BY USING AND/OR VISITING THIS APP, including all Content available through the Limelite domain name located at https://limelitecast.com, our affiliate websites, subdomains, mobile versions, any associated applications and services (the “Limelite App”, or the “App”), which is the property of Limelite LLC (“we” or “us”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF SERVICE (the “Terms”) AND THE LIMELITE PRIVACY POLICY, WHICH IS PUBLISHED AT http://www.limelitecast.com/privacy-policy, AND WHICH IS INCORPORATED HEREIN BY REFERENCE.
If you do not agree to these Terms, then please do not use the Limelite App. The Terms form a binding legal agreement between you and Limelite in relation to your use of the App. By accessing or using the App you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the App. If you do not agree to the Terms, you are not authorized to use the App. You are also responsible for ensuring that all persons who access our App through your mobile or other devices are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Your access to and use of the App is also subject to the policies that we post on our website at https://www.limelitecast.com (as such policies may be updated from time to time). Any updates to our policies will be effective immediately upon their posting and govern your continued use of our services, unless otherwise expressly provided in the updated policy.
You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to create an account on the App. Parents or guardians have the option of including their minor children on their account. While individuals under the age of 18 (but not younger than 13) may use the App, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms. Limelite does not seek through this App to gather personal information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
General. Contingent upon your complete and ongoing compliance with these Terms and our policies, Limelite hereby grants you permission to use the App as set forth in this Terms, including, for the duration of your access and use, a worldwide, limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable right and license to: (i) access and use the App in accordance with the Terms; and (ii) install and use one object code copy of any mobile app provided by us and associated with the App on a mobile device that you own or control through which you may access and use the App, provided that: (i) your use of the App as permitted is solely for your personal or business use; (ii) you will not copy or distribute any part of the App in any medium without Limelite’s prior written authorization; (iii) you will not alter or modify any part of the App other than as may be reasonably necessary to use the App for its intended purpose; (iv) you may not use the App for any purpose that is unlawful or prohibited by these Terms and (v) you will otherwise comply with the terms and conditions of these Terms.
Account Information. You may never use another’s account, service or personal information without permission. When creating your account, you must provide accurate, current and complete information. By creating an account, you hereby certify to us that: (i) you are at least 18 years of age; and (ii) if you are agreeing to this Agreement on behalf of an organization (in which case, “you” as used herein shall refer to you and your organization collectively), that you are duly authorized to bind such organization. For the avoidance of doubt, an “organization” includes a corporation, partnership, LLC, or other entity. You shall liable for all activities that occur under your account. You agree to notify us immediately by emailing us at info@limelitecast.com upon learning of any unauthorized access to or use of your account or any other breach of security. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate suspension or termination of your account. In addition, we reserve the right to refuse, suspend, or terminate your account or use of the App for any reason and in our sole discretion.
Password. If you register with us, you may be asked to provide a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. The App may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account when you revisit the App. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Limelite compatible devices, and you agree to accept responsibility for all activities that occur under your account or password. Where possible, users of public or shared devices should log out at the completion of each visit. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your email address or password), you shall immediately notify Limelite. Then, you should report this incident to all of your card issuers, as well as your local law enforcement agency. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
Talent Subscriptions. Please carefully read all pricing terms in the areas of the App that allow you to purchase our subscriptions. You acknowledge that by completing the enrollment process (including without limitation all records relating to such transactions), this constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. For monthly subscriptions, you agree that you will automatically be billed at the start of each subscription period to your designated payment method. Limelite is not responsible for typographic errors. The price for each respective item will be clearly marked on the page and also clearly marked when you enter your credit card information to purchase. A third-party payment processor will collect your name, email address, postal address, contact details and credit or debit card information. You agree to pay all fees and applicable taxes incurred by you or anyone using your account.
Suspension or Termination. We may, in our sole discretion, suspend or terminate an account or access to the App for any type of abuse including, without limitation, a violation of these Terms and with no liability arising from such termination to you or any third party. Upon termination, your rights, and authorizations granted to you, to access and use of the App and any of our services, content, and Confidential Information will terminate and you must immediately cease all access to and use of your Limelite accounts and the services and content thereon, and any Confidential Information. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove all of your content from the App.
Third-Party Content Disclaimer. You understand that when using the App you may be exposed to advertising and other third-party content (together, the “Third-Party Content”) from a variety of sources and that you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or otherwise objectionable. Limelite does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Limelite be liable in any way for or in connection with the Third-Party Content, including, but not limited to, for any inaccuracies, errors or omissions in any Third-Party Content, any intellectual property infringement or misappropriation with regard to any Third-Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third-Party Content posted, emailed or otherwise displayed or transmitted through the App.
Limelite reserves the right to block and/or restrict access to the App on a permanent or temporary basis at Limelite’s sole discretion. Upon notification, such user may attempt to use the App under another name or through another user.
Submissions. In the course of using the App, you may provide information or content that may be used by us in connection with the services and which may be visible to third parties (“Submissions”). You understand that by posting any such Submissions on the App or otherwise providing them to us in connection with your access to or use of the App, you hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use, including to modify, reproduce, distribute, reformat, translate and display such Submissions (including all related intellectual property rights and other proprietary rights) in the furtherance of our services. We reserve the right to remove any Submissions from the App at any time, for any reason. You are solely responsible and liable for all Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the App. You hereby represent and warrant that you possess, and will maintain, all right, title, and interest in and to the Submissions, and that you have the full right and authority to grant the rights and licenses granted to us herein with respect to such submissions.
Data License. You authorize us to access your publicly accessible websites, mobile apps, and other products and services, and collect, store, and use information and content available therein in connection with our services.
Promotional License. You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use your name or your organization’s name, image and likeness, logos and related images, and any written comments you provide to us or otherwise make publicly available concerning your use or your organization’s use of the App in our communications materials (e.g., on our App, website, third-party websites, press releases, and presentations) for advertising and promotional purposes.
Content Catalog License. We may make available a catalog of content, which is subject to a negotiated license. Please email us at info@limelitecast.com to browse our library of content.
All copyrights and intellectual property of the Limelite App, and the content thereon, including without limitation, the text, software, code, files, links, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), processes, formats and proprietary glossary terms are owned by Limelite, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions and are reserved to Limelite. Content on the App is provided to you AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Limelite. Limelite reserves all rights not expressly granted in and to the App and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein or by other third parties obtained through the App for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Limelite App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Limelite App or the Content therein. You may not use any of our trademarks (including our brands and logos) or any links to the App in any way without our express permission.
Content owned by third parties (including logos or trademarks) shall not be used by you for any purpose. The goodwill of any use of third-party trademarks shall inure solely to the benefit of that third party. Unauthorized use of content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Please see our Copyright Dispute Policy for more information regarding the reporting of such unauthorized use.
The right of publicity prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona. If you use someone’s name or likeness without authorization, you risk infringing that person’s rights. We reserve the right to remove any content on the App that we determine, in our sole discretion and without notice to you, infringes on a third-party’s rights.
A. Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any content on the App infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
Limelite’s designated Copyright Agent to receive notifications of claimed infringement is:
Limelite LLC
Attn: Copyright Agent
Address: 7300 Sunset Heights Circle, Austin, TX 78735
Email: info@limelitecast.com
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
B. Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the App by, or disable and/or terminate the accounts of, Users who may be infringers.
C. Copyright Counter-Notices. If content you posted on the App was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
D. Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
Limelite LLC
Attn: Copyright Agent
Address: 7300 Sunset Heights Circle, Austin, TX 78735
Email: info@limelitecast.com
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the App. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
E. Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the App is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Limelite cannot guarantee or warrant that the App, or any content on it, will always be available or be uninterrupted. Access to the App is permitted only on a temporary basis. Limelite may suspend, withdraw, discontinue or change all or any part of the App without notice. Limelite will not be liable to you if for any reason our App is unavailable at any time or for any period. It is your responsibility to make appropriate arrangements for you to access the App including but not limited to configuring your information technology, computer programs, mobile devices and other devices to access the App.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LIMELITE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE APP; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (V) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. LIMELITE RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF LIMELITE. LIMELITE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
A. ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THESE TERMS, THE TERM LIMELITE INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
B. NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIMELITE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIMELITE OR THROUGH THE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
C. “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE APP IS AT YOUR SOLE RISK. THE APP, LIMELITE MATERIALS AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
D. APP OPERATION. LIMELITE DOES NOT WARRANT THAT LIMELITE MATERIALS, APP, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE APP OR ANY THIRD-PARTY WEBSITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
E. ACCURACY. LIMELITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR ANY THIRD-PARTY WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
F. HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE APP (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
G. LIMELITE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING LIMELITE READY DEVICES OR THE COMPATIILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end license agreements you have agreed to by using our service.
A. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIMELITE OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, LIMELITE MATERIALS ON THE APP OR ANY THIRD-PARTY WEBSITES, THE APP ITSELF, OR ANY OTHER INTERACTIONS WITH LIMELITE, EVEN IF LIMELITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. LIMITATION OF DAMAGES. IN NO EVENT SHALL LIMELITE OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).
A. LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
B. BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT LIMELITE HAS OFFERED ITS SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LIMELITE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LIMELITE. YOU ACKNOWLEDGE AND AGREE THAT LIMELITE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
“Confidential Information” means the information that we designate as confidential at the time of disclosure or that should reasonably be understood to be our confidential information, including all of our business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no act or omission by you or breach by you of these Terms; (ii) at the time of disclosure by us, was lawfully received by you from a third party without breach of any obligation owed to us or the source of such information; or (iii) was or is independently developed by you without use of or reference to the Confidential Information. Confidential Information disclosed prior to your acceptance of these Terms will be subject to this Section.
You will: (a) protect all Confidential Information as confidential with at least the same degree of care that you use to protect your own similar confidential information, but not less than a reasonable standard of care; (b) not use or disclose any Confidential Information for any purpose except to exercise your rights and/or fulfill your obligations under these Terms; and (c) not disclose any Confidential Information to any person or entity other than your employees and/or contractors whose access is strictly necessary for purposes consistent with these Terms and who are bound by obligations of confidentiality no less stringent than those set forth herein.
You may disclose Confidential Information to comply with applicable law, provided that you give us prior notice of the compelled disclosure or legal proceeding (to the extent permitted by law) and reasonable assistance to and cooperation with us, at our cost, if we desire to contest the disclosure. You and we agree that money damages are an inadequate remedy for breach of the obligations in this Section, and that any such breach would result in irreparable harm to us. Therefore, in the event of any such actual or threatened breach, we will be entitled, in addition to any other rights or remedies available to us at law or equity, to seek specific performance or injunctive relief without the posting of a bond.
From time to time, Limelite may suspend, cease, change, remove, add to or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms, as relevant, to the App and indicate the date of revision. We encourage you to periodically review the Terms. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by Limelite it its sole discretion, such new and/or additional material terms will be marked as such. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Limelite that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the App. Your continued use of the App after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Limelite without restriction.
Under California Civil Code Section 1789.3, users of our App from California are entitled to receive the following information on how to resolve a complaint regarding the App or to receive further information regarding use of the App. Such complaints or requests may be submitted to Limelite via email at: info@limelitecast.com.
You agree that: (i) the Limelite App shall be deemed solely based in the State of Texas; and (ii) the Limelite App shall be deemed a passive website that does not give rise to personal jurisdiction over Limelite, either specific or general, in jurisdictions other than Texas. These Terms shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Limelite that arises in whole or in part from the Limelite App shall be decided exclusively by arbitration located in Travis County, Texas, as provided herein. YOU AND LIMELITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIMELITE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For any dispute you have with us, you agree to first contact us through email info@limelitecast.com and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Texas before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
These Terms, together with the Privacy Notice at http://www.limelitecast.com/privacy-policy and any other legal notices published by Limelite on the App, shall constitute the entire agreement between you and Limelite concerning the Limelite App. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Limelite’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Copyright © 2023. Limelite LLC. All Rights Reserved.
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