions of chats and posts to our Site or through third-party social media platforms and sites. In addition, you may distribute and share reactions to a distributed Taki video, which may include images, videos, voices, names and other information relating to you or a third party. You may also have comments, suggestions or other feedback about our Site, products and services that you may provide. This content is collectively referred to in these Terms as “Submissions”. In making any Submission, you hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented, to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the Submissions for any and all commercial, promotional, marketing, advertising, operating and development purposes. You waive all moral rights that you may have in your Submissions. You understand that we have no obligation to use, publicize, distribute or take any actions with respect to your Submission, and that if we do use your Submission, that we do so in our sole discretion and may remove, or refuse to remove, any Submission at our sole discretion. Any Submission that you provide to us is at your own risk and in full acknowledgement of these Terms. In granting us this license, you represent and warrant that you possess all rights necessary to grant us the license rights described above.
- Third Party Websites and Services
Certain third party services may be required for you to transact on our Site and to use our products and services. These third party service providers may include: payment providers, compliance servicers, wallet operators, authentication services and others. You represent that you are legally competent and able to agree to the terms and conditions of such third party service providers, including transaction processors, payment providers and compliance operators, as applicable, as such terms and conditions may be updated and amended from time to time.
The Site may also contain links to third-party websites and services, including social media (collectively, “Linked Sites”). Linked Sites are not under our control, and we take no responsibility for any information or materials on, or any communications or transmissions received from, any Linked Site. By including a link on our Site to the Linked Site, we are not endorsing the Linked Site. We provide links to Linked Sites for your convenience only, and your access Linked Sites is done at your own risk.
- Disclaimers Of Warranties & Limitations Of Liability
UNLESS EXPRESSLY PROVIDED OTHERWISE, OUR SITE AND ANY ASSOCIATED PRODUCTS AND SERVICES (INCLUDING ALL TAKI VIDEOS) ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. We do not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by us or our authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, PRODUCTS AND SERVICES.
The disclaimer of liability detailed above will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that we would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
You agree to indemnify and defend us and our affiliates and our respective directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against us by any third-party arising from your violation of these Terms, the rights of a third-party or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects our rights or obligations may be made without our prior written approval.
- Governing Law
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of Delaware or any other state, and are binding upon the parties hereto in the United States and worldwide. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
- Dispute Resolution
YOU AND WE AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND WE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND WE FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
With the exception of disputes that qualify for small claims court and disputes involving Taki’s intellectual property, you and Taki agree that if there is any dispute between you and us and our agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this Section, “Taki Parties”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, "Covered Disputes"), both parties shall first attempt in good faith to settle any Covered Dispute by providing written notice to the other party describing the facts and circumstances of the Covered Dispute and allowing the receiving party 30 days in which to respond to or settle the Covered Dispute. Both you and Taki agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
We will provide such notice by mail or e-mail using the contact information on file with us and you must provide such notice by mail to Rally Network, Inc., Attn: Legal Department, P.O. Box 191373, San Francisco, CA 94119.
If any Covered Dispute cannot be resolved by the above dispute resolution procedure, such Covered Dispute will be settled by binding arbitration in the U.S. State of California administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration that we paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
We and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither we nor you are entitled to arbitrate any Covered Dispute as a class or representative action and the arbitrator will have no authority to proceed on a class or representative basis.
If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against us under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section.
These Terms automatically terminate, and your rights to use our Site, products and services, and any licenses granted to you by us or any Creator also terminate, if you fail to comply with any aspect of our Terms. We may terminate or modify your access to the Site, with or without notice to you, at any time for any reason.
Termination will not limit any of our other rights or remedies. Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.
- Jurisdictional Issues; Taxes
You are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Site to any person or geographic area at any time. Any software offered on or through the Site may be subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the Site by any taxing authority.
- Notice To California Residents
If you are a California resident under age 18 and are a registered user of the Site, then you may request that we remove any Submission (defined above in the section titled “Ownership”) you publicly posted on or in the Site. To request removal of a Submission, please send an email with a detailed description of the specific Submission to firstname.lastname@example.org. We reserve the right to request that you provide information that will enable us to confirm that the Submission that you want removed was created and posted by you.
We will make a good faith effort to delete or remove your Submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your Submission does not ensure complete or comprehensive removal of your Submission. Your Submission may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your Submission may remain publicly available if you or someone else has forwarded or re-posted your Submission on another website or service prior to its deletion. We may be required by law to not remove or allow removal of your Submission.
With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Site, California residents are entitled to the following specific consumer rights information: the provider of the Site is Rally Network, Inc., P.O. Box 191373, San Francisco, CA 94119, phone: 833-825-4277.
To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact us via e-mail at email@example.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
BY USING THE SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
- Claims Of Copyright Infringement
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Site, please prepare a notice with the following information:
- your address, telephone number, and email address;
- a description of the work that you claim is being infringed;
- a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
- a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
- a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send your claim or notice of infringement to our DMCA agent at: Rally Network, Inc., Attn: DMCA Agent, P.O. Box 191373, San Francisco, CA 94119.
We may give notice to users that content has been removed or disabled by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice or believe that a general notice applies to you, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Please do not send any other correspondence or inquiries to our DMCA agent. Our DMCA agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see http://www.copyright.gov/ for more information.
- These Terms, together with our Privacy Statement and any Additional Rules, contain the entire understanding by and between us and you with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
- These Terms (i) inure to the benefit of and will be binding upon us and you and your successors and assigns, respectively, and (ii) may be assigned by us, but you may not assign them without the prior express written consent of us.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- If we or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
- Nothing contained in these Terms will be deemed to constitute us or you as the agent or representative of the other or as joint venturers or partners.
- If we or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
- The headings and captions contained herein are for convenience only.
- These Terms and all related documentation will be drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.