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TERMS OF USE

TERMS OF USE

Effective Date: June 20, 2017

LEVEL-5 Inc. and its affiliates (collectively "LEVEL-5" or "we") own and operate this Website. Your use of this Website is governed by and subject to the following terms, conditions and notices (collectively, these "Terms of Use"). Please read these Terms of Use carefully. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. We may make changes and updates to these Terms of Use from time to time; please check back often for changes and updates.

Privacy Policy

By using this Website, you also accept and agree to be bound by our Privacy Policy/Your California Privacy Rights, which describes our data collection, use, sharing, and security practices associated with this Website.

Prize Promotions

LEVEL-5 may from time to time conduct prize promotions (sweepstakes, contests, games, etc.) on this Website. Participation in such prize promotions will be governed by and subject to the applicable official rules of LEVEL-5.

Reservation of Rights

We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Website or any portion thereof; (ii) restrict, limit, suspend or terminate any user’s access to this Website or any portion thereof; (iii) monitor any user’s activities on this Website to verify and ensure that user’s compliance with these Terms of Use and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Use or any applicable law and cooperate with authorities in such investigation.

Prohibitions We do not permit or tolerate any illegal, abusive, harmful or improper use of this Website. Without limiting the generality of the foregoing, you shall not:

  • use this Website other than for your own personal/household, lawful and non-commercial use only;
  • copy, reproduce, publish, distribute (by sale, rental or otherwise), license, sublicense, publicly perform or display, alter, modify, or create derivative works from, any portion of this Website or any LEVEL-5 Content (as defined below), unless expressly otherwise authorized in writing by LEVEL-5;
  • decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of, this Website or any software program or application associated with this Website;
  • submit, upload, post or transmit any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  • submit, upload, post or transmit any photo or video identifying another individual without proper consent;
  • impersonate another, or falsify account information, or make unauthorized use of another’s information;
  • interfere in any way with the operation of this Website or any server, network or system associated with this Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the performance or vulnerability of this Website or any server, network or system associated with this Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission; or corrupting or attempting to corrupt data stored on this Website or any server, network or system associated with this Website;
  • use, transmit or distribute viruses, bots, worms, or any other harmful computer code, files or programs to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to gain unauthorized use of or access to a computer or a computer network;
  • use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Website or any server, network or system associated with this Website, or to extract, collect, harvest or gather content or information from this Website;
  • frame or otherwise create a browser or border environment around any portion of this Website or any LEVEL-5 Content, or deep-link to any internal page of this Website or any LEVEL-5 Content;
  • use the LEVEL-5 mark or logo or any other mark, logo or source identifier of LEVEL-5 (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;
  • harass or cause annoyance to other users;
  • infringe upon any intellectual property or other proprietary right of any person or entity;
  • send or cause others to send (directly or indirectly) “spam” or other unsolicited messages or communications of any kind; or
  • engage in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges.

Violating any of these prohibitions may subject the violator to civil as well as criminal liabilities, and we reserve the right to report any such violation and disclose the violator’s identity to the appropriate law enforcement authorities.

LEVEL-5 Content

As used herein, “LEVEL-5 Content” means and includes any and all content and material owned or provided by LEVEL-5, including, without limitation, text, descriptions, artwork, graphics, images, photos, videos, audios, games, music, advertisements, marks, logos, slogans, links, software, downloadable and/or mobile apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories. Without limiting the generality of the foregoing, all LEVEL-5 characters and associated names, images, designs, drawings and artworks are the proprietary property of LEVEL-5.

All LEVEL-5 Content belongs to LEVEL-5 and is protected by United States and foreign copyright, trademark and other intellectual property laws. LEVEL-5 hereby grants you a limited, revocable, non-sublicensable, non-transferable license to use this Website and LEVEL-5 Content solely for your own personal/household, lawful and non-commercial use strictly in accordance with these Terms of Use and applicable laws. Any unauthorized use of LEVEL-5 Content may result in civil and/or criminal penalties. LEVEL-5 reserves all rights not expressly granted herein.

Use of Software

If you acquire or download any software (including any mobile app) made available by LEVEL-5 on this Website (“Software”), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:

  1. The Software is licensed to you solely for your own personal/household, lawful and non-commercial use strictly in accordance with these Terms of Use and applicable laws.
  2. All right, title and interest in and to the Software, including, without limitation, all copyrights and other intellectual property rights, will remain with LEVEL-5.
  3. You may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse engineer, decompile or disassemble the Software.
  4. You may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software.
  5. You may not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software.
  6. All Software provided on this Website is subject to United States export control laws and regulations. No Software may be downloaded from this Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading, installing or using any Software obtained from this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with United States export control laws and regulations.
  7. You acknowledge that, unless expressly otherwise stated, LEVEL-5 provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk.

User Content

As used herein, “User Content” means any content or material submitted or posted to this Website by users, including, without limitation, user-originated messages, photos, images, artwork, videos, etc., but excluding any LEVEL-5 Content.

As between you and LEVEL-5, you own User Content provided by you, and LEVEL-5 does not claim ownership rights in your User Content. However, by providing User Content to this Website: (i) you irrevocably grant to LEVEL-5 and its licensees the right and permission to use, reproduce, store, archive, create excerpts, compilations and other derivative works from, publicly perform and display, broadcast, publish and distribute your User Content as LEVEL-5 deems appropriate or desirable in its sole discretion and to the fullest extent permitted by applicable law; (ii) you represent and warrant that you own all rights in your User Content and that your User Content does not infringe or violate any third-party right or violate any applicable law; (iii) LEVEL-5 reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content that, in its sole judgment, violates these Terms of Use or any applicable law, or may expose or subject LEVEL-5 to liability of any kind, or may adversely affect the reputation or goodwill of LEVEL-5.

Compliance with the Digital Millennium Copyright Act

In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), LEVEL-5 will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. LEVEL-5 also has a policy of terminating, in appropriate circumstances, use of this Website by those that are determined by LEVEL-5 to be repeat infringers.

  • Designated Agent: In compliance with the DMCA, the following is LEVEL-5’s Designated Agent to receive notifications of claimed copyright infringement by User Content on this Website:

    By mail:

    LEVEL-5 Inc.
    By Email: lv5id-support@level5abby.com

Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Website, please notify the Designated Agent listed above in writing and provide the following requisite information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. a statement that the complaining party has 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.

Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Website, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of California, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If LEVEL-5 receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Links to Third-Party Websites

This Website may contain links to other websites (the "Linked Sites") that are not owned, controlled or operated by LEVEL-5. LEVEL-5 has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites.

Disclaimer of Warranties EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY LEVEL-5 AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:

  1. your physical or electronic signature;
  2. THIS WEBSITE AND ALL LEVEL-5 CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
  3. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEVEL-5 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND ALL LEVEL-5 CONTENT.
  4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEVEL-5 DOES NOT WARRANT THAT THIS WEBSITE AND ALL LEVEL-5 CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS WEBSITE AND ALL LEVEL-5 CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS WEBSITE AND ALL LEVEL-5 CONTENT ENTIRELY AT YOUR OWN RISK.

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL LEVEL-5 OR ANY OF LICENSEES OR ANY OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY LEVEL-5 CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

User Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LEVEL-5 AND ITS LICENSEES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (I) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THIS WEBSITE OR ANY LEVEL-5 CONTENT OR ANY USER CONTENT; (II) ANY USER CONTENT PROVIDED BY YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW; AND/OR (IV) ANY INTERACTION, DEALING OR DISPUTE BETWEEN YOU AND A THIRD PARTY.

International Use

LEVEL-5 operates and provides this Website in and from the United States of America. LEVEL-5 does not represent or warrant that this Website or any LEVEL-5 Content is appropriate or available for use in locations outside the United States of America. If you access this Website from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this Website.

Governing Law

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, U.S.A. (without regard to the conflict of laws provisions thereof).

Severability

If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect.

No Waiver A failure by LEVEL-5 to exercise or enforce any right or provision under these Terms of Use will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms of Use will only be effective if it is in writing and signed by LEVEL-5.

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