This Terms of Use Agreement (these “Terms of Use”) is a binding legal contract between you (“You” or “Your” either an individual or a legal entity) and Force Multiplier Studios, LLC (the “Company”). These Terms of Use govern Your access to and use of the web site: https://forcemultiplierstudios.com/ (the “Site”). By accessing or using any part of the Site, You will be bound by these Terms of Use. If You do not agree to these Terms of Use, the Company is not willing to grant You any right to use or access the Site. In such event, You are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.
The Company may change, add or remove portions of these Terms of Use from time to time, and such changes shall become effective immediately upon posting on the Site. It is Your responsibility to review these Terms of Use prior to each use of the Site, and by continuing to use the Site, You agree to any changes, additions and removals.
SITE ACCESS
The Site You have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by the Company, its affiliates and licensors. YOU HAVE NO OBLIGATION TO PROVIDE THE COMPANY WITH IDEAS, SUGGESTIONS, OR PROPOSALS RELATING TO THE SITE, PRODUCTS, SERVICES, BUSINESS OR TECHNOLOGY OF THE COMPANY (COLLECTIVELY, “FEEDBACK”). HOWEVER, IF YOU SUBMIT FEEDBACK TO THE COMPANY IN ANY WAY, THEN YOU HEREBY IRREVOCABLY ASSIGN TO THE COMPANY ALL RIGHT, TITLE, AND INTEREST IN, AND THE COMPANY IS FREE TO USE, WITHOUT ANY ATTRIBUTION OR COMPENSATION TO ANY PARTY, THE FEEDBACK, FOR ANY PURPOSE WHATSOEVER, ALTHOUGH THE COMPANY IS NOT REQUIRED TO USE ANY FEEDBACK. You are provided with access to the Site , the Site is not sold. Except for the limited license granted in these Terms of Use, the Company and its licensors retain all right, title and interest in the Site and all proprietary rights in the Site, including without limitation copyrights, patents, trademarks, service marks and trade names. The Company may change, suspend, or discontinue any aspect of the Site at any time, without any liability or obligation to You. The Company, its suppliers and service providers reserve all rights not granted in these Terms of Use.
1. LIMITATIONS. Your use of the Site is restricted as follows:
A. Limitations on Copying and Distribution. You may not download or copy items displayed on the Site.
B. Limitations on Use. You may use and access the Site solely for Your personal, non-commercial use. All use of the Site must be in accordance with these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any contents, information, data or materials provided through the Site in any manner not expressly permitted by these Terms of Use or the Site. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, data or materials not intended for You, the account of any other authorized user or any other systems or networks connected to the Site or to any server used by the Company, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) violate or attempt to violate the security of the Site, including without limitation, probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site, or any network connected to the Site; (iv) attempt to interfere with the Site being provided to any user, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “mailbombing” or “crashing” the Site; (v) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks of the Company or networks connected to the Site; (vii) use any device, software, or routine to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site; (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Site; (x) create an intact reproduction of a page or pages of Site into another service; or (xi) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact the Company.
C. Non-Solicitation. You may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services.
D. Limitations on Reverse Engineering and Modification. You may not, and may not permit any third party to, reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials trademark notices, or labels from the Site on any materials accessed through the Site.
E. Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Site on any materials accessed through the Site.
F. Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Site is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
2. USER OBLIGATIONS. By accessing, or using the Site in order to view information and materials of any kind, You represent that You: (i) are at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Site with parental or legal guardian consent and supervision; and (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by the Company.
3. LINKS TO OTHER SERVICES. The Company may allow access to third party information products, services, and other materials, including Materials (collectively, “Third Party Materials”), and including via links. The Company does not control, endorse, and is not responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by the Company with respect to any Third Party Materials. The Company has no obligation to monitor Third Party Materials, and the Company may block or disable access to any Third Party Materials at any time. In addition, the availability of any Third Party Materials through the Site does not imply the Company’s endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between You and any such provider. Such third parties may have a privacy policy and/or terms of use that are different from the Company’s and may provide less security than the Company. Notwithstanding anything to the contrary herein, the Company is not responsible or liable for any such differences or discrepancies within the Third Party Materials. The Company expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the Third Party Materials provided by, available through, or advertised on these third-party services, or the products or services provided by any third party. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR SOLE RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE OR PRIVACY POLICY OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
4. LINKS TO THIS SITE. You may link to the Site provided that You do so in a way that indicates that the link is direct to the Site and is fair and not misleading. You may not integrate or make use of all or part of the Site in ways that would confuse or mislead visitors as to the nature and origin of the Site’s content.
5. TERMINATION. These Terms of Use will take effect the moment You access or use the Site and will be in effect until terminated as set forth below. The right to access the Site will automatically terminate in the event You breach any of these terms. Termination will be effective without notice. You may terminate these Terms of Use at any time by ceasing to use the Site. All applicable provisions of these Terms of Use as identified below will survive termination. Upon termination, You must destroy all copies of any aspect of the Site in Your possession. The following will survive termination of these Terms of Use for any reason: (i) the General section below; and (ii) the Company’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
6. WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND LINKS PROVIDED ON THE SITE ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE , INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. THE COMPANY DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, THIRD PARTY MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH LINKS ON THE SITE. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE , OR ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY MATERIALS OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE COMPANY AND ITS SUPPLIERS AND LICENSORS UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO TWENTY-FIVE DOLLARS ($25).
Some states do not allow the exclusion of incidental or consequential damages, or the or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.
8. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. The Company is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content through the Site in any manner that constitutes infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the Company to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to the Company by the copyright owner or the copyright owner’s legal agent.
If You feel that a posted message is objectionable or infringing, the Company encourages You to contact the Company immediately. Upon the Company’s receipt of a proper written notice of claimed infringement under the DMCA, the Company will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of the Company (i.e., the proper party) to whom You should address such notice is listed below.
If You believe that Your work has been copied and posted using the Site in a way that constitutes copyright infringement, please provide the Company’s designated agent with a written communication containing the following information:
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
B. a description of the copyrighted work that You claim has been infringed;
C. a description of where the material that You claim is infringing is located to permit the Company to locate the material;
D. Your address, telephone number, and email address;
E. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. a statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner’s behalf.
The Company’s designated agent for notice of claims of copyright infringement can be reached as follows:
By E-mail:
legal@inmotionhosting.com
By Mail:
3629 Sentara Way, Virginia Beach, VA 23452
9. INTERNATIONAL USERS. While the Site is controlled and operated within the United States, this publication may be distributed internationally and may contain references to the Company services, products, and programs that are not in Your country. These references do not imply that the Company intends to announce or provide the programs, products, or services in Your country. The Company makes no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If You access or use the Site from a location outside the United States, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use, local national the Company society rules and policies, and U.S. export laws and regulations.
10. INDEMNIFICATION. You agree to indemnify, defend and hold the Company and its affiliates and its and their respective governors, directors, officers, employees, volunteers, and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of the Site.
11. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain
programs, services, tools, purchase options, materials, or information in the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if You wish to access and use those programs, services, tools, materials, purchase options, or information of the Site, You acknowledge and agree that Your use of the Site will constitute acceptance of the personal identifying information collection and use practices contained in the Privacy Policy found at [Link to Privacy Policy][1].
12. GENERAL. These Terms of Use are governed by and construed in accordance with the laws of the State of New York. Any action or proceeding brought by You or the Company shall be brought only in a court of competent jurisdiction located in New York County, New York and You and the Company agree to submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms of Use shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. These Terms of Use constitute the entire understanding and agreement between the Company and You with respect to the Site and any transactions contemplated in these Terms of Use, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms of Use, all of which are merged into these Terms of Use. You may not modify, amend or alter in any way these Terms of Use. In the event any provision of these Terms of Use are found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms of Use will remain valid and enforceable according to its terms. Any failure by the Company to strictly enforce any provision of these Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms of Use. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
Revised October 2022.
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