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.
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.
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.
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.
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.
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.
Please send notices and counter-notices regarding copyright infringement to:
Attn: Lakshya Datta
12740 High Bluff Drive
San Diego, CA 92130
Updated: March 1, 2017
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