SITE TERMS AND CONDITIONS OF USE
ARBITRATION AGREEMENT and CLASS ACTION and JURY WAIVER AGREEMENT
This is an important contract governing you and us and your use of this Site or Platform. It contains an ARBITRATION AGREEMENT AND CLASS ACTION AND JURY WAIVER agreement. This Agreement does not govern our agreement with regard to any Content you submit to us, which is governed by a separate agreement. Because this contract is important we want to try to avoid ambiguity, uncertainty, and misunderstanding, but that means we can’t just bullet-point the agreement, but we are providing a summary and headings. We have tried to make it easy to understand.
Beginning of Summary:
This is a non-binding, non-contractual attempt at a plain English summary or headings of some, but not all, of the high points of the Agreement. In the Agreement you agree that you will not refer to or rely upon this summary or headings and instead you have read and understand all of the Agreement before signing and agreeing to it and that it is the Agreement that governs, and nothing in the summary or headings or any discrepancy between the summary or headings will govern or be used for interpretation or to suggest what your intentions or understanding might be or have been.
- What follows this summary is a legal and binding contract that you will have read, understand, and agree to by electronic signature.
- There is an important ARBITRATION AGREEMENT AND CLASS ACTION AND JURY WAIVER AGREEMENT starting at Section 16 and including Section 17.
- We may amend or modify the terms with the only notice being posting the amended Terms to a page linked on the Site.
- You are 18 years old or older. If you are not then Your parent or legal guardian will need to and does hereby enter into this Agreement for You and for him or herself.
- As is very standard in these kinds of agreements (go ahead and check the Terms of other sites) We disclaim warranties, and limit what kinds of damages might be available to You and how much. Everything by or through Us is “AS IS.”
- You agree to indemnify, defend and hold Us harmless from any and all claims against us, and you release any and all claims against Us.
End of Summary. Actual Agreement begins here:
TERMS AND CONDITIONS OF USE
ARBITRATION AGREEMENT and CLASS ACTION and JURY WAIVER AGREEMENT
You and we agree:
- This legal and binding contract is referred to as “Terms,” “Agreement,” or “Contract.” By entering into it You acknowledge that You will have read, and have in fact read, and understand, and agree to and with all of it.
- ARBITRATION AGREEMENT AND CLASS ACTION AND JURY WAIVER AGREEMENT NOTICE PARTIAL SUMMARY: YOU AGREE THAT DISPUTES BETWEEN YOU AND US (INCLUDING OUR PARENT ENTITY, AFFILIATES, OR ASSIGNS) WILL BE RESOLVED BY MANDATORY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, CONSOLIDATION, COURT PROCEEDING, OR JURY TRIAL, ALL AS SET FORTH IN THE IMPORTANT ARBITRATION AGREEMENT (A DISTINCT AGREEMENT WITHIN, AND DEMARCATED AT WHAT IS HEADED SECTIONS 16 and 17).
- AMENDMENT / MODIFICATION NOTICE SUMMARY: WE HAVE THE RIGHT TO AMEND OR MODIFY THE TERMS, EFFECTIVE IMMEDIATELY, AT ANY TIME AND WITHOUT NOTICE OTHER THAN POSTING THE AMENDED / MODIFIED AGREEMENT. (Section 9 has more detail.) IF ANY AMENDMENT / MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL NOT ACCESS OR USE THE SITE. IF YOU DO ACCESS OR USE THE SITE YOU WILL BE CONCLUSIVELY DEEMED TO HAVE AGREED TO AND ACCEPTED THE AMENDMENT(S) / MODIFICATION(S).
- LEGAL CONTRACT: This is a legal contract between Us (defined below) and You (or “Your”) with regard to this website, mobile site, or platform (“Site,” or “Platform”). This Agreement does not govern You and Us with regard to Content that you Submit to Us, which is governed by a separate additional agreement. You are an individual of at least 18 years of age. If You are accessing or using the Site on behalf of any entity – including, but not limited to, a company, organization, association, or trust, for example, no matter the legal form of the entity ("entity") -- then You represent and warrant that You are at least 18 years old, an authorized representative of that entity with the actual authority to bind such entity to the Terms, and agree to be bound by the Terms on behalf of such entity and the entity agrees to be bound by You to the Terms. BTW, You and we agree that whenever we use the word “including,” that really means “including, but not limited to,” or “including, without limitation.”
If the person about to agree to the Terms and access or use the Site is under the age of 18 or under a conservatorship or guardianship where they can’t agree to contracts such person’s parent or legal guardian or conservator must ratify, consent to your entering into the Terms, or co-sign and enter into the Terms, and each amendment, themselves, and on Your behalf. If you are under the age of 18 or under a conservatorship or guardianship go get your parent or legal guardian or conservator and get them to read and agree to this contract.
Dear parent or legal guardian or conservator, You agree that you are allowing your child or ward to access or use the Site, and you are consenting to your child or ward entering into the Terms, or you, dear parent or guardian or conservator, ratify, co-sign, and enter into the Terms, and each amendment, yourself, and on behalf of your child or ward. So even though we say “You,” if the User is under 18 years old or under a conservatorship or guardianship it may be construed that it is the parent or legal guardian or conservator of the under 18 year old or “conserved” person who is the You entering into this Agreement, until the under 18 year old not under conservatorship or guardianship or becomes 18 at which time that person is deemed to ratify and affirm this Contract, though the parent or guardian or conservator remains liable for certain things, including indemnification and defense. Sort of like a parent co-signing for a car loan: if the child misses payments the parent is still on the hook. We are entitled to rely upon the agreement hereto to be by a person 18 years old or older and legally able and competent to enter into binding contracts.
- SUMMARY: We have supplied a non-binding, non-contractual attempt at a plain English summary or headings of some, but not all, of the high points of this contractual Agreement. You agree that you will not refer to or rely upon the summary or headings and instead you will have read and understand all of the Agreement before agreeing to it, and that it is this Agreement that governs, and nothing in the summary or headings or any discrepancy between the summary or headings and this Agreement will govern or be used for interpretation or to suggest what your intentions or understandings might be or have been.
- If You do not agree to or with any and each and every of the obligations, terms, conditions, covenants, warranties, and representations, as set forth herein (no matter what each might be called, individually or collectively), and each and every amendment as and when made and effective, do not access or use the Site. Your accessing or using the Site is agreed to be and deemed to be Your agreement to abide and be bound by the Terms, as amended. You acknowledge and agree that You have read and understood, and agree to be bound by, the Terms, and each amendment, and that you will read the then current Terms (including for changes or amendments) upon accessing or using the Site each time You access or use the Site. We might not keep copies of the Terms you agree to; it is your responsibility to contemporaneously make and keep a copy of the Terms you agree to.
- Your accessing or using the Site is Your agreement and is deemed to be your agreement that you have the ability to and consent to enter into contractual agreements electronically. YOU ACKNOWLEDGE THAT YOUR accessing or using the Site, including whether or not you click the “I Agree Button,” CONSTITUTES YOUR WRITTEN AGREEMENT AND ELECTRONIC SIGNATURE AND YOUR INTENT TO BE CONTRACTUALLY AND LEGALLY BOUND BY AND TO THE TERMS HEREIN.
- While a third party is involved in the Agreement in that such third party and LM Clips have entered into an agreement whereby such third party (hereinafter, sometimes referred to as “Compiler”) has agreed, under certain circumstances and in his, her, or its, discretion to help promote certain content You are entering into this Agreement with LM Clips and the entity that controls it, and its successors, subsidiaries, affiliates, or assignees (collectively, "LM Clips", "we", "us", "our ", whether in bold, UPPERCASE, lowercase, or a COMBination); and in certain instances it’s or their licensees or licensors may also have or be granted rights by LM Clips so as to effectuate some or all of the purposes and intent of this Agreement. Compiler is, at the option of LM Clips, deemed to be a LM.Clip licensee, without Our having to repeat that multiple times throughout this Agreement. Compiler is not a direct party to this Agreement with You, is not in “privity” with You, and you waive any and all rights or claims to assert that You are a direct or third party beneficiary to any agreement between Compiler and LM Clips, and you waive any and all rights and claims against, and release any and all claims, and as pertains to Compiler.
- MODIFICATION OF TERMS: We may change, update, amend, and modify the Terms from time to time at any time. The latest Terms may be posted or be available through a link on website, and You agree that You should always review them upon accessing or using the Site so that You may always be aware of what has changed, if anything. If any modification is unacceptable to You, You will leave the Site right away and not access or use it again. If You do access or use the Site You will be conclusively deemed to have accepted the updates, modifications, changes, and amendments. Except as stated elsewhere, all amended Terms will automatically be effective as soon as they are initially posted by Us, except if We state in writing that We are giving advance notice of any amended term to be effective on a date in the future. You agree to check where this Terms and this modified Agreement is available periodically for changes. Except as posted by Us, including to website, the Terms will not be otherwise amended, and no terms will be waived by Us, except in a writing, hand signed by pen on paper by You and an authorized representative of Ours who intends to do so. For purposes specifically of this provision regarding any so-called amendment or waiver of the Terms, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature. For certainty, Your electronic Signature to this Agreement does constitute an electronic signature and it and this is a writing.
We are not obligated to provide notice of modifications or amendment to the Terms by way of any method other than the making available or posting of the amended Terms on or through any LM Clips Site(s) or Affiliate Sites, and doing so without more is deemed and agreed to be sufficient notice of modifications and amendment(s). We may note on the Agreement available at or on or through website, what the effective date of that version of the Terms is, and You agree that You will keep track Yourself of the effective dates of various versions of the Terms, and that We are not required to point out to You changes from version to version of the Terms. You may copy and paste each version of the Terms into a document for Your own personal retention, and You may use any variety of tools to "compare" various versions of the Terms.
- ADDITIONAL DISCLAIMER OF WARRANTIES AND PROMISSORY ESTOPPEL: LM Clips, FOR ITSELF AND ITS LICENESSES (INCLUDING, OF COURSE, Compiler), AND THIRD PARTY LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH YOUR ACCESSING OR USING THE SITE, ANY PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY SITE, PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH SITE, PLATFORM, PROGRAM, OR SERVICE, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH SITE, PROGRAM, PLATFORM, OR SERVICE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL LM Clips (OR ITS LICENSEES, AGENTS, OFFICERS, OR ATTORNEYS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE YOUR COMPUTER, YOUR BROWSERS, PROGRAM, ANY, SITES, PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF LM Clips HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LM Clips DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER [ALTHOUGH WE TRY TO PROTECT AGAINST THAT]. REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY LM Clips OR ANY OTHER PERSON OR ENTITY CONCERNING ACTIONS LM Clips OR ANY OTHER PERSON OR ENTITY MAY OR WILL TAKE, OR MAY NOT OR WILL NOT TAKE, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND YOU WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH OR PROMISSORY ESTOPPEL, UNDER LAW AND EQUITY.
- LIMITATION OF LIABILITY AND DAMAGES:
- LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF PROGRAMS, SERVICES, SITES, PLATFORM, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY SITES, PROGRAM, PLATFORM, OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY PROGRAM, ANY EXTENSION, SITE, PLATFORM, SERVICE, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY OF SAME. WE MAY INTERRUPT ANY SITE, PROGRAM, PLATFORM, OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY VULNERABILITIES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF WE KNOW OR HAVE BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PROGRAM, PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITE / PROGRAM OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED THROUGH OR ADVERTISED ON ANY SITE, PROGRAM, PLATFORM, SERVICE, OR RECEIVED THROUGH ANY REFERENCE SITE / PROGRAM. THIS TERMS DOES NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS TERMS ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR US THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THIS TERMS. THIS TERMS DOES NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, AND SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.
- LIMITATION OF DAMAGES: IN NO EVENT WILL OUR (LM Clips AND ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', ATTORNEYS', OR THIRD-PARTY PARTNERS', LICENSEES, LICENSORS', OR SUPPLIERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS TERMS, OR YOUR ACCESSING OR USING THE SITE, PROGRAM, PLATFORM, SERVICE, OR REFERENCE SITE / PROGRAM , OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING ANY PROGRAM, SITE, OR SERVICE, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE. THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY USE OF ANY SITE, PLATFORM, CONTENT, PROGRAM, PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITE / PROGRAM OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY SITE, PROGRAM, PLATFORM, SERVICE, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITE / PROGRAM.
- LIMITATIONS BY APPLICABLE LAW: THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, IF THE LAWS OF THE JURISDICTION WHERE YOU RESIDE APPLY AT ALL. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS, THOUGH IT IS OUR POSITION THAT SINCE THE LAWS OF CALIFORNIA GOVERN THIS TERMS THE LAWS OF THE JURISDICTION WHERE YOU RESIDE DO NOT APPLY. YOU AGREE THAT THE FOREGOING DOES NOT GIVE YOU ANY RIGHT TO ASSERT, AND YOU WILL NOT ASSERT, THAT THE LAWS OF THE JURISDICTION WHERE YOU RESIDE APPLY OR THAT THE VENUE FOR ANY SUCH CLAIMS SHOULD BE IN SUCH JURISDICTION.
- BASIS OF THE BARGAIN: YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED TO ALLOW YOU TO ACCESS AND USE THE SITES, PLATFORMS, AND SERVICES, SET OUR PRICES AND OTHER CONSIDERATION, AND ENTERED INTO THIS TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AMONG OTHER THINGS, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AMONG OTHER THINGS, FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE ANY SITE, PLATFORM, SERVICE, OR PROGRAM, TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- LOCAL LAWS: LM Clips operates from its headquarters in California, United States, and a Program, Site, Platform, or Service may not be appropriate or available for use in other locations. If You access or use any Program, Site, Platform, or Service outside the United States of America, You are responsible for following applicable local laws, regulations, directives, etc.
- INDEMNIFICATION, DEFENSE & RELEASE: You agree to indemnify, defend, save, and hold harmless LM Clips, its parent and affiliated companies, its subsidiaries, affiliates, contractors, employees, officers, principals, directors, licensees, licensors, attorneys, agents, assigns, grantees, successors, and their suppliers, licensees, licensors, and partners, (collectively “Releasees”), from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of this Agreement, including Your accessing or using the Site, Your use or misuse of any Program or LM Clips Sites, Platform, Service, any violation by You of any term of this Terms, or any breach of any of the representations, warranties, promises, or covenants made by You herein. LM Clips reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless LM Clips, and You agree to cooperate with LM Clips's defense of these claims. LM Clips will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Users and Third Party Business Partners are responsible for their acts and omissions and anything placed on or made available through any LM Clips Platform. In the event that You have a dispute with or claim against one or more Users or Third Party Business Partners, You release LM Clips (and, as usual, our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, licensees, licensors, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You also hereby release, discharge and hold harmless the Releasees from and against any and all claims, whether at law or in equity, that You may have at any time (whether or not You are aware of any such claims), including claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal or state laws arising from this Agreement, including Your accessing or using the Site (collectively, the “Released Claims”). The Released Claims include any claim relating to, arising from or in connection with any use, exploitation or exercise of any right(s) granted hereunder.
You understand and agree that all rights You may have under Section 1542 of the California Civil Code and any similar law of any state or U.S. territory, any similar federal law, or any similar common law or principle of similar effect, are hereby expressly waived. You acknowledge and understand that Section 1542 of the California Civil Code reads as follows:
“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.”
You acknowledge that You may hereafter discover claims in addition to the ones released in this agreement, and You hereby expressly release Releasees from any such unknown and/or unsuspected claims and Released Claims.
You acknowledge that, in the event of a breach of this agreement by LM Clips or any third party, the damage, if any, caused to You thereby will not be irreparable or otherwise sufficient to entitle You to seek or obtain injunctive or other equitable relief. You acknowledge that Your rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and You will not have the right to enjoin C,Clips, nor to revoke or otherwise impair any of the rights granted to LM Clips herein.
- CLAIMS / TIME LIMITATION: YOU AND WE AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ACCESSING OR USING THE SITE, THIS TERMS, OR ANY PROGRAM, SITE, PLATFORM, OR SERVICE, EXCEPT FOR OUR RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ARE, HOWEVER, REFERRED TO SECTION 12, REGARDING YOUR REMEDIES.
ARBITRATION AGREEMENT; CLASS & CONSOLIDATION WAIVER; WAIVER OF TRIAL BY JURY.
- DISPUTE RESOLUTION
- ARBITRATION AGREEMENT; CLASS & CONSOLIDATION WAIVER; WAIVER OF TRIAL BY JURY.
- You and LM Clips each agree that except if you properly opt-out any and all disputes or claims that have arisen or may arise between You and LM Clips, including federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other equitable or legal theory, and relating in any way to the Site, services or this Terms (the terms) will be resolved exclusively by and through confidential final and binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement; the arbitrator shall apply Federal or California State law to all other matters.
Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
- PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF: WE EACH AGREE THAT ANY AND ALL DISPUTES OR CLAIMS RELATING IN ANY WAY TO THE SITE, SERVICES OR THIS TERMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR CONSOLIDATED PROCEEDING. BY ENTERING INTO THIS TERMS AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND LM Clips ARE EACH WAIVING ANY RIGHT TO FILE A LAWSUIT, GO TO COURT, AND THE RIGHT TO A TRIAL BY JUDGE OR JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. (Arbitration procedures are typically, but not always, more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.) Further, In the event any litigation should arise between You and LM Clips in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND LM Clips WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
IN ADDITION, YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION OR LITIGATE OR ARBITRATE ON A MULTI-PARTY, CLASS-WIDE, OR CONSOLIDATED BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, MULTI-PARTY, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED AND ARE WAIVED. UNLESS BOTH YOU AND LM Clips AGREE OTHERWISE IN WRITING DURING THE ARBITRATION, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, MULTI-PARTY, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OR PARTIES. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
- Arbitration Procedures: All issues are for the arbitrator to decide, except that it shall be for a court of competent jurisdiction (in Los Angeles County, California) to decide issues relating to: (i) arbitrability, (ii) the scope or enforceability of this Terms to Arbitrate Including that The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement, and (iii) the interpretation of Section 17.2 of this Terms to Arbitrate (titled "Prohibition of Class and Representative Actions and Non-Individualized Relief").
The arbitration will be conducted by the American Arbitration Association or its successor ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Terms to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If AAA ceases to provide arbitration service, then the term "AAA" shall mean and refer to J.A.M.S, and the arbitration shall be held under the J.A.M.S. Streamlined Arbitration Rules and Procedures, as modified by this Terms and Arbitration Agreement. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Arbitration Agreement. The arbitrator(s) shall be a retired judge or justice, or a duly licensed attorney with no less than 10 years of experience in arbitrating commercial disputes involving the claims in dispute. If the parties cannot agree upon an arbitrator within fifteen days of the filing of the demand for arbitration, the AAA shall select the arbitrator.
A party who intends to seek arbitration must and will first send to the other, by both certified mail if a physical mail address is provided, and email, a completed form Notice of Dispute ("Notice"). You may download a form Notice here. The Notice to LM Clips is to be both mailed or otherwise delivered to LM Clips, c/o LM, Inc., 155 W Washington Blvd., Suite 417, Los Angeles CA 90015, and by email to licensing@LM.inc with the following in the subject line: "Notice Of Dispute". We may email You a confirmation of receipt of Your Notice and require that You verify that You submitted the Notice. If we do, and we do not promptly receive back a verification then You agree that Your attempt to give Notice is deemed ineffective. LM Clips may send any Notice to You to the physical address we have on file associated with Your LM Clips account, if we have one, and if not then by email or any other commercially reasonable method (including social media); it is Your responsibility to keep Your physical address and all other contact information up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If You and LM Clips are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, You or LM Clips may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org and here. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You must and will send a copy to LM Clips at both the following address: LM Clips, c/o LM, Inc., 155 W Washington Blvd., Suite 417, Los Angeles CA 90015, and by email to licensing@LM.inc with the following in the subject line: “Arbitration Demand.” In the event LM Clips initiates an arbitration against You, it will send a copy of the completed form to the physical address we have on file associated with Your LM Clips account, if we have one, and if not then by email or any other commercially reasonable method (including social media); it is Your responsibility to keep Your physical address and all other contact information up to date. Any settlement offer made by You or LM Clips shall not be disclosed to the arbitrator.
All claims filed or brought contrary to this Section 17 be considered improperly filed. Should You file a claim contrary to this Section 17 LM Clips may recover attorneys’ fees and costs up to $1,000.00, provided that LM Clips has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.
The arbitration hearing may be held in the county in which You reside in the United States, or Los Angeles County, California, USA, or at another location mutually agreed upon in writing. If the value of the relief sought is $75,000.00 or less, You or LM Clips may elect to have the arbitration conducted by telephone, live video, or based solely on written submissions, which election shall be binding on You and LM Clips. In cases where an in-person hearing is held, You and/or LM Clips may attend by telephone or live video.
No part of the proceedings shall be revealed or open to the public or the media. All evidence discovered or submitted is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law or equity any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or solely to seek injunctive or equitable relief to stop unauthorized use of the Site or Services, or to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
The arbitrator's award shall be final and binding. The arbitrator will decide the substance of all claims in accordance with applicable law, including regarding the admissibility of evidence, and including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall set forth in writing evidentiary rulings, findings of fact and conclusions of law, and in supported and reasoned decision(s) shall render all awards, including for baseless motions, motions not brought in good faith, and bad faith evasions, failures, and refusals, to comply with procedures, discovery, or proceedings, based thereon. Following application by any Party to a court of competent jurisdiction for an order entering, confirming, modifying, or vacating an award, the court shall, upon the request or motion of either party, have the duty, right and power to review: (a) whether the findings of fact rendered by the arbitrator(s) are supported by admissible evidence, and by the proper burden of proof; (b) whether, as a matter of law based on such findings of fact, the award should be confirmed, modified or vacated; and (c) whether the decision is thus properly supported and reasoned, and if not whether such portion as is not should be modified or vacated. Upon such determination, judgment shall be entered in favor of any Party consistent therewith. The Court shall grant attorneys’ fees and costs to the Party that prevails on any action, proceeding, motion, appeal, or the like, to oppose entry, confirmation, or to modify or vacate an arbitration award. The Parties agree to use reasonable efforts to maintain all matters relating to any proceeding (judicial or arbitration) hereunder confidential, including by seeking to have court filings sealed.
The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same LM Clips user to the extent required by applicable law.
- Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Terms to Arbitrate. If the value of the relief sought is $75,000.00 or less, at Your request, LM Clips will advance all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by LM Clips must be submitted by mail to the AAA along with Your Demand for Arbitration and LM Clips will make arrangements to advance all necessary fees directly to the AAA. If the value of the relief sought is more than $75,000.00 and You are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, LM Clips will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) finds necessary to prevent the cost of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) You assert or relief You seek in the arbitration to be frivolous, not in good faith, or brought for an improper purpose, You agree to promptly reimburse LM Clips for all fees associated with the arbitration paid by LM Clips on Your behalf that You otherwise would be obligated to pay under the AAA's rules. If You receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay You $1,000.00 in addition to the award. LM Clips will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous, or pursuant to Section 17.5.
- Enforcement of Arbitration Award: In the event an arbitration decision, award or judgment is obtained, whether entered, filed or confirmed in court or not, the Party against which there may be obligation or against which the decision, award or judgment has been made agrees to pay all reasonable attorneys’ fees and costs incurred in the enforcement of any such agreement, decision, award or judgment.
- Severability: With the exception of any of the provisions in Section 17.2 of this Arbitration Agreement (titled "Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall still apply. If an arbitrator or a court decides that any of the provisions in Section 17.2 of this Arbitration Agreement (titled "Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Agreement and its Disputes Resolution Section (Section 16) will continue to apply.
- Opt-Out Procedure: You can reject this Arbitration Agreement by clicking here and submitting the opt-out form as instructed therein within thirty (30) days of first accepting this Arbitration Agreement. There are no exceptions to this opt-out procedure. By submitting the information required, You warrant and represent that the information You are submitting is true and complete. You are opting out of the agreement to arbitrate in the Arbitration Agreement. This opt-out doesn't affect any other parts of the Terms, including, for example, the controlling law provision or the requirements about in which courts legal disputes may be brought. For Your convenience, we are providing the Opt-Out Notice form You must complete and submit to opt out of the and Arbitration Agreement. You must complete the Opt-Out Notice form by providing all of the information called for in the form. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way You can opt out of the Arbitration Agreement. If You opt out of the and Arbitration Agreement, all other parts of the Terms/ Agreement, including all other provisions of Section 26 (Disputes with LM Clips), will continue to apply. Opting out of this particular Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that You may have with us. For new LM Clips users, the Opt-Out Notice must be submitted no later than thirty (30) days after the first date You accept the Terms and Arbitration Agreement for the first time. There are no exceptions to this opt-out procedure. We may email You at the primary email address You provide a confirmation of receipt of Your opt-out notice and require that You verify that You submitted the opt-out. If we do, and we do not promptly (no later than five  calendar days) receive back a verification then You agree that Your attempt to opt-out is deemed ineffective
- Future Amendments to the Arbitration Agreement: Notwithstanding any provision in the Terms to the contrary, You and we agree that if we make any amendment to this Arbitration Agreement (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against LM Clips prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between You and LM Clips. We will attempt to notify You of amendments to the Arbitration Agreement by posting the amended terms on LMcreators.com/Terms.html at least 30 days before the effective date of the amendments or by providing notice through any LM Clips Message Center, social media platform, and/or by email. If You do not agree to these amended terms, You must cease using the Sites, Program or Services within the 30 day period and You will not be bound by the amended terms. If You continue to use (and/or do not uninstall) the LM Clips Sites, Program or Services or Program(s) You will be deemed to have agreed to the amendments.
- Judicial Forum for Legal Disputes: Unless You and We agree otherwise, in the event that the Arbitration Agreement is found not to apply to You or to a particular claim or dispute, You agree that any claim or dispute that has arisen or may arise between You and LM Clips must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and LM Clips agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California the purpose of litigating all such claims or disputes. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Survival: This Arbitration Agreement will survive the termination of Your relationship with LM Clips.
- When You use any LM Clips Sites, Program or Service, accessing or using the Site, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with You by e-mail, text, chat, voice, telephone, mobile phone, social media service (such as Twitter, or Facebook), or by posting notices on this site or through any other LM Clips Sites, or Services. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
- Recording Calls: You understand and agree that LM Clips may, without further notice or warning and in our discretion, monitor or record telephone conversations You or anyone acting on Your behalf has with LM Clips or its agents for quality control and training purposes or for its own protection, including to use as evidence. You acknowledge and understand that, while Your communications with LM Clips may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by LM Clips, and LM Clips does not guarantee and disclaims that recordings of any particular telephone calls will be retained or retrievable.
- Confidential Information: C.Clip’s "Confidential Information" all information regarding LM Clips not known to the general public, and confidential information disclosed to LM Clips by third parties and notwithstanding anything to the contrary, information relating to the Site. "Confidential Information" does not include information which (a) is rightfully known to You at the time of disclosure without restriction, (b) has become publicly known through no wrongful act of Yours, (c) has been rightfully received by You from a third party who is authorized to make such disclosure without restriction, or (d) has been independently developed by You without use of Confidential Information other than pursuant to this Agreement.
- Obligation: You (a) will not use any of Confidential Information for the benefit of anyone other than LM Clips or as strictly necessary to perform Your obligation under this Agreement and (b) will use commercially reasonable efforts to protect against the disclosure of any of Confidential Information to anyone other than an employee or consultant of Yours who is obligated by written contract to protect the confidentiality of the Confidential Information and requires such information to perform under this Agreement.
- Required Disclosures: If You are required by any governmental entity or legal process to disclose Confidential Information, You will provide Us with reasonable Notice (given the constraints placed upon You) to enable Us to take protective actions, and You will provide reasonable assistance in furtherance thereof.
- Injunctive Relief: You acknowledge that unauthorized disclosure of Confidential Information would result in irreparable harm to a Us and that, in addition to Our other remedies, we are entitled to injunctive relief to restrain any threatened or continued breach of this Agreement by You or Your agents or representatives without the security of posting a bond or proving actual damages. You waive any requirement of the posting of a bond or other security or undertaking in connection with the granting to a Us of such injunctive relief.
We may report to law enforcement authorities any actions that We believe may be illegal, and any reports We receive of such conduct. When we believe we are legally required to do so or at Our discretion, We may cooperate with law enforcement agencies, regulators, or parties to a civil action in any investigation or requests for information, including of alleged illegal activity related to Us or Application Installer or on the Internet, and may disclose information that We have about You.
Third Party Agreements. You will comply with the terms and conditions of all agreements You have with third parties, including providers of marketplaces, as such terms and conditions relate to use of Our Sites, Programs, Platforms, or Services including terms and conditions related to types of items that may be sold or restrictions on concurrent sales.
No Agency. You and LM Clips are arms-length parties to a contract, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Terms.
Notices. Except as explicitly stated otherwise: any notices given by You must be given to Our postal address or to Our registered agent for service of process, as stated; Notices to You by Us will be deemed given the earlier of upon posting to our site at LMcreators.com/terms.html or 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to LM Clips during any registration process. In such case, notice will be deemed given 3 days after the date of mailing. You agree that notice posted on or LMcreators.com/terms.html, or any LM Clips Platform is deemed given upon the initial posting, even if there is also notice given in any other way. When You visit LMcreators.com/Terms.html or send Us e-mails, You are communicating with Us electronically. You consent to receive communications from Us electronically. We may communicate with You by e-mail, or by posting notices on LMcreators.com/Terms.html. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
Governing Law. California law will govern this Terms, except for the body of law relating to conflicts of law. Subject to the Arbitration Agreement, venue for any legal action will be the state courts of Los Angeles County, California, or the federal courts of the Central District of California, USA. The prevailing party in any litigation in connection with this Terms will be entitled to recover from the other party its costs and reasonable attorneys’ fees and other expenses.
Waivers. A party's failure to enforce any provision of this Terms will not be a waiver of the provision or the right to enforce it at a later time. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms.
Entire Agreement. This Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes all prior negotiations, understandings and agreements, whether written or oral, and will not be modified except in writing, signed by both parties by hand, or by a change to this Terms made by Us as set forth herein. You agree that You are not entering into this Terms in reliance on any statements or representations other than those set forth herein. If any provision of this Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
Assignment. This Terms is not assignable, transferable or sublicensable by You without LM Clips’s prior written consent, which may be withheld in our sole and unfettered discretion, and otherwise any such conveyance will be null and void. We may assign this Agreement in Our sole and unfettered discretion.
Headings and Interpretation. Should any term or condition be in conflict between this Terms and any document incorporated by reference into this Terms, the terms of this Terms will control. The use of headings is for convenience and will not affect the interpretation of this Terms, and do not constitute a part of this Terms, and will not be deemed to limit or affect any of the provisions hereof. When the context requires, the plural shall include the singular and the singular the plural, and any gender shall include all other genders. When the context requires, "including," "e.g.," "for example," and "such as," mean "including, but not limited to." Just because we may not use such words as "represent," "warrant," "covenant," "obligated," or "prohibited," in relation to a provision or section applicable to You, whereas we might use any such words elsewhere, the absence does not mean the word is not implied. When we say "the Terms," or " this Terms," we mean each and every term, clause, section, subsection, provision and word of this Terms, not most or some. We don’t need to say You "understand," "acknowledge," or "agree," including to emphasize, point out, or drive a point home, because that is what You are doing in agreeing to this Terms and contracting with us. No provision of this Terms is to be interpreted or strictly construed against Us because We were the drafter. This is not a contract of adhesion.
- RESERVATION OF RIGHTS: LM Clips reserves all rights not expressly granted in this Terms.
- PREVENTION OF UNAUTHORIZED USE: LM Clips reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of any Site, Platform, or Service, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. LM Clips reserves the right to monitor Your use of any Site, Platform, or Service, to ensure compliance with this Terms. If LM Clips, or its affiliates, or assignees, in their sole and unfettered discretion, determine that You are not in compliance with this Terms, LM Clips reserves the right to take such action deemed necessary to resolve this issue.
- MORE MISCELLANEOUS: We may in Our sole and unfettered discretion, for any or no reason, and without penalty, terminate this Terms and Your access to use of Sites, Platform, or Service, without cause and without notice to You. Upon termination, You must discontinue use of Sites, Platform, or Service. These Terms are effective until terminated by LM Clips. You may terminate these Terms at any time by discontinuing use of the Services and/or deleting Your account, however such termination in no way affects any rights granted to LM Clips relating to Content that You may have submitted prior to termination, all of which shall remain in full force and effect and shall be governed by these Terms. LM Clips may immediately terminate these Terms with respect to You (including Your access to the Services) in LM Clips’s absolute discretion including if You breach or fail to comply with any material term or provision of these Terms. Upon termination, You must cease use of and access to the Site. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of Your account, at LM Clips’s sole and unfettered discretion, and You may be reported to appropriate law-enforcement agencies.
- SURVIVAL: The provisions of this Terms, which by their nature should survive the termination or expiration of this Terms, will survive such termination or expiration. These include Sections 4, 5, 8, 10, 11, 12, 13, 14, 15, 16, 17, 19, 21, 25.
- COMPLAINTS: In accordance with Cal. Civ. Code §1789.3, if You are domiciled in California You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- QUESTIONS OR COMMENTS: If You have questions or comments, please send us a plain text note at support_[at]_LMcreators_[dot]_com without any attachments. We do not assure we will reply.
- COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument, respectively.
- TRUTH: You declare under penalty of perjury under the laws of the State of California and of the United States that all statements made, and information provided, by You in connection with this Agreement are true and correct, that the name you provide is Your legal name, and that the signature below is Your legal signature.
THIS IS A LEGAL DOCUMENT. YOU AGREE THAT, SUBJECT TO THE TERMS HEREIN, YOU ARE EXCLUSIVELY TRANSFERRING ALL YOUR RIGHTS IN THE SUBMITTED CONTENT TO LM Clips ITS PARENTS, AFFILIATES AND/OR ASSIGNS, IN PERPETUITY, IN ALL MEDIA, THROUGHOUT THE UNIVERSE.
By clicking “I Agree” You agree that You have read the above and agree to the terms therein.
Exhibit re Ratification by Parent / Guardian of Minor or Conserved Person
IF THE PERSON ACCESSING OR USING THE SITE IS BETWEEN 13 AND 18 YEARS OF AGE, OR IS UNDER A CONSERVATORSHIP, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN READ AND AGREE TO THE FOLLOWING:
Dear parent or legal guardian or conservator, You agree that you are allowing your minor child or ward to access or use the Site, and you are consenting to your child or ward entering into the Terms, or you, dear parent or guardian or conservator, ratify, co-sign, and enter into the Terms, and each amendment, yourself, and on behalf of your child or ward. So even though we say “You,” if the person accessing or using Site is under 18 years old or under a conservatorship it may be construed that it is the parent or legal guardian or conservator of the under 18 year old person who is the You entering into this Agreement, until the under 18 year old not under conservatorship becomes 18 at which time the under 18 year old is deemed to ratify and affirm this Contract, though the parent of guardian or conservator remains liable for certain things, like indemnification and defense. Sort of like a parent co-signing for a car loan: if the child misses payments the parent is still on the hook even after the child turns 18. We are entitled to rely upon the agreement hereto to be by a person 18 years old or older and legally able and competent to enter into binding contracts. We may also send you an email with this Agreement within or attached to the email and require you to sign the Agreement again and email that back to us. If we do not send you that email that does not invalidate your execution of this Agreement. If we do send you that email and you do not sign the Agreement again and email that back to us that does not invalidate your execution of this Agreement.
I, the parent or legal guardian (referred to as “I” or “Guardian”) represent and warrant that I am either: (i) the parent (with sole or shared custody, as applicable) or (ii) the legal guardian or conservator of the minor child or conserved person (the “Minor”) (who is a User of the Site ) and that I have the legal capacity to enter into irrevocable, binding agreements on behalf of the Minor. I, both individually and on behalf of the Minor and as the Minor’s parent, conservator, or legal guardian, agree to be bound by all of the provisions of this Agreement. As a material part of the consideration inducing LM Clips to enter into the foregoing Agreement with the Minor, including in relation to the Site and the possible benefits arising therefrom, I hereby: ratify and approve each and all of the terms, conditions, covenants, warranties, representations, rights, indemnities, releases and obligations contained in the Agreement; agree to attempt to secure and to do nothing directly or indirectly to hinder or prevent the full performance thereof by the Minor;; and irrevocably guarantee and warrant that Minor will not disaffirm or disavow the Agreement on the grounds that Minor is a minor at the date of the execution thereof, or on any other similar grounds.
This guarantee shall be applicable as well to any modification, amendment, extension, renewal or substitution of the agreement, and to the agreement as modified by any waiver. If LM Clips elects to seek Court approval of this agreement, I, in consideration of the execution of the agreement by LM Clips, further agree to cooperate with LM Clips to secure the approval, by a Court of competent jurisdiction, of the agreement. I agree to indemnify and hold the Releasees (as defined in the Agreement) harmless from and against any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees which may arise from the breach or alleged breach by Minor or Guardian of the foregoing.
I ACKNOWLEDGE THAT MY ELECTRONIC SUBMISSION(S) AND CLICKING “I Agree” CONSTITUTES MY WRITTEN AGREEMENT AND ELECTRONIC SIGNATURE AND MY INTENT TO BE CONTRACTUALLY AND LEGALLY BOUND BY AND TO THE TERMS.