Last Updated: June 19, 2012
We provide visitors to our Site ("Users") with the opportunity to post, make available for sale and sell high-quality, tangible reproductions of images ("User Images") which they have previously posted on Instagram ("Reproductions") and to browse and buy Reproductions offered for sale by others. The substrates onto which Reproductions are printed may include, but are in no way limited to, t-shirts, tank tops, tote bags, etc., as we may approve and introduce from time to time, in our sole discretion.
Neither this Site nor Rnddr Labs is affiliated in any way with Burbn, Inc. or Instagram
MERCHANTS, MERCHANT OFFERS, DISCOUNT CERTIFICATES, ETC..
Users who offer for sale and/or sell Reproduction(s) through the Site shall be designated and deemed "Merchants" for such purposes, subject to all provisions of these Terms applicable to Merchants generally. Company may also from time to time allow third party vendors to advertise their products and/or services via the Site, and such third party vendors shall also be designated and deemed "Merchants," subject to all provisions of these Terms applicable to Merchants generally. All offers made by Users for sale of Reproductions, and all offers made by third party vendors for sale of other goods and services, shall constitute and be deemed "Merchant Offers." Merchant Offers sometimes may take the form of printable certificates redeemable by issuing Merchants and having a face value greater than the amount paid ("Discount Certificates"). Merchant Offers may require that certain conditions be met in order for any bids made to be accepted, including without limitation requirements that a minimum number of consumer bids be made within a specified time, as well as other restrictions stated in a particular Merchant Offer (for example, a Merchant may limit the time during which a Discount Certificate may be redeemed, where such limitation is not prohibited by law). By submitting a bid or otherwise agreeing to purchase a Merchant Offer, you are entering into a binding agreement with that Merchant. Company is not responsible for any aspect of any Merchant Offers, Discount Certificates or underlying products or services, and operates this aspect of the Site solely as a conduit whereby Merchants can display their Merchant Offers to you and other Users.
Any opinions, advice, statements, advertisements or other information or content expressed or made available on or through the Site, including without limitation Merchant Offers, Discount Certificates, etc. (collectively, "Site Content"), are solely those of their respective author(s), and Company hereby expressly disclaims all responsibility and liability regarding all such Site Content. It is the responsibility of each User to evaluate the accuracy, completeness and utility of all Site Content.
1. LICENSE AND ACCESS TO SITE
Company grants you a limited, noncommercial, nonexclusive, nontransferable license to access and make personal use of the Site, but not to download (other than page caching incidental to browser viewing) or modify it, or any portion of it, except with express written consent of Company.
2. REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Site, you represent and agree that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 13 years of age - minors under thirteen (13) years of age are not permitted to use the Site; and (iii) will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. In creating an account to use the Site, you must: (x) complete the registration process by providing true, accurate and complete information requested on the registration form ("Registration Data"); (y) maintain the accuracy of the Registration Data; and (z) provide a user name and password. You are entirely responsible for the confidentiality and use of your user name and password. You may not use the account, username, or password of someone else at any time. You are responsible for all electronic transactions and communications, including without limitation bids/orders to purchase Merchant Offers/Discount Certificates, account registration and other account holder information, email, financial and other content ("Electronic Communications") entered through or under your user name and password. Company will presume and act as though any Electronic Communications it receives under your user name and password have been authorized by you, and you agree that such presumption shall be conclusive. You agree to notify Company immediately upon learning of any unauthorized use of your account, user name, or password.
3. ACCURACY; AVAILABILITY; PRICING; ORDER PROCESSING
Company strives for the Site to be as accurate as possible. However, Company does not represent or warrant that Merchant Offers, Discount Certificates or any other content on the Site will be accurate, complete, reliable, current, or error-free. By way of example only, and not of limitation: (i) Merchant Offers may turn out to be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site; (ii) a Merchant may require a minimum order quantity for a particular Merchant Offer before the Merchant will approve any User to purchase said Merchant Offer and receive a Discount Certificate therefor; and (iii) a Merchant may also indicate a maximum order quantity for a particular Merchant Offer, in which case the number of Merchant Offers sold and Discount Certificates issued will be so limited. We may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order for a Merchant Offer, or our confirmation of an offer to sell a Merchant Offer. We reserve the right, without prior notice, to limit the order quantity on any Merchant Offer, and/or to refuse service to any User, for any reason. We also may require verification of information prior to the sale of any Merchant Offer and issuance of its corresponding Discount Certificate to a particular User. Despite our best efforts, a small number of the Merchant Offers on our Site may be mispriced. If a Merchant Offer's correct price is higher than the price stated on the Site, we will not be in any way responsible for such mispricing, provided however that we may (but need not, in our sole discretion) either contact you for instructions before processing your order, or cancel your order and notify you of such cancellation. It is your responsibility to be cognizant of and obey all applicable local, state, federal and international laws (including minimum age requirements) in connection with any Merchant Offer purchased through the Site. By placing an order, you represent that the Merchant Offer ordered is not illegal in your jurisdiction, and will be used only in a lawful manner.
4. PAYMENT TERMS; INTEREST; ORDERS
Terms of payment are within Company's sole discretion, and unless otherwise agreed by Company, payment must be received by Company prior to Merchant acceptance of an order. Payment for orders for Merchant Offers will be accepted only from sources approved by Company from time to time, which currently include PayPal, Visa, Mastercard, Discover, and American Express. Your order is subject to cancellation by Company at any time, at Company's sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due may be subject to a finance charge of up to one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, on the unpaid balance due. You shall also be responsible for any expenses and/or fees (including but not limited to attorneys' fees), incurred by Company in collecting past due amounts from you.
5. SELLER OF RECORD; DEFECT
The Merchant making a particular Merchant Offer is the seller of record for fulfillment of all products and services regarding that Merchant Offer, and for all related Discount Certificates (if any). In no way shall you consider Company an agent, distributor or reseller of any Merchant Offer, Discount Certificate, or any underlying products or services. YOUR SOLE RECOURSE REGARDING ISSUES OR PROBLEMS WITH A MERCHANT OFFER OR DISCOUNT CERTIFICATE, DEFECTS IN A MERCHANT OFFER OR DISCOUNT CERTIFICATE, OR ANY BREACH OF WARRANTY CLAIMS SHALL BE DIRECTED TO THE MERCHANT ITSELF.
Applicable taxes may be charged to you by or on behalf of a Merchant, in which case they will be added to the listed price of the product or service in calculating your final payment due at the time of purchase.
8. USE RESTRICTIONS
Company imposes certain restrictions on your permissible use of the Site. You represent and agree that you will not:
(i) assign; sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;
(ii) violate or attempt to violate any security feature of the Site;
(iii) access or attempt to access any content, data, programs or other Company systems not intended for you, or log onto a server or account that you are not expressly authorized to access;
(iv) attempt to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization;
(v) damage, disable, overburden or impair the Site or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means otting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
(vi) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the hidden scripting or source code used by Company in providing the Site;
(vii) attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Site;
(viii) frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases, Company IP (as defined below) or other lists, products or services provided through or obtained through the Site, or engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the Site;
(ix) use any meta tags or any other "hidden text" utilizing Company IP (as defined below) without the express written consent of Company;
(x) engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;
(xi) harm minors in any way or solicit personal information from or about a minor;
(xii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xiii) send email messages, post to any forum, or otherwise use the Site in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy or defamation);
(xiv) send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme; and
(xv) upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate to the mores of the Site community, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to inside information regarding publicly traded companies, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, etc.); (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (e) infringe any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to the Site, provided that (i) the links do not portray Site users, Company, its Merchants, or its or their products or services in a false, misleading, derogatory, or otherwise offensive manner; and (ii) except as provided herein, you may not use any ComCompany and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any User Content contained on the Site at any time for any reason with or without notice. Always use caution when posting any personally identifying information about yourself, your children or other individuals on the Site.
YOU UNDERSTAND THAT WHEN USING THE SITE, YOU MAY BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, UTILITY, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SITE. You hereby waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. USER SUBMISSIONS
Any comments, feedback, suggestions and ideas disclosed, submitted or offered to Company in connection with your use of the Site (collectively "Submissions") shall be owned exclusively by Company. You agree that Company shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.
11. THIRD PARTY SERVICES AND SITES
The Site may provide links or other access to Third Party websites or resources. Your business dealings with any Third Party found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. Company makes no endorsement or guarantee about any Third Party Content, or goods or services provided by such Third Party. Company shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of or access to such Third Party or Third Party Content on or through the Site; (ii) any insufficiency of or problems with any such Third Party's background, insurance, credit or licensing; or (iii) the quality of services performed or products offered by any such third party or any other legal liability arising out of or related to the performance of such services or offer or provision of such products. In the event that you have a dispute with any such Third Party, you release Company, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided herein to the contrary, these Terms govern your access to and use of any and all Third Party Content accessed via the Site. You hereby waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
12. STORAGE AND ACCESS
Company may, in its sole discretion: (i) limit the duration and frequency of your access to the Site; and (ii) the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from or through the Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software, technology components and contents of the Site are copyright © 2012 Rnddr Labs or its licensors. All rights reserved. You agree that as between the parties, Company is the exclusive owner of the Site and all constituent parts, including without limitation, all software code, all audio, photographs, videos and any other content on the Site (excluding User Content), HTML scripts, the uniform resource locators (URL's) for the Site, the organization and layout of the Site, all Company trademarks (including without limitation Insteegram™ and any associated logo(s)), trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the "Company IP"). Any goodwill attached to, or generated by, such Company IP is owned exclusively by Company, or its licensors, and shall inure solely to the benefit of Company, or its licensors. Nothing contained herein or on the Site should be understood as granting you any right or license to any of the Company IP, except as expressly granted herein. All rights not expressly granted herein are reserved by Company, or its licensors. Company, or its licensors, retains full and complete title to the Company IP. You shall not: (i) use or copy the Company IP in any manner not specifically set forth herein; (ii) include Company IP in your corporate name, within a domain name or within any part of URL's; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to Company IP; (iv) have or purport to have any claim of ownership in the Company IP; (v) sell, redistribute, transfer, sublicense or reproduce the Company IP, or (vi) decompile, reverse-engineer, disassemble, or otherwise convert any of the Company IP to a human-perceivable form. These Terms do not limit any rights that Company may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any Merchant Offer, Discount Certificate, advertisements or other information that may have been presented to you through the Site or its Merchants or other advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, MERCHANT OFFERS, DISCOUNT CERTIFICATES AND OTHER INFORMATION AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SITE, MERCHANT OFFERS, DISCOUNT CERTIFICATES AND OTHER INFORMATION ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES OR ENDORSEMENTS OF ANY MERCHANTS OR THEIR RESPECTIVE MERCHANT OFFERS OR DISCOUNT CERTIFICATES, AND IS ACTING SOLELY AS A CONDUIT FOR MAKING MERCHANT OFFERS AVAILABLE TO USERS FOR POSSIBLE PURCHASE. COMPANY FURTHER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU THROUGH PURCHASED DISCOUNT CERTIFICATES. YOUR PURCHASE AND USE THE MERCHANT OFFERS, DISCOUNT CERTIFICATES AND UNDERLYING PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK.
THE MERCHANT OFFERS, DISCOUNT CERTIFICATES AND OTHER INFORMATION CONTAINED AND/OR MADE AVAILABLE ON OR THROUGH THE SITE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS.FORMATION AVAILABLE ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINIONS, ADVICE, STATEMENTS OR OTHER SITE CONTENT PROVIDED BY USERS OR OTHER THIRD PARTIES. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ITS USER'S RELIANCE ON THIRD PARTY CONTENT OR OTHER INFORMATION AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE, OR TO OTHER WEBSITE(S) YOU MAY ACCESS THROUGH THE SITE, CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) ANY INFORMATION, MERCHANT OFFERS OR DISCOUNT CERTIFICATES, OR UNDERLYING PRODUCTS AND/OR SERVICES, PURCHASED OR OTHERWISE OBTAINED THROUGH OR FROM THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ERROR OR INADEQUACY OF ANY INFORMATION, MERCHANT OFFERS OR DISCOUNT CERTIFICATES PURCHASED OR OTHERWISE OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (VI) ANY CLAIM OF DEFECT, FAILURE, OR OTHER INADEQUACY OF ANY INFORMATION, MERCHANT OFFERS OR DISCOUNT CERTIFICATES PURCHASED OR OTHERWISE OBTAINED THROUGH OR FROM THE SITE; (VII) INJURY TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SITE; (VIII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (X) ANY BUGS, VIRUSES, TROJAN HORSES, SPYWARE, ADWARE OR OTHER ACTUALLY OR POTENTIALLY HARMFUL CODE, WHICH MAY BE TRANSMITTED TO, FROM OR THROUGH THE SITE; AND/OR (XI) ANY OTHER MATTER RELATING TO THE SITE, THE MERCHANT OFFERS AND/OR THE DISCOUNT CERTIFICATES.
IN NO EVENT SHALL COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF YOUR ACCOUNT OR OF YOUR ACCESS TO THE SITE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION (LIMITATION OF LIABILITY) HAS MATERIALLY INDUCED COMPANY TO PERMIT YOU ACCESS TO THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY'S any proprietary right and invasion of any privacy or similar rights. For avoidance of doubt, and without limitation, this Section (Indemnity) will survive the expiration or earlier termination of your account, your access to the Site, and/or these Terms, for any reason.
19. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site User who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Company's designated agent at:
Attn: Legal Counsel / Copyright Agent
Rnddr Labs / Insteegram.com
18100 Von Karman Ave #750
Irvine, California 92612
20. GENERAL INFORMATION
These Terms and any documents referenced herein constitute the entire agreement between you and Company regarding their subject matter, and govern your use of the Site (including, without limitation, all purchases made through the Site), superseding any prior agreements between you and Company (including, but not limited to, any prior versions of these Terms) with respect to the same subject matter. You also may be subject to additional terms and conditions that may apply when you purchase Merchant Offers, use affiliate or other Company services or products, third-party content or third-party software. In the event any of these Terms conflict with any other provision contained in any other agreement referenced in these Terms, these Terms shall control. Except as otherwise provided in these Terms, these Terms may only be modified in a writing signed by an authorized officer of Company.
Consent to Email Communications
You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may not assign these Terms or any rights granted herein. Company may assign or transfer these Terms or its rights or obligations hereunder without notice and without your prior approval. These Terms are for the sole benefit of the parties hereto and do not create any third-party beneficiariestate or federal courts located in Los Angeles, California. You further irrevocably consent to the service of process in any such action or proceeding by the delivery of a copy of such process to you at the address set forth in the Registration Data. The prevailing party in any claim or proceeding shall be entitled to reimbursement of court and reasonable attorneys', accountants' and experts' fees and costs. You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Company that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Company shall be entitled, without waiving any additional rights or remedies otherwise available to Company at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by You. Notwithstanding anything to the contrary, Company shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction. You are solely responsible for your interactions with other Users of the Site. Company reserves the right, but has no obligation, to monitor disputes between you and other users of the Site. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, MERCHANT OFFERS, DISCOUNT CERTIFICATES, UNDERLYING PRODUCTS AND/OR SERVICES, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY.
You agree to comply with all local laws and rules regarding online conduct and acceptable content. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. The Site is controlled and operated by Company from its offices in the State of California, in the United States of America. Company makes no representation that any of the Site (including, without limitation, any Merchant Offers and associated Discount Certificates available on or through the Site) are available or appropriate for use outside of the United States of America. If you access the Site from outside the United States of America, you do so on your own initiative and must bear all responsibility for compliance with local laws, if applicable. Your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
If any provision(s) of these Terms, including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Section Titles; Survival
The section titles in these Terms are for convenience only and have no legal or contractual effect. Sections 8 (Use Restrictions) through 20 (General Information) of these Terms, as well as any payment obligations to Company, shall survive any termination of your account, your access to the Site, or these Terms.
These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.