Terms of Service
TERMS OF SERVICE FOR SMARTBOD INCORPORATED, DBA LIONESS
Effective Date: May 1, 2017
Last Updated: May 1, 2017
Lioness is a registered trademark and trade name of SmartBod Incorporated. SmartBod Incorporated DBA/operating as Lioness is henceforth referred to as “Lioness” in these Terms of Service, unless explicitly noted otherwise.
INTRODUCTION TO TERMS OF SERVICE
SmartBod Incorporated DBA Lioness (“Lioness”) designs and builds vibrators and software that help women learn more about their own bodies. These Terms of Service (“Terms”) govern your use of our vibrators and other devices or products, our websites, including but not limited to lioness.io, Lioness software, including but not limited to the software embedded in Lioness devices, Lioness mobile applications, memberships and other Lioness services (collectively, the “Lioness Service”).
You must accept these Terms to create a Lioness account and to use the Lioness Service. If you do not have an account, you accept these Terms by visiting lioness.io or using any part of the Lioness Service. By creating a Lioness account or by using any part of the Lioness Service, you expressly represent and warrant to Lioness that you are over the age of 18 and are legally competent to enter into agreements. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT LIONESS.IO OR USE THE LIONESS SERVICE.
THESE TERMS MAY CHANGE
These Terms will change over time. Lioness reserves the right to periodically change these Terms without notice, and such changes will be effective as of the date they are posted. You are responsible for checking this page frequently for any updates or other changes. We may notify you by email, through the Lioness Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Lioness Service after a modification is posted, you are telling us that you accept the modified terms.
Lioness is the owner of the compilation of content that is posted on the Lioness Service, including all text, images, audio and video clips, design, databases, codes, and software (“Content”), but it does not necessarily own all the material within this compilation. The Content may be owned by Lioness, owned by others and used with their permission, or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.
WHO CAN USE LIONESS?
You may use the Lioness Service if you are over 18 years of age and are not barred from receiving services under applicable law. You may connect to the Lioness Service using a device that is manufactured, distributed, or sold by or on behalf of Lioness; the Lioness mobile applications; the Lioness software; approved third-party applications; or lioness.io (“Authorized Connections”). You may not connect to the Lioness Service with any device that is not manufactured, distributed, sold by or on behalf of Lioness (such as a knock-off or counterfeit version of a Lioness Product), or otherwise intends to resemble or purports to be a Lioness Product. You may not connect to the Lioness Service through any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Lioness Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact firstname.lastname@example.org.
CREATING AN ACCOUNT
Full use of the Lioness Service requires that you create an account by providing us with a valid email address and password. You are responsible for all activity that occurs in association with your account. Lioness is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Lioness Service. These communications are part of the Lioness Service and you may not opt-out from receiving them. You can opt-out from receiving other communications.
Full use of the Lioness Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Lioness Service and it is your responsibility to ensure the equipment’s functionality.
POSTING YOUR CONTENT ON THE LIONESS SERVICE
You may post photos, comments, and other content (“Your Content”) to the Lioness Service. You retain all rights to Your Content that you post to the Lioness Service. By making Your Content available on or through the Lioness Service you grant to Lioness a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, excerpt (in whole or in part), adapt, publish, publicly display, publicly perform and distribute Your Content.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Lioness Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
- Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise, or promote products or services commercially.
“Lioness Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Lioness Service to you. Except for Your Content, Lioness Content, the Lioness Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lioness Service.
WHAT YOU CAN DO ON THE LIONESS SERVICE
The Lioness Service is intended for your personal, non-commercial use.
Lioness grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Lioness Content, (2) access and use the software and mobile applications provided by the Lioness Service, and (3) use the software that is embedded into Lioness products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Lioness Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Lioness Content, Lioness Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lioness or its licensors, except for the licenses and rights expressly granted in these Terms.
THINGS YOU CANNOT DO ON THE LIONESS SERVICE
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Lioness Service: (1) use, display, mirror or frame the Lioness Service or any individual element within the Lioness Service, Lioness’s name, any Lioness trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lioness’s express written consent; (2) access or tamper with non-public areas of the Lioness Service, Lioness’s computer systems, or the technical delivery systems of Lioness’s providers; (3) test the vulnerability of any Lioness system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Lioness or any of Lioness’s providers or any other third party (including another user) to protect the Lioness Service or Lioness Content; (5) access the Lioness Service or Lioness Content through the use of any mechanism other than through the use of an Authorized Connection, Lioness Service or Lioness API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Lioness provides to you or any other part of the Lioness Service.
OUR ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the Lioness Service, Lioness Content, or Your Content or to review or edit any Lioness Content or Your Content. However, we have the right to do so for the purpose of operating the Lioness Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Lioness Service, any Lioness Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Lioness Content, Your Content, or your use of the Lioness Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Lioness Service.
Lioness respects copyright law and expects its users to do the same. Lioness does not permit copyright infringing activities and infringement of any other intellectual property rights on the Lioness Service, and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Lioness reserves the right to remove Content without prior notice. It is Lioness’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
If you are a copyright owner or an agent thereof and believe in good faith that any materials on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to Lioness’s designated copyright agent at email@example.com.
- Your name and electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed. If this notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed;
- A description of the material that you claim is infringing (or to be the subject of infringing activity) and information reasonably sufficient to permit us to locate the material;
- Information sufficient to contact you, including your mailing address, telephone number, and, if available, email 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;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
- Your full legal name and your electronic or physical signature.
If you believe that your content that has been removed from the Website does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to Lioness. To do so, send the following information to our copyright agent using the contact information set forth above.
- A description of the material that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;
- Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;
- A statement that you will consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Lioness may be found;
- A statement that you will accept service of process from the person who provided the notification of the alleged infringement; and
- Your full legal name and your electronic or physical signature.
If a counter-notice is received by Lioness’s copyright agent, Lioness may send a copy of the counter-notice to the original complaining party informing such person that Lioness may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may, at Lioness’s discretion, be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
USE THE LIONESS SERVICE AT YOUR OWN RISK
Our goal is to provide helpful and accurate information on the Lioness Service, but we make no endorsement, representation or warranty of any kind about any Lioness Content, information, services or recommendations. The accuracy of the data collected and presented through the Lioness Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Lioness Service. If you rely on any Lioness Content or the Lioness Service, you do so solely at your own risk.
CONSULT YOUR DOCTOR BEFORE USING THE LIONESS SERVICE
The Lioness Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Lioness Service or engaging in sexual activity. If you experience any medical issues, stop using the Lioness Service and consult with a medical professional. Lioness is not responsible for any health problems that may result from programs, consultations, products, or events you learn about through the Lioness Service. If you use the Lioness Service you agree that you do so at your own risk and are voluntarily participating in any related activities.
USE COMMON SENSE
Use of the Lioness Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Lioness product or service.
ADDITIONAL POLICIES APPLY TO PRODUCT ORDERS
Lioness’s Return Policy and Warranty applies to purchases made through the Lioness store at lioness.io. All orders placed are subject to Lioness’s acceptance. We may accept, decline, or place limits on your order for any reason.
FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Lioness, or obtained from sources other than you.
We are always pleased to hear from the members of the Lioness community. However, neither Lioness, nor any of its employees, may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Therefore, please do not submit any such unsolicited ideas in any form to Lioness or any of its employees. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you.
If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that the following shall apply: (i) we shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of Lioness, without any compensation to you; (iii) we may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you (collectively, the “Terms and Conditions”).
If a member of the Lioness community provides us (at our request or otherwise) a comment or suggestion regarding our products or services (including our mobile app or any of our devices) through any means, such as our Product Development web forums, help forums or via any social network, the Terms and Conditions set forth above shall also apply thereto.
CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Lioness and its partners. It is your responsibility to carefully review those terms and conditions.
YOU AGREE TO RECEIVE ALERTS AND NOTIFICATIONS
As part of your use of the Lioness Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
WE ARE NOT RESPONSIBLE FOR THIRD-PARTY LINKS ON THE LIONESS SERVICE
The Lioness Service may contain links to third party websites in addition to articles, photographs, texts, videos, and other content originating from third parties (collectively “Third-Party Services”) that is not under the control of Lioness. These links are provided for your convenience and for informational purposes only. Links to third party content do not indicate Lioness’s endorsement of, sponsorship of, or affiliation with the third party or the linked content, including any advertising that may be posted on them. However, some third parties might pay Lioness affiliate or commission income to link to their websites. Regardless of whether the third party pays Lioness to link to its website or not, third party content is not investigated, monitored, or checked for accuracy, appropriateness, completeness or legality by Lioness.
These Third-Party Services are not under Lioness’s control, and you acknowledge that Lioness is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Services. You further acknowledge and agree that Lioness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such Third-Party Services.
LIONESS DOES NOT CONTROL THIRD-PARTY SERVICES THAT YOU LINK WITH YOUR LIONESS ACCOUNT
COOKIES AND INTERNET ADVERTISING
The Lioness Website, like many others, uses small files called cookies to help us customize your experience. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device or when you have logged in. We use anonymous analytics cookies to enhance the functionality and performance of the website to provide you with a better user experience. We don't sell the information collected by the cookies.
About our anonymous analytics cookies:
Every time someone visits our website, software provided by another organization generates an 'anonymous analytics cookie'. These cookies can tell us whether or not you have visited the site before. Your browser will tell us if you have these cookies and, if you don't, we generate new ones. This allows us to track how many individual users we have, and how often they visit the site. We cannot use these cookies to identify individuals. We use them to gather statistics, for example, the number of visits to a page.
To opt out of cookies:
Cookie settings in Internet Explorer
Cookie settings in Firefox
Cookie settings in Chrome
Cookie settings in Safari web and iOS.
If you would like to find out more about cookies and their use on the Internet, you may find the following links useful:
Microsoft Cookies guide
All About Cookies
CHANGES TO THE LIONESS SERVICE
Lioness may change or discontinue, temporarily or permanently, any feature or component of the Lioness Service at any time without notice. Lioness is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Lioness Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Lioness products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Lioness Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Lioness Service; Lioness’s Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
The Lioness Service may be periodically unavailable for maintenance or other reasons. Lioness shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of any Content made available via the Lioness Service.
ALL USE OF THE LIONESS SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LIONESS SERVICE AND LIONESS CONTENT ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. LIONESS HAS NO CONTROL OVER AND DOES NOT PRE-SCREEN THE CONTENT PUBLISHED BY USERS AND IT IS NOT DIRECTLY INVOLVED IN TRANSACTIONS BETWEEN USERS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LIONESS DOES NOT WARRANT THAT THE INFORMATION ON THE LIONESS SERVICE IS ACCURATE, RELIABLE, OR CORRECT, OR THAT THE LIONESS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIONESS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. LIONESS DOES NOT GUARANTEE THE TRUE IDENTITY OF A USER. We make no warranty that the Lioness Service or Lioness Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, title, safety, completeness or reliability of the Lioness Service or any Lioness Content. You acknowledge and agree that if you rely on any Lioness Content or the Lioness Service, you do so solely at your own risk.
LIMITATION OF LIABILITY
NEITHER LIONESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LIONESS SERVICE WILL BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LIONESS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIONESS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE LIONESS SERVICE IS TERMINATION AND DISCONTINUATION OF YOUR USE OF THE LIONESS SERVICE. IN NO EVENT WILL LIONESS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LIONESS SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO LIONESS FOR USE OF THE LIONESS SERVICE.
LIONESS WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY USER ON INFORMATION OR ADVICE PROVIDED BY ANY THIRD PARTY LISTED ON THE LIONESS SERVICE OR OTHER SOCIAL MEDIA SITES, RECOMMENDED BY LIONESS, OR AFFILIATED WITH LIONESS IN ANY WAY.
LIONESS DOES NOT CONTROL OR VERIFY THE QUALITY, RELEVANCE OR ACCURACY OF SUCH THIRD PARTIES’ ADVICE, WHETHER THE THIRD PARTY IS QUALIFIED TO PROVIDE THE SPECIFIC ADVICE, WHETHER THE THIRD PARTY IS CATEGORIZED CORRECTLY OR IN THE MOST APPROPRIATE CATEGORY TO PROVIDE THE ADVICE SOUGHT BY THE USER, THE ACCURACY OF ANY POSTINGS ON THE LIONESS SERVICE OR ANY TRANSMISSIONS THROUGH THE LIONESS SERVICE BY THE USER OR BY A THIRD PARTY.
THE USER HEREBY RELEASES AND AGREES TO HOLD HARMLESS LIONESS, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, ADVISORS, CONSULTANTS AND ASSIGNS FROM ANY AND ALL CAUSES OF ACTION, CLAIMS OF ANY NATURE AND DAMAGES RESULTING FROM THE ADVICE OF THIRD PARTIES ACCESSED THROUGH THE LIONESS SERVICE OR FROM THE CONTENT OF THE LIONESS SERVICE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIONESS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Lioness and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Lioness Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If any term, provision, covenant, or condition of these Terms is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms had been executed with the invalid portion eliminated.
LAWS GOVERNING TERMS OF SERVICE
The laws of the State of California govern these Terms and any amendments or revisions, excluding the relevant laws governing Conflicts of Law. Any complaint, case, controversy, suit, action, or other proceeding arising out of or relating to these Terms shall be brought in a state or federal court located in Alameda County California.
Lioness makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. Access to this Website from countries or territories where such access is illegal is prohibited. If you choose to access this Website outside the United States, you do so on your own initiative and are solely responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Lioness and you regarding the Lioness Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lioness and you regarding the Lioness Service and Lioness Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lioness’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Lioness may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Lioness under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Lioness Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Lioness’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lioness. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
2001 Addison Street, Suite 300
Berkeley, CA 94704