By accessing, installing, browsing, using or subscribing to, or registering for the LA Service (including any content created, uploaded, downloaded, copied, published, and propagated during the use of the LA Service), you acknowledge that you have read, understood, and agree to be bound by these Terms. If at any time you do not agree to these Terms, please terminate your use of the LA Service.
Although LA Service is always striving to improve itself, it is not perfect. While LFF make reasonable efforts to ensure the information provided is accurate, LFF cannot ensure the accuracy, completeness and reliability of any and all information, data or content on the Service. Therefore, you agree and understand that during your use of LA Services, no content feedback can be used as any basis for any civil or commercial activities performed by You and/or others, otherwise all risks that may arise from such activities and all responsibilities shall be borne by you, not by LA.
Any use by User of any of LA Materials other than for private use is prohibited.
You will not use the LA Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the LA Service. You will not take any action that imposes an unreasonable or disproportionately large load on LA’s infrastructure. You will not intentionally interfere with or damage the operation of the LA Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the LA Service, features that prevent or restrict the use or copying of any content accessible through the LA Service, or features that enforce limitations on the use of the LA Service. You will not attempt to gain unauthorized access to the LA Service, or any part of it, other accounts, computer systems or networks connected to the LA Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the LA Service or any activities conducted on the LA Service. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the LA Service. You agree neither to modify the LA Service in any manner or form, nor to use modified versions of the LA Service, including (without limitation) for the purpose of obtaining unauthorized access to the LA Service.
LA Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the LA Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the LA Service. You will not utilize framing techniques to enclose any trademark, logo, or other LA Materials without our express written consent. You will not use any meta tags or any other “hidden text” utilizing LA’s name or trademarks without our express written consent.
You will not deep-link to the LA Service and will promptly remove any links that LA finds objectionable in its sole discretion. You will not use any LA logos, graphics, or trademarks as part of the link without our express written consent.
You will not send junk mail to other users of the LA Service, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Prohibited Content. You shall not use the LA Service to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
License to Your Content. You hereby grant LA a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the LA Services (collectively, “Your Content”), in any format or medium now known or later developed for any purpose. LA can use Your Content in the App and in LA’s other products or services, and can transfer the license or authorization of using such information and content to its related companies and cooperation partners with no need to obtain your consent again. LA reserves the right to display advertisements and sponsorships in connection with Your Content.
LA has the right to remove, at its sole discretion and without notice to you, Your Content if it infringes others’ rights and interests. LA has the right to suspend or terminate access to the LA Service to any user who uses the LA Service in violation of copyright law or other intellectual property law. All liabilities for damage for any claim for rights raised by the said third party shall be assumed by you, not by LA, and you shall compensate for all losses and damages LA incurs arising therefrom, including but not limited to economic losses and business losses.
Representation and Warranty. You represent, warrant and covenant that at all times: (i) the Your Content does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for your use of the Your Content in connection with the LA Services and LA’s use of the Your Content pursuant to Section 8(b).
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LA Service are solely between you and such advertiser. You agree that LA will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the LA Service.
LA may make changes to or discontinue any of the content or services available on the LA Service at any time, and without notice. The content or services on the LA Service may be out of date, and LA makes no commitment to update these materials.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL LA’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF LA SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN LA AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE LA SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE LA SERVICE.
a. Disputes. For all disputes arising out of or relating in any way to the LA Service, you must first send a written description of your claim to LA LLC to allow us an opportunity to resolve the dispute. You and LA LLC each agree to negotiate your claim in good faith. If we still cannot resolve the dispute you may request arbitration if your claim or dispute cannot be resolved within 60 days. Please read this section carefully. It affects your legal rights. It provides for resolution of disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of the Terms.
b. Governing Law. By using the LA Service, you agree that the statutes and laws of the United States without regard to conflicts of laws principles, will apply to all matters relating to use of the LA Service. If we are unable to commence arbitration, you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in New York, NY and shall be subject to the laws of New York without giving effect to any principles of conflicts of law.
c. Arbitration Procedures.
The parties agree that the arbitrator(s) shall have the authority to issue interim orders for provisional relief, including, but not limited to, orders for injunctive relief, attachment or other provisional remedy, as necessary to protect either party’s name, proprietary information, trade secrets, know-how or any other proprietary right. The parties agree that any interim order of the arbitrator(s) for any injunctive or other preliminary relief shall be enforceable in any court of competent jurisdiction. In addition, nothing in the Terms shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party’s name or proprietary rights. Nothing in this Section shall be construed as preventing any party from seeking conservatory or interim relief from any court of competent jurisdiction, including without limitation to protect either party’s name, proprietary information, trade secrets, know-how or any other proprietary rights.
Miscellaneous.
a. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
b. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
c. Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LA without restriction.
d. Survival. Sections 4, 6, 8(b), 10, 11, 13, 16, 17, 18, 19 and 20 will survive any termination of these Terms.
e. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
f. Entire Agreement. These Terms are the entire agreement between you and LA relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by LA as set forth in Section 4.
g. CLAIMS. YOU AND LA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LA SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
h. End-User Terms Required by Apple. If you have downloaded the LA Services mobile application (the “App”) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and LA only, not with Apple, and Apple is not responsible for the LA Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
i. Queries. You may contact us at the address below with any questions, complaints or claims regarding the LA Services:
LANG AI, LLC
8 THE GREEN, STE A, DOVER, DELAWARE, United States
Email: support@langaiapp.com
j. DMCA/Copyright. If you believe that anything on the LA Services infringes a copyright that you own or control, you may file a notice with our designated agent:
LANG AI, LLC
Email: support@langaiapp.com
If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: (i) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identify the copyrighted work claimed to have been infringed; (iii) identify 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 let us locate the material; (iv) provide your contact information, including your address, telephone number, and an email address; (v) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) provide 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 copyright owner.