Terms of Use


Thank you for visiting the Launchora.com website (the “Website”). We appreciate your interest in our Website and encourage you to take advantage of the services and information we provide. While you are visiting the Website, we ask that you abide by the following rules and agree to the following terms. If you visit or use the Website, then you are agreeing to these rules and terms (the “Terms of Use”):

Additional Terms. Your use of certain sections of the Website may be subject to other posted terms and conditions that govern your use of that section and the specific services, features, or transactions available in that section, all of which are hereby incorporated into these Terms of Use. If there is conflict between these Terms of Use and the terms posted for a specific service, feature, or transaction offered on the Website, unless otherwise stated in these Terms of Use, the latter terms shall control regarding that specific service, feature, or transaction.

Changes to Terms of Use. We may change these Terms of Use from time to time by posting such changes on the Website. We will post a notice indicating that these Terms of Use have been changed [and include a summary of such changes] on the Website for a one-week period following any material changes to these Terms of Use. If you are returning to the Website after a period of more than one week, it is your responsibility to review these Terms of Use upon your return to review any changes.

Proprietary Rights. Excluding User Submissions (defined below), Launchora owns all right, title, and interest in the Website and all software, data and content therein (including all audio files, images, artwork, text, graphics, logos, audiovisual materials, and similar items,) and all intellectual property and proprietary rights in the foregoing.

License to User Submissions. You may submit content (including audio files, images, artwork, text, graphics, logos, audiovisual materials, and similar items, collectively “Works”) for use and display on the Website (“User Submission”). You grant Launchora a non-exclusive, worldwide, perpetual, royalty-free, fully paid-up license to use, reproduce, create derivative works of, excerpt, reformat, distribute, perform, and display the User Submission (in whole or part) and to incorporate the User Submission in other works in any form, media, or technology now known or later developed (i) on the Website (including a mobile version of the website) (ii) on any application designed or developed to allow others to read your User Submission, (iii) in materials created to promote the Website and its contents, and (iv) in connection with online and offline events conducted in connection with the Website, including but not limited to an Early Launch Promotional period.

Purchases on the Website. Launchora provides authors with the tools needed to make User Submissions available for purchase via the Website. You agree to pay the specified amount for any User Submissions you purchase through the Website. You agree that Launchora may charge your designated account, including credit, debit, checking, PayPal, or other form of monetary payment, for such amount and for any taxes and late fees and other amounts, as applicable, as may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Launchora with a valid form of payment for the payment of all fees. Payments made through the Website are also subject to PayPal’s terms and conditions and privacy policies, which you can read here

Billing Information. You agree to provide Us with accurate, current, and complete information about you and your billing information as prompted during the registration process.

Right to Change Prices and Availability. Prices and availability of User Submissions offered through the Website are subject to change at any time. Launchora does not provide price protection or refunds in the event of a price drop or promotional offering.

Refunds. Due to the nature of digital media, no refunds can be given for User Submissions once they have been purchased or downloaded successfully. However, if you believe a refund is warranted, you may request a refund or other reimbursement and Launchora, in its sole discretion, may provide such a refund or other reimbursement as it deems appropriate.

Royalty Payments. Launchora will pay authors who submit submissions that are featured in Launchora-created products such as ’The Storyteller’ a fixed amount of the royalties it collects from any purchases of your User Submission. The amount of royalties you receive will be determined and agreed to at the time your User Submission is submitted to Launchora for sale.

Website Credits. You may earn Website Credits for conducting certain activities that are beneficial to the Launchora community (as reasonably determined by Launchora in its sole discretion). Details regarding Website Credits can be found here or in the “Credits” tab on your Profile.

 

Consent to Communicate with You by E-Mail. By establishing an account with us, and each time you make a purchase through the Website, you grant permission for Launchora to contact you at your e-mail address for administrative purposes. Launchora may send you notices with respect to the Website or your account by sending an email message to the email address listed in your account contact information or by a posting on the Website. Notices shall become effective immediately upon sending.

License to Content. Subject to these Terms of Use, Launchora grants to you a non exclusive, non-transferable, non-sublicensable license to access and view the Website and to make a reasonable number of copies of the content on the Website solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to Launchora and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website.

User Responsibility for User Submissions and User Data. You represent and warrant that (i) each User Submission is your own original work and you own all rights in the User Submission or that you have all rights in the User Submission necessary to grant the license to the User Submission contained in these Terms of Use; (ii) the User Submission and User Data and Our use thereof in accordance with these Terms of Use will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights; (iii) the User Submission and User Data does not violate any law or regulation; and (iv) the User Submission and User Data does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or collect User Data from users of the Website. For clarity, you are solely responsible for obtaining all third party consents and other rights, approvals, licenses, waivers, and other permissions necessary for the Content to be displayed on the Website and otherwise used in accordance with these Terms of Use.

Removal of User Submissions. Without notice, Launchora reserves the right to remove, block access to, and otherwise make unavailable any User Submission or other content that (i) violates these Terms of Use; (ii) is the subject of a court order or request from a governmental agency or law enforcement; or (iii) is otherwise unlawful, unethical, immoral, or otherwise improper for the Launchora community, as determined by Launchora in its sole discretion. Further, Launchora may block users that repeatedly violate these Terms of Use or engage in other behavior necessitating a removal of a User Submission.

Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website are the Trademarks of Launchora and its affiliates or their third party licensors and may not be used in commerce unless authorized by the trademark owner.

Collection, Use, and Disclosure of User Data. Launchora may collect certain personal and non-personal information about you during and after your use of the Website. Our information collection, use, and disclosure policies with respect to such information are set forth in the Website's Privacy Policy.If you have not already read the Privacy Policy, you should do so now. The terms and conditions of the Privacy Policy will change from time to time, and, as a condition of viewing the Website or using any features or making any purchase, you agree that you will first review the Privacy Policy prior to making any initial or subsequent purchases or uses of the Website.

Linking. Any online link that directs users to this Website must (i) not contain any logos or any text other than “Launchora” in plain text and (if applicable) the name of the linked User Submission; (ii) open in a new browser window to display the Website; and (iii) link to the full version of an HTML-formatted page of this Website.

Prohibited User Conduct. You will not (i) misrepresent your identity or your affiliation with any other person or entity; (ii) advertise or otherwise promote any goods or services other than User Submissions that are for viewing or for sale via the Website; (iii) access (or attempt to access) any User Submission, User Data, or other personal information through any automated means (including use of scripts, scraping, or web crawlers) and will ensure that you comply with the instructions set out in any robots.txt files present on the Website; (iv) obtain or attempt to obtain unauthorized access to computer systems, materials, or information, including attempting to obtain, use, or access any materials or information that is not intentionally made publicly available via the Website; (v) send mass unsolicited messages, “flood” servers with requests, or perform similar actions; (vi) harass, annoy, stalk, threaten or otherwise engage in abusive behavior towards others; or (vii) violate any law or Launchora or any third party’s intellectual property or other proprietary or legal rights.

Accounts, Passwords and Security. Certain services offered on or through the Website may require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Us immediately of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by Launchora or any other user of the Website due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software, or tools for that purpose, then your account will be terminated.

Indemnification. You agree to defend, indemnify, and hold harmless Launchora and its affiliates from and against all claims, liabilities, costs, losses, and expenses, including reasonable attorneys’ fees, arising from your User Submission, use of the Website, or your breach of these Terms of Use. Launchora may elect to assume the defense and control of such claim and, in such case, you agree to cooperate with Launchora in the defense of such claim and to reimburse Launchora for all reasonable expenses and fees incurred in the course of defending such claim.

No Responsibility for Third-Party Materials or Web Sites. Certain User Submission, content, products, and services available via the Website may include materials from third parties. In addition, Launchora or authors may provide links to certain third party Websites. You acknowledge and agree that Launchora is not responsible for examining or evaluating the content or accuracy of any such third-party material, User Submission, or website. Launchora does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Launchora is not in any way responsible for any such use by you.

Minors. To register for use of the Website on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present these Terms of Use to your parent or legal guardian, and he or she must click “I have read, understand and agree to these Terms of Use set forth by Launchora” to enter into these Terms of Use on your behalf. If you are under 13 years of age, you may not use the Website. A parent or legal guardian of a child under 13 years of age may not enter into these Terms of Use on behalf of such child. If you are a parent or legal guardian entering these Terms of Use for the benefit of your child or a child in your legal care, be aware that you are fully responsible for such child's use of the Website, including all financial charges and legal liability resulting from such use.

Disclaimer of Warranties. The Website and all goods and services purchased from Launchora via the Website are provided “as is” and without warranty of any kind, whether express or implied, common law, or otherwise. Launchora hereby disclaims any warranties arising from course of dealing or usage of trade and all implied warranties, including the warranties of merchantability, non-infringement, and fitness for a particular purpose, with respect to the Website and such goods and services (unless and to the extent any warranties are expressly specified in separate terms on the Website that apply to the purchase of products or services from Launchora). Launchora assumes no responsibility for, and shall not be liable for, any damages related to any viruses that may infect your computer equipment or other property on account of your access to the Website or downloading of any content from the Website. Without limiting the generality of the foregoing disclaimer, Launchora does not guarantee, represent, or warrant that use of the Website will be uninterrupted or error-free or that any particular device will be compatible with the Website. 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 or exclusions, or the limitations set forth below, may not apply to you, and you may have additional rights.

Limitation of Liability. In no event shall Launchora or its affiliates be liable, whether in an action based on a contract, tort (including negligence), or any other theory for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or related to the Website and any related content, products, services, and materials, even if such entity has been advised of the possibility of such damages. In no event shall Launchora or its affiliates have any liability in connection with any User Submission or content posted, transmitted, exchanged, sold, purchased, or otherwise received by or on behalf of any user or other person on or through the Website. In no event shall the total aggregate liability of Launchora or its affiliates to you for all damages, losses, and causes of action arising from or related to the Website exceed, in the aggregate, the amount, if any, paid by you to Launchora for your use of the Website or your purchase of products via the Website.

Termination. We may change, suspend, or discontinue any aspect of the Website at any time in Our sole discretion and without liability to you. We may restrict, suspend, or terminate your use of or access to the Website if We believe that (i) you are in breach of or are attempting to breach Our Terms of Use; (ii) your activities on or in relation to the Website may violate applicable law; (iii) you have provided Us with false or misleading information; (iv) you have failed to pay for a purchase; or (v) for any other reason without notice or liability. Launchora maintains a policy that provides for the termination of the Website use privileges of users who are repeat infringers of intellectual property rights. You agree that Launchora will not be liable to you or to any third party for termination of your access to your account or the Website.

Governing Law. You agree to submit to the laws of the State of California, USA and applicable federal law without regard to conflicts of laws principles. You agree that any cause of action that may arise under these Terms of Use shall be commenced and heard in the appropriate court in the State of California, County of San Diego. You agree to submit to the personal and exclusive jurisdiction of the courts located within San DiegoCounty in the State of California.

Miscellaneous. The terms “Us”, “We”, “Our” and the like in these Terms of Use refer to Launchora Inc. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use by Launchora must be made in writing and signed by an authorized representative of Launchora specifically referencing these Terms of Use and the waived provision. As used in these Terms of Use, the word “including” shall mean “including without limitation.” If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, such provision shall be severed from this Terms of Use and have no effect and the other provisions of these Terms of Use and shall remain in full force and effect. There are no third party beneficiaries to these Terms of Use.

Notice of Copyright Infringement

If you believe that your Works have been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent with a written notice containing the following information:

  • a description of the copyrighted work that you claim has been infringed;

  • a description (including hyperlink) of where the material that you claim is infringing is located on the Website;

  • your name, address, telephone number, and e-mail address;

  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and

  • an electronic or physical signature of the person authorized to act on behalf of the copyright owner.

If a copyright notice is received by Our Copyright Agent, Launchora may send a copy of the notice to the user who posted the User Submission at issue.

Counter Notification Procedures

If your User Submission has been removed, disabled, or otherwise restricted due to a copyright infringement notification, and you believe that your User Submission is not infringing or you were authorized by the copyright owner, the copyright owner's agent, or pursuant to the law to post and use the material in your User Submission, you may send a counter-notice containing the following information to Our Copyright Agent:

  • your name, address, telephone number, and e-mail address;

  • identification of the User Submission at issue, including its location before it was removed, disabled, or otherwise restricted;

  • a statement that you have a good faith belief that the User Submission was removed or disabled as a result of mistake or a misidentification of the User Submission;

  • a statement that you consent to the jurisdiction of the federal court in San Diego, California;

  • a statement that you will accept service of process from the person who provided notification of the alleged infringement; and

  • your physical or electronic signature.

If a counter-notice is received by Our Copyright Agent, Launchora may send a copy of the counter-notice to the original complaining party informing it that Launchora may replace the removed User Submission or cease disabling it in the next 10-14 business days at its sole discretion unless the original complaining party files an action seeking a court order against Us or the applicable member/user.

Copyright Agent

Please send notices and counter-notices regarding copyright infringement to:

Launchora Inc.

Attn: Lakshya Datta

12740 High Bluff Drive

 San Diego, CA 92130

copyright@launchora.com

Tel: 858.336.9263

Fax: 858.437.9883

Updated: March 1, 2017



Privacy Policy


This privacy policy (the “Privacy Policy”) tells you how Launchora Inc. (“we,” “us,” or “Launchora”) uses information we collect from visitors (“you”) on the Launchora.com website (the “Website”). Please read this Privacy Policy before using or accessing the Website. By using or accessing the Website, you agree to the terms of this Privacy Policy. We may change this Privacy Policy at any time. If we do this, we will post a notice that we have made changes to this Privacy Policy on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Privacy Policy the date these terms were last revised. Any revisions to this Privacy Policy will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Website after any such changes. If you do not agree to abide by this Privacy Policy, please do not use or access (or continue to use or access) the Website.

Personally Identifiable Information. We may collect your personally identifiable information, like names, postal addresses, email addresses, telephone numbers, etc., when you voluntarily submit such information to us through the Website. The information you provide will be used only to fulfill your specific request or enable certain features of the Website, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists. All of Our emails and newsletters allow you to opt out of further mailings.

Cookie/Tracking Technology. The Website may use cookie and tracking technology. Cookie and tracking technology may be used for gathering information, such as browser type and operating system, tracking the number of visitors to the Website, and understanding how visitors use the Website. Cookies may also be used to customize the Website for visitors. If you previously provided personally identifiable information to us, cookies may be tied to such information. Aggregate data derived from cookie and tracking information may be shared with third parties in any manner.

Disclosure of Information. We do not share personally identifiable information with other organizations for their marketing or promotional uses without your express consent. We may provide personally identifiable information to service providers who help us bring you the services we offer, such as hosting the Website at a co-location facility, sending email updates about Launchora, or removing repetitive information from our user lists.

We may be required to disclose personally identifiable information pursuant to certain requests from third parties, such as subpoenas or court orders. Additionally, we may share personally identifiable information when We believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity (including to assist others in preventing fraud of such activity), or to prevent imminent harm. This may include sharing personally identifiable information with other companies, lawyers, agents, or government agencies, including international or foreign agencies or law enforcement.

Security. Launchora takes commercially reasonable precautions to protect your information and to ensure that only authorized employees, agents, and contractors (who have agreed to keep information secure and confidential) have access to this information.

Privacy Contact Information. If you have any questions, concerns, or comments about this Privacy Policy you may contact us at the following email address: info@launchora.com

Last revised on July 1, 2017



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