Terms of Service
LAUNCH MEDIA NETWORK
COMBINED TERMS OF SERVICE FOR
GAMESKINNY® AND GAMER LAUNCH®
WEBSITES AND PR8 APP
1. SCOPE OF TERMS OF SERVICE
Guild Launch LLC is a limited liability company organized and existing under the laws of the State of Virginia with its principal offices in the State of Georgia. Guild Launch, LLC does business as the “LAUNCH MEDIA NETWORK” sometimes referred to herein as “LMN.” LMN owns and operates various websites and a smart phone app. These TERMS OF SERVICE are for the following properties of LMN:
- GameSkinny.com which is an online/dynamic magazine about video games and video gamers.
- GamerLaunch.com which, among other things, hosts many different video games for online play by private groups of game players including, but not limited to, guilds, clans, teams and communities.
- PR8 App which may be installed on most popular smart phones which, among other things, permits video game players who are on the same team to communicate with each other while playing video games on GamerLaunch.com
There are additional terms of service directly accessible from the PR8 APP. These terms of service may vary somewhat from one smart phone operating system to another based on requirements of the operators of such systems. Such terms of service are incorporated by reference into these TERMS OF SERVICE. In the event of any conflict between the terms of service accessible from any version of the PR8 APP and these TERMS OF SERVICE, the terms of service from the PR8 APP will control with respect to that version of the PR8 APP.
2. SOME DEFINITIONS
AFFILIATES means our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the PRODUCTS and SERVICES.
APP means the PR8 App.
PRODUCTS means the products and other materials, regardless of whether tangible or intangible, in any format, regardless of whether currently known, or unknown, obtained via the WEBSITES or the APP.
SERVICES means the services including, but not limited to, game hosting, communications among team members and access to articles, made available by the WEBSITES and the APP.
WE or US means the LAUNCH MEDIA NETWORK.
YOU means a particular user of one or more of the WEBSITES and/or the APP.
WE reserve the right to change any of these TERMS OF SERVICE by updating them and either or both posting one or more notices that such TERMS have been changed prominently on the WEBSITE(S) or sending an email to the last provided email address of each user alerting each user that there has been a change. Continued use for more than fifteen (15) days after the date of the earliest such notice constitutes acceptance of any such changes.
4. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
4.1 Conditions of Use: WE provide the SERVICES and PRODUCTS to YOU, subject to your acceptance of and compliance with all the terms and conditions contained or referenced herein, as well as any other written agreement between YOU and US. In addition, when using particular SERVICES or obtaining particular PRODUCTS, , YOU hereby accept and agree to comply with any other terms and conditions posted by US, including, but not limited to, rules and guidelines, applicable to such SERVICES and/or PRODUCTS. All such other terms and conditions are hereby incorporated by reference into these TERMS OF SERVICE.
4.2 Action Showing Acceptance: BY USING ANY OF THE WEBSITES OR THE APP AFTER REGISTERING WITH US OR CLICKING A BUTTON INDICATING YOUR AGREEMENT WITH US OR OTHERWISE TAKING ACTION THAT INDICATES YOUR AGREEMENT WITH THE TERMS HEREOF, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT AND DO NOT USE EITHER OF THE WEBSITES OR THE APP.
YOU affirm that YOU are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to agree to, be bound by and comply with these TERMS OF SERVICE. In any case, YOU affirm that YOU are over the age of 13, as the WEBSITES and the APP are not intended for children under 13. If YOU are under 13 years of age, then please do not use either WEBSITE or the APP directly. YOU may have access to the WEBSITES and the APP through ARTIX ENTERTAINMENT which is set up to create a gaming environment that is suitable for children under 13. There are lots of other great websites for YOU. Talk to your parents about what sites are appropriate for YOU.
6. DESCRIPTION OF SERVICES
WE make various SERVICES available on the WEBSITES and by using the APP including, but not limited to, gaming information, comments, postings, gameplay, wireless voice communications and other like services. YOU are responsible for providing, at your own expense, all equipment necessary to use the SERVICES, including a computer, modem, a smart phone and/or Internet access (including payment of all fees associated with such access). WE reserve the sole right to either modify or discontinue any WEBSITE or APP, including any of the features of any of them, at any time with or without notice to YOU. WE will not be liable to YOU or any third party should WE exercise such right. Any new features, products and/or services that WE add and/or offer to YOU in the future shall also be subject to these TERMS OF SERVICE.
7. REGISTRATION DATA AND PRIVACY
In order to access some of the SERVICES on this site, YOU will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("REGISTRATION DATA"). YOU represent and warrant that the REGISTRATION DATA is true and accurate and that YOU will maintain and update this information as required in order to keep it current, complete, and accurate.
WE provide a variety of PRODUCTS and SERVICES. Some may be used without registration, some require registration, but not payment, and some require registration and payment. Some are supported in whole or in part by advertising and in other cases WE do not allow advertising.
10. ONGOING FEES WHICH YOU AGREE TO PAY
Effective immediately upon activation of any subscription for which YOU agree to pay a fee, YOU will be charged such monthly (or other periodic) fee in advance of such period. Such fee will be charged to your credit card/debit card which was used at the time YOU subscribed or another credit card/debit card that YOU may provide to US later. YOU agree that WE may, and are authorized to, charge whichever credit card account YOU designate for US to use for such periodic payments. YOU can cancel your subscription at any time and discontinue your monthly fee by using the subscription cancellation process at PayPal.
11.1 Limitations on Use of Websites and APP: Your use of either of the WEBSITES or the APP is subject to all applicable laws and regulations, and YOU are solely responsible for the substance of your communications through the WEBSITES and the APP. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to YOU on or through such WEBSITES or the APP, YOU agree that YOU will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
11.2 No Breach of Security: In addition, YOU may not use your account to breach security of another account or attempt to gain unauthorized access to any part of our network or servers or to any other network or server. Not all areas of the WEBSITES may be available to YOU or other authorized users of either WEBSITE. YOU shall not interfere with anyone else’s use and enjoyment of the WEBSITE, the APP or any of the SERVICES.
12. NO ENDORSEMENT OR ASSUMPTION OF LIABILITY
WE neither endorse nor assume any liability for the content of any material uploaded or submitted by third party users of the WEBSITES or the APP. WE generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the WEBSITES or APP.
13. RIGHT TO REMOVE CONTENT
WE and OUR agents have the right at OUR sole discretion to remove any content that WE decide to remove. YOU hereby consent to such removal and waive any claim against us arising out of such removal. .
14. RIGHT TO TERMINATE
YOU agree that WE may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our WEBSITES OR the APP without prior notice to YOU for violating any of the above provisions. In addition, YOU acknowledge that WE will cooperate fully with investigations of violations of systems or network security at our WEBSITES and with regard to our APP, including cooperating with law enforcement authorities in investigating suspected criminal violations.
15. INACTIVITY ON ADD SUPPORTED GAMER SITES AND CONTENT REMOVAL
If an ad-supported site has not had any members login within 90 days the site will be considered "inactive."
If an ad-supported site has not had any members login within 180 days, the site will be considered "abandoned".
When a site is marked as inactive its subdomain will be changed to a random subdomain so that the current subdomain can be released back to other users.
When a site is marked as abandoned it will be queued for deletion. Deletion can occur at any time after the site has been marked as abandoned. Deletion will remove all content and posts. A site that has been queued for deletion cannot be recovered. These actions only apply to Ad-Supported sites or sites which no longer have a subscription and have reverted to an Ad-Supported site. Subscription sites have no inactivity periods. Of course under other provisions of this agreement, subscription accounts are also subject to termination as determined by US in our sole discretion. In addition WE have an unrestricted right to delete data, remove users, and take any other action with respect to our WEBSITES and APP as WE decide to do.
16. THIRD PARTY SITES AND INFORMATION
OUR WEBSITE may link YOU to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and YOU acknowledge that WE are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are WE responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
17. RIGHTS WITH RESPECT TO USER SUBMITTED CONTENT
17.1 Your Content: Content that YOU submit, post or publish for or on either of our WEBSITES is considered "YOUR CONTENT." YOU retain ownership of all proprietary rights in YOUR CONTENT.
17.2 Rights to Use Your Content: YOU grant US a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of YOUR CONTENT, without restriction, including, but not limited to, in any settings such as websites, broadcast radio, broadcast television, satellite radio, cable television and in any other type of media now or hereafter known for any lawful purpose. YOU also represent and warrant that YOU are authorized to and YOU do hereby license to US all privacy and publicity rights necessary for such unrestricted use that apply to individuals whose identity, name, likeness, image or voice appears or is otherwise included in any of YOUR CONTENT that YOU POST. Nothing in this AGREEMENT shall restrict LMN’s rights under separate licenses to USER CONTENT.
18. RIGHTS WITH RESPECT TO INTELLECTUAL PROPERTY - OUR CONTENT
18.1 Our Content: For purposes of these TERMS OF SERVICE, "OUR CONTENT" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be accessed or viewed by users on any of our WEBSITES that is not YOUR CONTENT.
18.2 Restrictions on Use: By accepting these TERMS OF SERVICE, YOU acknowledge and agree that all content presented to YOU on the WEBSITES and the APP is protected by copyright, trademark, service mark, patent, privacy and publicity and/or other proprietary rights and/or laws, and is the sole property of Launch Media Network, its AFFILIATES and/or other users. YOU are only permitted to use the content as expressly authorized by US or the specific content provider. Except for a single copy made for personal use only, YOU may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from either WEBSITE in any form or by any means without prior written permission from US or the specific content provider, and YOU are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on either WEBSITE may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
19. TRADEMARK RIGHTS
The following are registered trademarks, registered service marks, common law trademarks or common law service marks of Launch Media Network: GameSkinny®, Gamer Launch®, Launch Media Network℠ PR8™ and Gunvanna℠. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS OF SERVICE grants YOU any right to use any trademark, service mark, logo, and/or the name of LAUNCH MEDIA NETWORK or its AFFILIATES.
20. YOUR POSTS ARE NOT CONFIDENTIAL
21. NOTICES OF INFRINGEMENT
If YOU believe that any material on any of our WEBSITES infringes any of your proprietary rights YOU may notify us as provided in our POLICY FOR NOTIFYING US OF COPYRIGHT INFRINGEMENT or in our POLICY FOR NOTIFYING US OF INFRINGEMENT OTHER THAN COPYRIGHT INFRINGEMENT as may be applicable.
22. DISCLAIMER OF WARRANTIES
22.1 No Warranties: ALL THE SERVICES AND PRODUCTS AND WEBSITES AND THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
22.2 Technical Mistakes: THE WEBSITES AND THE APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICES AND PRODUCTS INCLUDING THE PRICES AND DESCRIPTIONS, AT ANY TIME WITHOUT NOTICE. THE SERVICES OR PRODUCTS MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH SERVICES OR PRODUCTS.
22.3 Own Risk: THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
22.4 Third Party Vendors: Through your use of the site, YOU may have opportunities to engage in commercial transactions with other users and vendors. YOU acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH EITHER WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR PRODUCTS,
FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
22.5 Content of Others: Content available through either WEBSITE or the APP often represents the opinions and judgments of an information provider user, or other person or entity not connected with US. WE do not endorse, nor are WE responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Launch Media Network spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the WEBSITES for further information, which policies are incorporated by reference into these TERMS OF SERVICE.
22.6 Interruptions of Service: YOU understand and agree that temporary interruptions of the SERVICES may occur as normal events. YOU further understand and agree that WE have no control over third party networks YOU may access in the course of the use of the WEBSITES, and therefore, delays and disruption of other network transmissions are completely beyond our control.
22.7 No Warranties: YOU understand and agree that the services available on this site are provided "AS IS" and that WE assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
23. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY OF THE WEBSITES OR THE APP OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM ANY OF OUR WEBSITES OR THE APP.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH ANY OF OUR WEBSITES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH ANY OF OUR WEBSITES or APP, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by US, YOU agree to defend, indemnify, and hold US and our AFFILIATES harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site or from any action taken or not taken by YOU in violation of this Agreement. WE reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU, in which event YOU will cooperate with US in asserting any available defenses. In such event YOU would remain liable for any losses or damages other than attorney fees. If YOU wished to contest a matter WE wished to settle YOU must provide US with a legally enforceable bond with a company acceptable to US for an amount that is the higher of the entire amount demanded in the lawsuit or triple the amount of the proposed settlement.
25. SECURITY AND PASSWORD
If YOU register on either WEBSITE or the APP, your user id and password will apply to both WEBSITES and the APP. YOU are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, YOU must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask YOU for your password. YOU may not transfer or share your account with anyone, and WE reserve the right to immediately terminate your account if YOU do transfer or share your account.
26. PARTICIPATION IN PROMOTIONS
From time to time, this site may include advertisements offered by third parties. YOU may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between YOU and the advertiser. WE assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
27. E-MAIL, MESSAGING, BLOGGING, AND CHAT SERVICES
27.1 Communications: WE may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. WE make available separate supplemental agreements characterizing the relationship between YOU and US that, except where expressly noted or contradictory, includes these TERMS.
27.3 Monitoring: WE may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that WE deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and WE will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
27.4 Mailboxes: Mailboxes may have a limited storage capacity. If YOU exceed the maximum permitted storage space, WE may employ automated devices that delete or block email messages that exceed the limit. WE will not be responsible for such deleted or blocked messages.
28. INTERNATIONAL USE
Although this site may be accessible worldwide, WE make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
29. TERMINATION OF USE
29.1 Right to Terminate, Suspend or Revoke Terms of Service: YOU agree that WE may, in our sole discretion, terminate or suspend your access to all or part of the WEBSITE with or without notice and with or without any reason, including, without limitation, breach of these TERMS OF SERVICE. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
29.2 Effect of Termination or Suspension: Upon termination or suspension, regardless of the reasons therefor, your right to use the SERVICES available on either WEBSITE and the APP immediately ceases, and YOU acknowledge and agree that WE 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 either WEBSITE or the APP. WE shall not be liable to YOU or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by US in connection with such termination or suspension.
30. GOVERNING LAW AND JURISDICTION
All WEBSITES and the APP (excluding any linked sites) is controlled by US from our offices within the State of Georgia, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Other jurisdictions may have laws that may differ from those of Georgia. By accessing this Site, YOU and WE agree that the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof and without regard to the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of any WEBSITE and the APP and the purchase of products and services available through such WEBSITES and APP. Each of US agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Georgia with respect to such matters, if there is such a court and, if not, such a court in the United States, and, if none, any competent court.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to US must be sent to the attention of Customer Service at email@example.com, if by email, or at Launch Media Network, 3423 Piedmont Rd NE, Atlanta, GA 30305 if by conventional mail. Notices to YOU may be sent to the address supplied by YOU as part of your Registration Data. In addition, WE may broadcast notices or messages through the site to inform YOU of changes to the site or other matters of importance, and such broadcasts shall constitute notice to YOU at the time of sending.
32. ENTIRE AGREEMENT
These TERMS OF SERVICE constitute the entire agreement and understanding between the parties concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These TERMS OF SERVICE may not be altered, supplemented, or amended except as set forth in Section 3 above, by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered TERMS AND CONDITIONS shall be null and void, unless otherwise agreed to in a written agreement signed by YOU and US. To the extent that anything in or associated with either WEBSITE is in conflict or inconsistent with these TERMS OF SERVICE, these TERMS OF SERVICE shall take precedence. However, as stated in Section 1 below, the TERMS OF SERVICE accessible directly from the APP shall take precedence with respect to such APP.
In any action to enforce these TERMS OF SERVICE, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by YOU against US or our AFFILIATES must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
YOU may not assign your rights and obligations under these TERMS OF SERVICE to any party, and any purported attempt to do so will be null and void. WE may freely assign our rights and obligations under these TERMS OF SERVICE.
In addition to any excuse provided by applicable law, WE shall be excused from liability for non-delivery or delay in delivery of products and services available through either WEBSITE or the APP arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these TERMS OF SERVICE is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by US to enforce or exercise any provision of these TERMS OF SERVICE or related rights shall not constitute a waiver of that right or provision.
34. COMMERCIAL USE PROHIBITED
YOU agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site without entering into an agreement with US and obtaining our approval in writing in advance.
35. CONTACT INFORMATION
Except as explicitly noted on this site, the services available through this site are offered by Guild Launch, LLC d/b/a Launch Media Network located at 8010 Roswell Road, Atlanta, GA 30350. Our telephone number is 678-819-3535. If YOU notice that any user is violating these TERMS OF SERVICE, please contact us at firstname.lastname@example.org.