1. OTHER TERMS AND CONDITIONS
1.1. These TOU do not apply to your registration with the Site, account creation and your use of the services which we offer on the Site (our “Services”). If there is a conflict between these TOU and the terms and conditions posted for or applicable to your registration with the Site, account creation or for any Service offered on the Site, the latter terms shall control with respect to your registration with the Site, account creation or the specific Service.
2. AGE REQUIREMENT
By accessing or using the Site, you represent and warrant to 80 level that you are an individual who can form a legally binding contract at law and you are at least 18 years of age or of the legal age of majority in the jurisdiction from which you access the Site.
3.1. We own or are licensed to use all the content that we have put on our Site (unless otherwise stated). This includes the design, compilation and look and feel of the Site, all copyright, trademarks, designs and other intellectual property on the Site. You will not copy, reproduce, republish, upload, publicly display, encode, translate, transmit, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these TOU (or otherwise allowed at law).
3.2. 80 level trademarks, service marks, and logos (“80 level Marks”) are subject to copyright, trademark and other intellectual property rights under the United States and foreign laws and international conventions.
80 level Marks must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever.
4. FORBIDDEN ACTIONS
You have no right to: a) attempt to gain unauthorized access to computer systems or content through the Site; b) engage in automatic gathering of information from or through the Site (such as “database scraping” or harvesting of email addresses); c) attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine); d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site that prevent or restrict use or copying of any content accessible through the Site; e) use the Site or content in a way that is prohibited by these TOU or violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory.
5. COPYRIGHT INFRINGEMENT
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act and other applicable laws. If you believe that there is a copyright infringement, you must provide 80 level with all possible information confirming the fact of copyright infringement.
You can mail us on firstname.lastname@example.org. with the subject of letter “Copyright Infringement” or write to us at 15260 Ventura Boulevard, Suite 2230 Sherman Oaks, CA 91403.
6. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
The Site may contain links to third party websites and services that are not owned or controlled by 80 level and we cannot control and will not be held responsible for the content, privacy policies, or practices of any third party websites or services. By using the Site, you specifically release 80 level from any and all liability arising from your use of any third party website, third party services, or interaction with any third party.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
7.1. Everything on the Site provided by us is given on an ‘as is’ basis and without warranties, either expressed or implied. 80 level makes no warranty, representation, covenant, or guarantee whatsoever, express or implied: a) that the Site will operate uninterrupted or error-free, that any defects will be corrected; b) that the Site will meet your needs or expectations. We make no promises regarding your access to the Site or the results of your access, in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
7.2. To the fullest extent permitted by applicable law, we are not liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from a) errors, mistakes, or inaccuracies of or in any content; b) events beyond the reasonable control of 80 level, including any internet failures, equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, fires, floods, storms, earthquakes, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or c) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use the Site, or any inability to use or access the Site.
By accessing and using the Site you agree to indemnify, defend, and hold harmless 80 level, its affiliates, and its and their respective employees, officers, directors, and agents from and against all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including reasonable attorneys’ fees) that arise from a third party’s claim resulting from: a) your violation of any term of these TOU; b) your violation of any third party right, including any copyright, access rights, property, or privacy right; and/or c) any other type of claim that your behavior caused damage to a third party.
9.1. Governing Law. These TOU and its interpretation, and any disputes that arise hereunder shall be governed in all respects by the laws of the State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction. The U. N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.
9.2. Disputes. Most concerns can be resolved by the use of our support team at email@example.com. If we are unable to resolve your concerns and a dispute remains between you and 80 level, this section explains how we agree to resolve it. Any dispute arising out of or in connection with the TOU, including any question regarding its existence, validity, or termination shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the arbitral award may be entered in any court having jurisdiction thereof. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.
9.3. Term and Termination. This TOU is effective until terminated. You may terminate this TOU at any time upon notice to 80 level. 80 level has the right at any time, for any reason or no reason to terminate this TOU without any further liability to you.
9.4. Amendment. We may occasionally change these TOU, so we encourage you to review the TOU periodically. If you don’t agree to the amendments or to any of the terms in these TOU, your only remedy is to stop using the Site.
9.5. Changes to the Site. We may change or discontinue any aspect, Service or feature of the Site at any time, including, but not limited to, content and availability.
9.6. Notices. All legal notices given by you or required under this TOU shall be mailed to: 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA.
9.7 Severability. If any term of these TOU is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of the TOU shall remain in full force.
9.8. Questions or additional information. If you have any questions regarding 80 level, this TOU or any other additional information, please email us at: firstname.lastname@example.org.
Last Updated: February 18, 2020