Terms of Use

Effective as of September 25, 2017.

Acceptance of Terms of Use

Welcome to www.lightworkers.com (the “Site”), operated by LightWorkers Media OTT, LLC (“Company”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Site and any other sites, applications, features, technology, software, content or promotions offered by us from time to time, that link or otherwise refer to these Terms of Use (each, a “Service” and collectively, the “Services”), whether as a guest or a registered user, or any other user (“user” or “you” or “your”).

Please read these Terms of Use carefully before you start to use the Services. By accessing and/or using the Services, you accept and agree to be bound and abide by these Terms of Use, as may be amended from time to time, located AT WWW.LIGHTWORKERS.COM/TERMS-OF-USE and the Privacy Policy, as may be amended from time to time, located AT https://live-lightworkers.pantheonsite.io/privacy-policy/ (the “Privacy Policy”), which privacy policy is incorporated herein by reference. If you do not want to agree to these Terms of Use and the Privacy Policy, you must not access or use the Services.

NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE, WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THESE TERMS OF USE TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.  PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. BY USING THE SERVICES AND ACCEPTING THESE TERMS OF USE, YOU HEREBY AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.

Eligibility

The Services are offered and made available to users who are at least 18 years of age and reside in the United States of America (“U.S.”). By accessing and/or using the Services, you represent and warrant that (a) you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements, (b) your use of the Services does not violate (i) any applicable laws, rules, rulings or regulations (collectively, “Applicable Law”) or (ii) any applicable terms, conditions or requirements promulgated by any provider of a Third Party Service (as defined below, e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.) and (c) any registration information you submit to us  is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you do not meet all of these requirements, you must not access or use the Services.  Company may require proof of your identity or eligibility at any time to participate or continue to participate in a Service and/or to receive any product in connection with the Services.  Failure to provide evidence of identity or eligibility satisfactory to Company, and determined in Company’s sole discretion, may result in suspension or termination of your access to the Services. Company reserves the right to (a) monitor all activities via the Services, including, but not limited to, any effort to use the Services in violation of these Terms of Use and (b) to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas.

Changes to the Terms of Use and the Services

We may revise and update these Terms of Use from time to time in our sole discretion. If we make material changes to these Terms of Use, we will notify you by posting or displaying a notice on the Services and/or via other electronic means (e.g., e-mail). The form of such notice is at our discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Services from that point and thereafter. Your continued use of any Services following any such posting of a revised Terms of Use means that you accept and agree to such changes. You are expected to check this page from time to time so you are aware of any such changes, as they are binding on you.

We may update the content offered via the Services from time to time, but any such content is not necessarily complete or up-to-date. Any of the material offered via the Services may be out of date at any given time, and we are under no obligation to update such material.  We reserve the right to withdraw or amend the Services, and any materials we provide via the Services, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including, but not limited to, any registered users.

Access to the Services and Termination

To access the Services or some of the resources therein, you may be asked to provide your information, including, but not limited to, personal information. It is a condition of your use of the Services that, if you are asked to register, all the information you provide is accurate, current and complete. You agree that all information you provide in order to register for any Service or otherwise, including, but not limited to, through the use of any interactive features offered via the Services, is governed by the Privacy Policy, and you consent to all of the actions we take with respect to your information consistent with the Privacy Policy.  Even after your use of or access to the Services is terminated by you (or you stop using any of the Services in any way) or by Company, these Terms of Use will remain in full force and effect with respect to your past and future use of the Services.  WE HAVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES  OR YOUR ACCOUNT OR TO DISABLE OR CHANGE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION AND FOR ANY REASON OR FOR NO REASON, INCLUDING, BUT NOT LIMITED TO, IF IN OUR OPINION, YOU HAVE VIOLATED ANY TERM OF PROVISION OF THESE TERMS OF USE.

Security

If you choose, or are provided with, a user name, password or any other piece of information to access the Services (or part thereof) or other security procedures, you must treat any and all such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your access and/or account for the Services, or any feature or other aspect thereof, is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, account or other security information regarding the Services. You agree to notify us immediately of any unauthorized access to or use of your user name or password, account, or access to the Services, or any other breach of security regarding the Services. You also agree to ensure that you exit from the Services and/or your account at the end of each session. You should use particular caution when accessing the Services from a public or shared computer so that others are not able to view or record your password(s) or other information (including, but not limited to, your personal information).

Intellectual Property Rights

As between you and Company, Company or its licensors own(s) or has the sole and exclusive right to use, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith, other than User Contributions (collectively, the “Company Content”), together with all copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights appurtenant thereto, which  are protected by Applicable Law.  The term “Company Content” includes, but is not limited to, all video, audio, artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, but not limited to, the design, selection, sequence, look and feel, and arrangement of the Services.  Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Company Content.”  Company’s names, and any and all related names, logos, product, branding and service names, designs and slogans are trademarks and/or other intellectual property of Company and/or the Company Parties (as defined below) (collectively, the “Company Marks”).  You must not use the Company Content or any Company Marks without the prior written permission of Company or a Company Party (as defined below) in each instance.

These Terms of Use permit you to access and use the Services and all materials available via the Services, including, but not limited to, the Company Content, for your personal, non-commercial use only (except as otherwise specifically permitted herein). Unless explicitly permitted on the Services, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material offered via the Services, including, but not limited to, the Company Content.  If the Services permit you to embed, share or link any technology or content offered via the Services, except as otherwise specifically permitted herein, it is for your specific, personal, non-commercial use only in accordance with these Terms of Use, including, without limitation, the applicable Additional Terms (as defined below).  You may link to our homepage, provided you do so in a way that complies with Applicable Law, and in our sole discretion does not damage our reputation or take advantage of it; but you must not provide a link to the Services in such a way as to suggest any form of association, approval or endorsement on our part. If you print, copy, modify, download or otherwise use or provide any other person with access to the Company Content and/or any other part of the Services in breach of these Terms of Use, including, without limitation, any applicable Additional Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services, including any content or technology offered via the Services, is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other Applicable Law.

Fees; Transactions

You acknowledge that Company reserves the right to charge a fee for any portion(s) of the Services.  Company will provide you with notice of any such fees, including any change in the amount of such fees.  Additional Terms may apply to your use of, access to and purchase of such fee-based portions of the Services. If you continue to use the Services after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee(s) for the balance of your subscription or use of the Services.  If Company suspends or terminates your access to and/or account with the Services because you have breached these Terms of Use (including, without limitation, any applicable Additional Terms), the Privacy Policy or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

IF YOU OR ANYONE USING YOUR ACCOUNT PURCHASE A PRODUCT OR SERVICE MADE AVAILABLE VIA THE SERVICES (EACH SUCH PURCHASE, A “TRANSACTION”), YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) AND/OR ANY OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION OR PAYMENT SERVICE(S) AND YOU AGREE TO PAY ALL CHARGES THAT MAY BE INCURRED BY YOU OR ON YOUR BEHALF THROUGH OR VIA THE SERVICES, AT THE PRICE(S) THEN-CURRENTLY IN EFFECT WHEN ANY SUCH CHARGES ARE INCURRED INCLUDING, BUT NOT LIMITED TO, ANY AND ALL SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES. Verification of your information may be required prior to the acknowledgment or completion of any Transaction.  If payment is not received by us or any of our designated agents from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us or any of our designated agents. For the avoidance of doubt, you are responsible for any taxes that may be applicable to your Transactions and we may be required by Applicable Law to collect sales tax on orders shipped to certain states, so if your order is shipping to any such states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. We reserve the right to collect sales tax in any other jurisdictions if we believe that such collection is required by Applicable Law. The prices displayed via the Services are quoted in U.S. dollars, unless otherwise indicated.  We do not guarantee that any product descriptions or other content or product(s) will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services do not imply our or any of our affiliates’ endorsement of such products or services.  All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and/or to bar you from conducting any or all Transaction(s), all for any reason or for no reason, and without liability to you or anyone else.

Disclaimer for Information Posted

The information presented on or via the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We expressly disclaim any and all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of the information, content or any other material in connection with the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, materials or content available via the Services. The relationship between you and the Services is not a priest-penitent, physician-patient or psychotherapist-patient relationship, or any similar relationship.  The content accessed via the Services is not intended to be the practice of medicine, including, but not limited to, psychology, psychiatry, or psychotherapy, or providing health care or nutrition advice or instruction for diagnosis or treatment. Company does not recommend the self-management of health or mental health problems. You should never delay in seeking treatment, or disregard medical advice, because of something you have read on the Services.

The Services may include content provided by third parties, including, but not limited to, any materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Company and, irrespective of whether or not such materials are available via the Services, we do not endorse any such third-party materials and we are not responsible or liable, to you or to any third party, for any content or the accuracy of any materials provided by any third parties or any actions of such third parties.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. In addition to any other restrictions set forth in this Terms of Use, you agree not to use the Services for the following prohibited uses:

  • To violate any Applicable Law.
  • For any purposes of exploiting, harming or attempting to exploit or harm any person in any way (including, but not limited to, any minors by exposing them to inappropriate content), asking for personal information, or otherwise.
  • To transmit, or facilitate the sending of, any advertising, marketing or promotional material, including any “junk mail,” “chain letter” or “spam,” or any other similar solicitation or communication.
  • To impersonate or attempt to impersonate Company, a Company employee or Company designated representative, another user or any other person or entity (including, but not limited to, by using e-mail addresses or user names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as solely determined by us, may harm Company, or users of the Services, or expose anyone to liability.
  • In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • To use any robot or bot, spider or other automatic software, technology, device, process or means to access the Services for any purpose, including, but not limited to, monitoring or copying any of the content or any other material or technology offered via the Services.
  • To use any manual process to monitor or copy any of the content or any other material or technology offered via the Services, or for any other unauthorized purpose without our prior written consent.
  • To use any device, software, technology or routine that interferes with the proper working, offering or availability of the Services.
  • To introduce any virus, trojan horse, worm, logic bomb or any other software, technology or other material which is malicious or technologically harmful or otherwise attempts to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server(s) via which the Services is stored, or any server, software, technology, computer or database in connection with the Services.
  •  To attack the Services via a denial-of-service attack or a distributed denial-of-service attack or similar mechanism.
  • To otherwise attempt to interfere with the operation, offering or availability of the Services.
Monitoring and Enforcement

In addition to any other terms or conditions in this Terms of Use, we reserve the right to:

  • Remove or refuse to post any User Contributions for any reason or for no reason, in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, but not limited to, if we believe that such User Contribution violates the Terms of Use infringes any intellectual property right or other right of any person or entity, threatens the safety of users of the Services or the public, or could create liability for Company.
  • Disclose your identity or other information about you to any third-party who claims that material posted by you violates any of their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any reason or for no reason, including, but not limited to, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND THE COMPANY PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Please note that we do not undertake to review all material before it is posted via the Services, and we cannot ensure prompt removal of any objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, content or any other material provided by any user or third-party. We have no liability or responsibility to anyone for performance or non-performance of the monitoring and enforcement activities described in this section.

Copyright Infringement

 If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
  • 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 us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
  • 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following designated agent (“Designated Agent”):

Company’s Designated Agent: Copyright Agent, LightWorkers Media OTT, LLC, 100 Corporate Pointe, Suite 100, Culver City, CA 90230 or DMCA@lightworkers.com or 310-903-5400.

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to us at the email addresses provided in this Terms of Use. You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to Applicable Law, to make such content available to us for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
  • Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Information About You and Your Access to and/or Use of the Services

All information we collect through the Services is subject to the Privacy Policy.  By accessing and/or using the Services, you consent to all actions taken by us with respect to your information as collected through your access to and use of the Services, as further described by the terms of the Privacy Policy.

Additional Terms and Conditions

Additional terms and conditions may also apply to specific portions, products, services, functionality or features we may offer or make available to you as part of or in connection with  the Services (“Additional Terms”).  The Services may also provide rules of participation for certain activities and services, including, but not limited to, contests, sweepstakes and other initiatives (“Rules”).  All Additional Terms and Rules are hereby incorporated by this reference into these Terms of Use.  To the extent that there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between these Terms of Use and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among the Terms of Use, the Additional Terms and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, the Terms of Use.

Third Party Services and Your Responsibility

The Services include features and functionalities from “Third Party Service(s)” as further described in the Privacy Policy. Portions of the Services may be dependent on and/or interoperate with Third Party Services and may require that you be a registered member of such Third Party Services and provide certain account credentials and other information in order to access such Services. If the Services contain links or offer access to other features, functionalities or services provided by Third Party Services, any such links and/or access are provided for your convenience only, and any visit you make to any Third Party Service(s), and/or your use of any service, feature or functionality that is offered by a Third Party Service(s), is solely at your own risk. We do not verify or endorse, and we have no control over, the content or technology or availability of any sites, features, functionalities, services, resources or any other offering by a Third Party Service, and we accept no responsibility for them, or for any loss or damage that may arise from your use of them. If you decide to access any of Third Party Service(s) that may be accessible or linked to from the Services, or if you purchase products or services from any such Third Party Services, you do so solely at your own risk and you are subject to each such Third Party Service’s terms of use and privacy policy, for each such Third Party Service that you use.

User Contributions

The Services may contain features or functionalities including, but not limited to, comment sections, profiles, forums, videos, and other interactive features that allow users to post, submit, publish, display or transmit to other users of the Services or other users of Third Party Services (hereinafter, “post”) certain content or materials (collectively, “User Contribution(s)”) via the Services.  By posting any User Contribution via the Services, you grant the Company Parties the irrevocable, worldwide, perpetual, transferable, sub-licensable, fully paid up and royalty-free right to use, reproduce, modify, translate, create derivative works of, perform, display, distribute, transmit, broadcast, exploit and otherwise disclose to third parties any such material, together with all metadata and information related thereto, in whole or in part, for any purpose, including, but not limited to, any commercial and promotional purposes, without any accounting, notification, credit, obligation,  compensation to (or consent from) you, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered.

Company does not acquire any title or ownership rights in the User Contributions that you post. After you post any User Contributions, you continue to retain any such rights that you may have in such User Contributions, subject to the rights, licenses and privileges granted to the Company Parties herein.  You represent and warrant that (a) you own or control all rights in and to the User Contributions and that you have the right to grant the license granted above to the Company Parties and (b) you will not post any content or any other material that:

  • Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or in our sole discretion, or which does not align with our mission, brand or purpose(s).
  • Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or party.
  • Violates the legal rights (including, but not limited to, the rights of publicity and privacy) of others, or contains any material that could give rise to any civil or criminal liability under Applicable Law or that otherwise may be in conflict with these Terms of Use or the Privacy Policy.
  • Promotes any illegal activity, or advocates, promotes or assists any unlawful act.
  • Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, harass, alarm or annoy any other person or party.
  • Impersonates any person or party, or misrepresents your identity or affiliation with any person or organization or is otherwise intended or likely to deceive any person.
  • Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, marketing, barter or advertising.
  • Gives the impression that they are from, are in connection with, or are endorsed by us or any other person or entity, if this is not the case.

You understand and acknowledge that you are responsible for any User Contributions you post, and that you, not Company, assume full responsibility for any and all such User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Shareable and Embeddable Content

If the Services provide features that enable you to display, embed, link to, post or otherwise share certain content, you may use these features solely as they are provided by us via the Services, and solely for the content they are displayed with, solely for your personal, non-commercial use (except as otherwise specifically permitted by these Terms of Use) in the U.S., and otherwise in accordance with any applicable Third Party Service terms (for example, a social media service’s terms, if you share or post through a social media service).  You agree not to distribute in any medium any part of the Services, including, but not limited to, any content available via the Services, without Company’s prior written authorization, unless Company makes the means for such distribution available through functionality offered by the Services (such as shareable links or features allowing you to embed certain content).  If Company permits you to embed Company’s video player on another website, application or service (“Embeddable Player”), you may use such Embeddable Player solely in the form provided by Company and you may not modify, build upon, reverse engineer or block any portion, feature(s) or functionality of the Embeddable Player, including, but not limited to, advertising or links back to the Services contained therein.  In addition, you may not sell or otherwise offer advertising, marketing, sponsorship or promotions in connection with the Services, including, but not limited to, any content or feature(s) available via the Services (including, but not limited to, the Embeddable Player). Notwithstanding anything to the contrary in these Terms of Use, Company may, from time to time and in its sole discretion, permit specific instances of our Embeddable Player to be used on commercial platform(s). Any such permitted use of our Embeddable Player on a commercial platform(s) is subject to these Terms of Use and any Additional Terms that Company may provide from time to time.  Without limiting the foregoing, you understand that Company may request, at any time and for any (or no) reason, that you remove our Embeddable Player and/or disable any of our content therein on any and all of your platform(s); and you agree to immediately comply with any such request.

Geographic Restrictions

The owner of the Services is based in the U.S. We provide the Services for use only by persons located in the U.S. We make no claims that the Services or any content or materials available via the Services is accessible or appropriate outside of the U.S.  Access to the Services may not be legal by certain persons or in certain countries.

Disclaimer of Warranties

YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED OR ACCESSED VIA THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SITE, CONTENT (EXCLUDING YOUR USER CONTRIBUTIONS), TECHNOLOGY, SOFTWARE AND/OR OTHER ITEMS OBTAINED OR ACCESSED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY COMPANY PARTY (AS DEFINED BELOW) REPRESENTS OR WARRANTS THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SITE, CONTENT, TECHNOLOGY, SOFTWARE AND/OR OTHER ITEMS OBTAINED OR ACCESSED VIA THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (INCLUDING, BUT NOT LIMITED TO, OUR SITE OR THE SERVER OR OTHER MEANS THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY INFORMATION OR CONTENT OR ANY OTHER MATERIALS OR ITEMS OBTAINED OR ACCESSED VIA THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EACH OF COMPANY AND EACH COMPANY PARTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS, PROCEDURES AND CHECKPOINTS TO SATISFY YOUR SPECIFIC REQUIREMENTS FOR ANTI-VIRUS PROTECTION, FOR ANY AND ALL ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAM(S), DEVICE(S), DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR INFORMATION, CONTENT, MATERIALS, ADVICE OR OTHER ITEMS OBTAINED OR ACCESSED VIA THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY SITE(S) OR SERVICE(S) LINKED TO THE SERVICES.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ANY COMPANY PARTY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES OR ANY SERVICES LINKED TO THE SERVICES, ANY INFORMATION, CONTENT, TECHNOLOGY, MATERIALS, OR ANY OTHER ITEM(S) OFFERED VIA THE SERVICES OR VIA SUCH OTHER SITES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  IF THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN THE COMPANY PARTIES’ LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, equity owners, related parties, advertisers, and sponsors, and each of its and their respective officers, directors, employees, contractors, agents, licensors, service providers, suppliers, parents, subsidiaries, equity owners, successors and assigns and other representatives (each, a “Company Party” and collectively, the “Company Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, the Privacy Policy or your use of the Services including, but not limited to, your User Contributions, any use of the Company Content and/or any other information, content, technology, materials, services, products and/or other items made available via the Services.  Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

Arbitration Agreement

As part of these Terms of Use, you and Company each agree as follows (the “Arbitration Agreement”):

Any claim or controversy arising out of or relating to your use of the Services (including the Site, and the arbitrability of any claim or controversy) shall be resolved by binding arbitration in accordance with the Federal Arbitration Act.  The parties waive their rights to file suit in court to assert any allegation, claim, or cause of action against the other, or to have a jury trial on any allegation, claim, or cause of action, and any right to do so (including the right to a jury trial) is hereby waived.  Notwithstanding the foregoing, you and Company retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Company retains the right to apply to a court of competent jurisdiction for provisional or conservatory relief, including pre-arbitral attachments or injunctions, and to adjudicate disputes relating to the infringement or misappropriation of intellectual property.

Any claim or controversy arising out of or relating to your use of the Services (including the Site) or this Arbitration Agreement shall be governed by the procedural and substantive laws of the State of California, without reference to choice-of-law rules and must be commenced within two (2) years after such claim or controversy arose.  The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures then in effect.  The arbitration shall be presided over by a single arbitrator in Los Angeles County, California.  In the event this venue will cause undue hardship to you, then, the discretion of the arbitrator, the arbitration will be conducted solely on the basis of documents submitted, with the parties participating through telephonic or video conference hearings, or at a location reasonably convenient to the parties in the state in which you reside at the time the arbitration is commenced, provided that it is within the continental U.S.  To the extent that any of the foregoing provisions are inconsistent with JAMS applicable standards then in effect, such JAMS rules shall apply.

Claims subject to this Arbitration Agreement may not be arbitrated on a class or representative basis and you will not be able to participate in an arbitration as a representative or member of any class of claimants pertaining to that claim.

All aspects of the arbitration and award shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision.

Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you.

The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages. As part of the award, the prevailing party shall be awarded its costs, including arbitration fees, expert witness fees, if any, and reasonable attorney’s fees.

If any portion of this Arbitration Agreement is found to be invalid, illegal or unenforceable, for any reason, that specific portion shall be severed from the rest, but such severance shall not affect the enforceability of the remainder of these Terms of Use. No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving the provision, and any such waiver shall not waive or affect any other provision of these Terms of Use.

THE FOREGOING PROVISIONS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES AND THESE DISPUTE RESOLUTION TERMS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF; PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW.  OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Class Action Waiver

Both you and Company waive the right to bring any controversy, claim or dispute ARISING OUT OF OR RELATING in any way to your use of the Services, or TO ANY purchases MADE through the SERVICES, as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.

Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Except as otherwise expressly provided herein, if any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Assignment

These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Company without restriction and without notice to you.

Entire Agreement

These Terms of Use (including, without limitation, any Additional Terms and Rules) and the Privacy Policy and any other required participation documents, constitute the sole and entire agreement between you and Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: TermsofUseQuestions@Lightworkers.com.

Thank you for visiting the Services.

Terms of Use