Terms of Service
Just in case you wanted to read them again
Effective Date: 4/10/12
Last Updated Date: 4/10/12
I.Introduction and Eligibility
Binding Agreement. These Terms constitute a binding agreement between you and Launch Ventures Media, Inc. and its affiliates and Launch.it (“Launch”). “You” and “Users” shall mean all visitors to the Launch.it Service. You accept these Terms each time you access the Launch.it Service. If you do not accept these Terms, you must not use the Launch.it Service.
Revisions to Terms. Launch may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Launch.it Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the Launch.it Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The Launch.it Service AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Launch.it Service.
The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Launch.it Service.
II. The Launch.it Service
The Launch.it Service is defined as any website, mobile application, or Internet service under Launch’s control, whether partial or otherwise, in connection with providing the services provided by Launch. The Launch.it Service provides a platform for self-publishing company’s announcements about new products, services and ideas.
You agree that Launch may allow search engines and other services to index the content on the Launch.it Service. The content you post may be available to the public outside of the Launch.it Service via such search engines and other services. We reserve the right to prevent search engines and other services from indexing the content posted to the Launch.it Service.
You agree that if you create an account and use the Launch.it Service on behalf of a business entity (e.g., corporation, partnership, limited liability company, etc.), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
You agree to receive email from us at the email address you provided to us for informational or operational purposes, such as billing, account management, or system maintenance.
V.Launch’s Content Ownership and Use
The contents of the Launch.it Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Launch content (collectively, “Launch Content”). All Launch Content and the compilation (meaning the collection, arrangement, and assembly) of all Launch Content are the property of Launch or its licensors and are protected under copyright, trademark, and other laws.
License to You. Launch authorizes you, subject to these Terms, to access and use the Launch.it Service and the Launch Content solely for the use of Launch’s services, at Launch’s discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Launch Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Launch Content on any copy you make of the Launch Content.
Launch Marks. Launch.it, the Launch.it logo, and other Launch logos and product and service names are or may be trademarks of Launch (the “Launch Marks”). Without Launch’s prior written permission, and except as solely enabled by any link as provided by Launch, you agree not to display or use in any manner the Launch Marks.
VI. Intellectual Property Rights and Your License to Use
Launch Claims No Ownership. The Launch.it Service may provide you with the ability to create, post, or share content (“Your User Content”). Launch claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Launch.it Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Launch’s Use of Posted Content on the Launch.it Service. You acknowledge and agree that any content that you create, post, or share on the Launch.it Service may be edited, modified, removed, published, transmitted, or displayed by Launch. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. You further agree that by submitting Your User Content you consent to its display on the Launch.it Service, and for any related promotional use, whether on the Launch.it Service or on other websites or in other media.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Launch.it Service, any right, title, or interest in or to such content delivered via the Launch.it Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
License Content to Launch. Subject to the terms and conditions of these Terms, you hereby grant Launch a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with the right to sublicense) to Your User Content, including without limitation the right for Launch or any third party Launch designates, to use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future, any of Your User Content submitted by you using the Launch.it Service. Launch reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Launch.it Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Launch Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Launch.it Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Launch.it Service.
The Launch.it Service contains content from Users and other Launch licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Launch.it Service.
VII. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Launch.it Service infringe your copyright, you (or your agent) may send Launch a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Launch.it Service are covered by a single notification, a representative list of such works);
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Launch to locate the material on the Launch.it Service;
4. Your name, address, telephone number, and email address (if available);
5. 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; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Launch a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Launch.it Service should be sent firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
VIII. Suggestions and Submissions
Launch appreciates hearing from its Users and welcomes your comments regarding the Launch.it Service. Please be advised, however, that Launch does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While Launch values your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Launch creative ideas, Launch
1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;
2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
IX. User Content Disclaimers, Limitations, and Prohibitions
Launch does not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by Users (“User Content”), including Issuers, Investors, merchants, or third-party service providers, or any other communications posted by Users. You accept that any reliance on material posted by other Users or third-party service providers will be at your own risk.
A. Prohibited Launch.it Service Uses
You agree to use the Launch.it Service only for its intended purpose. You must use the Launch.it Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Launch.it Service are prohibited. You may not:
1. Aggregate, copy, or duplicate any Launch Content;
2. Use data mining, robots, or other data gathering devices on the Launch.it Service;
3. Remove, disable, damage, circumvent, or otherwise interfere with the security of the Launch.it Service;
4. Interfere or attempt to interfere with the proper working of the Launch.it Service;
5. Gain unauthorized access to the Launch.it Service or computers linked to the Launch.it Service;
6. Attempt to reverse engineer, or reverse engineer the Launch.it Service;
7. Frame or link to the Launch.it Service without permission;
8. Attempt to or submit a virus to the Launch.it Service;
9. Take any action imposing an unreasonable or disproportionately large load on Launch’s infrastructure;
10. Attempt to or obtain unauthorized access to other Users’ accounts;
11. Sell, transfer, or assign any of your rights to use the Launch.it Service to a third party without the express written consent of Launch;
12. Use the Launch.it Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to Launch or others;
13. Use the Launch.it Service to send marketing, advertising, or other repetitious emails, text messages, telephone calls, or other communications;
14. Use the Launch.it Service for transactions involving illegal objects (such as, narcotics or stolen goods), illegal activities (such as, gambling), marketing and advertising;
15. Use the Launch.it Service in an illegal way or to commit an illegal act;
16. Access the Launch.it Service from a jurisdiction where it is illegal, unauthorized, or penalized;
17. Use the Launch.it Service on behalf of a business entity without the legal authority to do so; and
18. Control an account if another account controlled by you has performed these activities or otherwise breached these Terms.
B. Prohibition of Certain User-Provided Information
You are solely responsible for Your User Content on the Launch.it Service. Launch does not endorse any, nor is it responsible for, User Content on the Launch.it Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
The following requirements apply to Your User Content. You may not:
1. Post information on behalf of another person or entity without their consent;
2. Post incomplete, false, or misleading information in a User profile, impersonate another person, or misrepresent your affiliation with a person or entity, particularly in any attempt to learn sensitive information;
3. Harass, incite othersto harass, advocate harassment, or post any unlawful, harmful, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material;
4. Disclose personal information about another person;
5. Post links, advertisements, or other content from competitors’ websites; or
6. Post any franchise, pyramid scheme, or similar information.
X. Your Log-In Credential Information
You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Launch immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that Launch will not be liable for any loss or damage arising from unauthorized use of your credentials.
XI. Privacy: Use and Disclosure of Content or Other Provided Information
1. Comply with legal process, such as a court order or subpoena;
2. Enforce these Terms;
3. Respond to claims that any content violates the rights of third parties;
4. Respond to your requests for customer service;
5. Respond to law enforcement;
6. Provide the Launch.it Service;
7. Investigate and prevent unauthorized transactions or other illegal activities; or
8. Protect our or others’ rights, property, or safety.
XII. Consequences of Violating These Terms
Launch may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Launch.it Service.
Launch reserves the right to suspend or terminate your account and prevent access to the Launch.it Service for any reason, at its discretion. Launch reserves the right to refuse to provide the Launch.it Service to you in the future. Perpetual licenses granted by you to Launch remain in full force and effect.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by Launch or others caused by or arising out of your breach of these Terms and your use of the Launch.it Service.
XIII. Launch’s Liability
Changes to the Launch.it Service. Launch may change, suspend, or discontinue any aspect of the Launch.it Service at any time, including hours of operation or availability of the Launch.it Service or any feature, without notice or liability. We may decline to process a transaction without prior notice to either party.
User Content. Launch does not control User Content and does not have an obligation to monitor it for any purpose. Launch has no obligation to make User Content available through the Launch.it Service. Launch may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but Launch assumes no responsibility for doing so. Launch assumes no responsibility for the conduct of Users or other third parties.
Launch reserves the right, in its sole discretion, to remove Your User Content, and Launch does not assume any obligation to remove it. To the extent permitted by law, Launch disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall Launch be liable for the deletion, loss, or unauthorized modification of any User Content.
User Disputes. Launch is not responsible for any disputes or disagreements between you and any other User. You assume all risk associated with dealing with other Users. You agree to resolve disputes directly with the other party. You release Launch of all claims, demands, and damages in disputes among Users of the Launch.it Service. You also agree not to involve Launch in such disputes. Use caution and common sense when using the Launch.it Service.
Marketing and Public Relations Professionals. The Launch.it Service may provide a list of marketing and public relations professionals who can help you create content. You are responsible for the fees such professionals may charge for their services. Launch does not share in any fees with these professionals. The Launch.it Service is not a referral service, does not make recommendations of such professionals, and makes no representations as to the quality of the professionals. You assume all risk and Launch disclaims all liability arising from your use of them.
Content Accuracy. Launch makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the Launch.it Service, including data from third-party service providers. Similarly, Launch makes no representations as to the quality or nature of third-party products or services obtained through the Launch.it Service. Use the Launch.it Service at your own risk.
Third-Party Websites. The Launch.it Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. Launch is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and Launch disclaims all liability arising from your use of them.
Launch makes no promises and disclaims all liability of specific results from the use of the Launch.it Service.
Released Parties Defined. “Released Parties” include Launch and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE LAUNCH.IT SERVICE IS AT YOUR SOLE RISK, AND THE LAUNCH.IT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE LAUNCH.IT SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE LAUNCH.IT SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE LAUNCH.IT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LAUNCH.IT SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE LAUNCH.IT SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LAUNCH.IT SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B.LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LAUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE LAUNCH.IT SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE LAUNCH.IT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE LAUNCH.IT SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE LAUNCH.IT SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, LAUNCH’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE LAUNCH.IT SERVICE OR YOUR USE OF LAUNCH’S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You further agree and understand that Launch has no liability for the loss of any information you may choose to store in your Launch account, your computer, or your mobile device, in the event your computer or mobile device is lost or stolen.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the Launch.it Service, (ii) your use or reliance on any Launch Content, or (iii) your breach of these Terms. Launch shall provide notice to you promptly of any such claim, suit, or proceeding.
XIV. General Terms
These Terms constitute the entire agreement between you and Launch concerning your use of the Launch.it Service. The failure of Launch to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
XV. Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and Launch shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Launch agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Launch.it Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of United States in the state of New York. You covenant not to sue Launch in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.