Terms of Use
Lewis Likes It Terms of Use
PLEASE READ THE TERMS OF USE BELOW. THESE TERMS OF USE (AS REVISED AND POSTED ON THE SITE (AS DEFINED BELOW) FROM TIME TO TIME, THIS “AGREEMENT”), STATE THE TERMS AND CONDITIONS UNDER WHICH “LIT BULB PRODUCTIONS” (AS DEFINED BELOW) PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING WEB SITE: LEWIS LIKES IT (THE “SITE”). ALL SERVICES PROVIDED BY RTST ON THE SITE ARE COLLECTIVELY REFERRED TO AS “LEWIS LIKES IT SERVICES”. BY ACCESSING, BROWSING AND/OR USING THE SITE AND/OR LEWIS LIKES IT SERVICES, YOU ARE DEEMED TO ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE OR ANY OF LEWIS LIKES IT SERVICES.
Ownership of the Site and Protection of Our Intellectual Property Rights
The content of the Site is intended for the personal, noncommercial use of our users. The Site is a website of LIT BULB PRODUCTIONS, LLC. (“LIT BULB PRODUCTIONS”). All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of LIT BULB PRODUCTIONS, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by LIT BULB PRODUCTIONS, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any content (including without limitation any software) available through the Site.
Changes To This Agreement
LIT BULB PRODUCTIONS may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the Site. Your continued use of any of portion the Site following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use.
Our Privacy Policy
The information that we obtain through your use of any portion of the Site, whether through the registration process or otherwise, is subject to the privacy policy posted on the Site (“Privacy Policy”). The LIT BULB PRODUCTIONS privacy policy is accessible through the Lewis Likes It website. The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.
Other Policies
Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on the Site from time to time.
Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store, for personal use only, content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Lewis Likes It Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of LIT BULB PRODUCTIONS or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Lewis Likes It Services in any manner or form, or to use modified versions of the Lewis Likes It Services, including (without limitation) for the purpose of obtaining unauthorized access to the Lewis Likes It Services or portions of the Lewis Likes It Services. You agree not to access the Lewis Likes It Services by any means other than through the interface that is provided by LIT BULB PRODUCTIONS for use in accessing the Lewis likes It Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of LIT BULB PRODUCTIONS’ content or under any third party’s content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Site via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use the Lewis Likes It Services for engaging in spam or other unauthorized conduct.
Submissions
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to LIT BULB PRODUCTIONS through the Lewis Likes It Services (each, a “Submission”) shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission, you hereby grant LIT BULB PRODUCTIONS and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the Lewis Likes It Services and the Site a non-exclusive license to access your Submission through the Site and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by LIT BULB PRODUCTIONS on the Site and/or in this Agreement.
Any Submission will be deemed public information and not subject to any confidentiality obligation and LIT BULB PRODUCTIONS shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, LIT BULB PRODUCTIONS’ Privacy Policy shall govern LIT BULB PRODUCTIONS use of such information.
By making a Submission, you waive the right to make any claim against LIT BULB PRODUCTIONS or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for LIT BULB PRODUCTIONS or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the Lewis Likes It Services in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize LIT BULB PRODUCTIONS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
Participation Disclaimer
LIT BULB PRODUCTIONS does not and cannot review all Submissions posted to or created by users accessing the Lewis Likes It Services, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Lewis Likes It Services, LIT BULB PRODUCTIONS is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. LIT BULB PRODUCTIONS and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate content. LIT BULB PRODUCTIONS and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, LIT BULB PRODUCTIONS reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to LIT BULB PRODUCTIONS in its sole discretion.
You agree not to use the Site to:
•. Post any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
•. Harm or threaten to harm users in any way;
•. “Stalk” or otherwise harass any other person or entity;
•. Impersonate any person or entity (including a LIT BULB PRODUCTIONS agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
•. Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by LIT BULB PRODUCTIONS for such purpose;
•. Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
•. Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
•. Violate any law (whether local, state, national, or international), whether or not intentionally;
•. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission;
•. Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
•. Interfere with or disrupt the Lewis Likes It Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
•. Collect or store personal data about other users;
•. Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
•. Post any material that contains 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.
Site with Registration
The Site may enable users to register to obtain certain of the Lewis Likes It Services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the LIT BULB PRODUCTIONS registration form (the “Registration Information”) and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of the Lewis Likes It Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or LIT BULB PRODUCTIONS has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, LIT BULB PRODUCTIONS has the right to suspend or terminate your access and refuse you any and all use of the Site.
Passwords and Security
Access to certain of the Daily Beast Services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify LIT BULB PRODUCTIONS immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. LIT BULB PRODUCTIONS cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A central part of the Lewis Likes It Services includes links to other World Wide Web sites or resources. Because LIT BULB PRODUCTIONS has no control over such sites and resources, you acknowledge and agree that LIT BULB PRODUCTIONS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LIT BULB PRODUCTIONS shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which LIT BULB PRODUCTIONS has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Except as otherwise expressly agreed by LIT BULB PRODUCTIONS, your dealings with advertisers and third party vendors found on or through the Lewis Likes It Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between the third party and you. LIT BULB PRODUCTIONS does not make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties, and you agree that LIT BULB PRODUCTIONS will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on such content, goods, services, information, other materials or web sites available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which LIT BULB PRODUCTIONS has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To The Daily Beast Services
LIT BULB PRODUCTIONS reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Lewis Likes It Services (or any part thereof) with or without notice for any reason. You agree that LIT BULB PRODUCTIONS will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Lewis Likes It Services.
Termination of Your Access to the Daily Beast Services
You agree that LIT BULB PRODUCTIONS, in its sole discretion, may terminate your access to any of the Lewis Likes It Services, and/or remove, discard or modify any Submission or content within the Lewis Likes It Services, for any reason, including, without limitation, for lack of use or if LIT BULB PRODUCTIONS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Lewis Likes It Services may be effected without prior notice, and acknowledge and agree that LIT BULB PRODUCTIONS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Lewis Likes It Services. If you use the Site in violation of this Agreement, LIT BULB PRODUCTIONS may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that LIT BULB PRODUCTIONS shall not be liable to you or any third party for the discontinuation or termination of your access to the Lewis Likes It Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING LEWIS LIKES IT SERVICES YOU UNDERSTAND AND AGREE THAT:
•. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. LIT BULB PRODUCTIONS AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
•. YOUR USE OF LEWIS LIKES IT SERVICES IS AT YOUR SOLE RISK. LEWIS LIKES IT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIT BULB PRODUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
•. LIT BULB PRODUCTIONS MAKES NO REPRESENTATION OR WARRANTY THAT LEWIS LIKES IT SERVICES WILL MEET YOUR REQUIREMENTS, THAT LEWIS LIKES IT SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LEWIS LIKES IT SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH LEWIS LIKES IT SERVICES WILL MEET YOUR NEEDS.
•. ANY MATERIAL OBTAINED THROUGH THE USE OF LEWIS LIKES IT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
•. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM LEWIS LIKES IT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT LIT BULB PRODUCTIONS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, LEWIS LIKES IT SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR LEWIS LIKES IT SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL LIT BULB PRODUCTIONS’ DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of LIT BULB PRODUCTIONS
You agree to defend, indemnify and hold LIT BULB PRODUCTIONS, its subsidiaries and affiliates, and its and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) Submission or other content you submit or that is submitted from your account, (b) your use of or reliance on Lewis Likes It Services, (c) your connection to the Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices below.
All contents of this Website are: Copyright (c) 2009 LIT BULB PRODUCTIONS, LLC. All rights reserved. The LIT BULB PRODUCTIONS, LLC. and Lewis Likes It logos, product and service names, service marks and trademarks that appear throughout the Lewis Likes It website belong to LIT BULB PRODUCTIONS, LLC. and are protected by U.S. and international trademark laws (the “LIT BULB PRODUCTIONS Marks”).
The Use of the LIT BULB PRODUCTIONS Marks
You agree not to display or use the LIT BULB PRODUCTIONS Marks in any manner without LIT BULB PRODUCTIONS, LLC’s prior written permission. To seek permission to use any of the LIT BULB PRODUCTIONS Marks, please contact LIT BULB PRODUCTIONS, LLC. in writing at the following address:
LIT BULB PRODUCTIONS, LLC.
PO Box 38085
Los Angeles, CA 90038
Attention: Legal Department
Copyrights and Copyright Agent
LIT BULB PRODUCTIONS, LLC. asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (the “DMCA”), LIT BULB PRODUCTIONS, LLC. has designated an agent to receive Notifications of Claimed Copyright Infringement on its site, who can be reached as follows:
By email at legal [at] lewislikesit.com, or
LIT BULB PRODUCTIONS, LLC.
Attention: Copyright Agent
PO Box 38085
Los Angeles, CA 90038
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide LIT BULB PRODUCTIONS, LLC. copyright agent the following as a Notification of Claimed Copyright Infringement (a “Notification”):
•. Your address, telephone number, and email address
•. A specific description of the copyrighted work that you claim has been infringed;
•. A specific description of where the material that you claim is infringing is located on Lewis Likes It;
•. The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
•. The following statement: “The information in the notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
•. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Pursuant to the DMCA, once we receive a properly prepared Notification asserting copyright infringement, we may remove the allegedly infringing material until we receive a properly prepared Counter-Notification (as defined below).
If a Notification has been filed with us against you, LIT BULB PRODUCTIONS, LLC. will advise you of that fact.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide LIT BULB PRODUCTIONS, LLC’s copyright agent with the following information in writing pursuant to the DMCA (the “Counter Notification”):
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that the you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned notice requirements in writing, your notice may not be valid and that LIT BULB PRODUCTIONS, LLC. may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
You may want to seek independent legal counsel before filing a Notification or Counter-Notification.
No Other Agreements Between Us
With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and LIT BULB PRODUCTIONS for governing your use of the Site and the Lewis Likes It Services and supersedes any prior agreements between you and LIT BULB PRODUCTIONS for that purpose, including any membership agreements or other similar agreements applying to the Site or Lewis Likes It Services.
Law Applicable to Interpretations and Disputes
This Agreement and the legal relations thus created between LIT BULB PRODUCTIONS and you (including, without limitation, any dispute between LIT BULB PRODUCTIONS and you arising out of or related to this Agreement) shall be governed by and construed under and in accordance with the internal laws of the State of California without reference to its principles of conflicts of laws. Any such dispute will be heard and determined at LIT BULB PRODUCTIONS’s discretion in the appropriate federal court located in the State of California in the County of Los Angeles or the appropriate California state court located in the County of Los Angeles, and you submit yourself and your property to the non-exclusive jurisdiction of the foregoing courts with respect to such disputes. You acknowledge that LIT BULB PRODUCTIONS is headquartered in Los Angeles and for that and other reasons this Agreement and the undertakings of the parties hereunder bear a reasonable relation to the State of California. You (i) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the courts referred to above on the grounds of inconvenient forum or otherwise as regards any dispute between LIT BULB PRODUCTIONS and you arising out of or related to this Agreement, (ii) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the laying of venue in the courts referred to above as regards any dispute between LIT BULB PRODUCTIONS and you arising out of or related to this Agreement and (iii) agree that a judgment or order of any court referred to above in connection with any dispute between LIT BULB PRODUCTIONS and you arising out of or related to this Agreement is conclusive and binding on you and may be enforced against you in the courts of any other jurisdiction.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against LIT BULB PRODUCTIONS
You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by LIT BULB PRODUCTIONS to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Contact Information
If you have any questions or concerns with respect to this Agreement or the Site, you may contact a representative of LIT BULB PRODUCTIONS at termsofservice [at] lewislikesit.com or by mail at:
LIT BULB PRODUCTIONS, LLC., PO Box 38085, Los Angeles, CA 90038 Attention: Legal Department
Effective date: October 8, 2009.
