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Terms of Use 1. Acceptance of Terms a. By (i) using this Web site or any other web sites of Licensing Brands Incorporated, its affiliates and agents (“LBI”) with links to these Terms of Use (the “General Terms”) (the “Site”) in any way, including using, transmitting, downloading or uploading any of the services or functionality (“Services”) or Materials made available or enabled via the Site by LBI or users of the Site (“Users”), or (ii) merely browsing the Site, you agree to these General Terms and the LBI Online Privacy Policy at http://www.BrandLicensingExpert.com/termsofuse, which is incorporated herein by reference. “Materials” includes any (x) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (y) products, and (z) LBI software code and associated documentation (“Software”), in each case made available or enabled by LBI or users of the Site. b. You may not use the Services, or accept the General Terms, if (i) you are not of legal age to form a binding contract with LBI, or (ii) you are prohibited by law from receiving or using the Services. c. LBI makes certain Services and Materials available only if you have paid a fee or have provided LBI certain Registration Information (as such term is defined in the LBI Online Privacy Policy) and/or created an LBI ID and password or other log-in ID and password (collectively, “Account Information”). The General Terms and any applicable Additional Terms are referred to herein as the “Terms”. d. LBI may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, LBI will make a new copy of the General Terms available at the Site, with any new Additional Terms made available to you from within or through the affected Service. LBI may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of the Site or any affected Service constitutes your acceptance of the changes. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Service, at the time of such use. Please regularly check the Site to view the then-current Terms. e. Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials. 2. Use of Site, Services and Materials. a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site. b. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify LBI immediately. You may not use another person’s Account Information. LBI may require that you change your Account Information or certain parts of your Account Information at any time for any reason. c. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”). d. You agree not to access or attempt to access the Services by any means other than the interface provided by LBI. 3. Ownership. a. The Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, LBI and its suppliers do not grant any express or implied rights to use the Site, Services and Materials. b. The trademarks, logos and service marks displayed on the Site (the “Marks”) are the property of LBI or third parties. You are not permitted to use the Marks without the prior consent of LBI or the third party that may own the Marks. LBI and the LBI logo are trademarks of Licensing Brands Incorporated. 4. Use of LBI Materials and User Content a. Except as indicated to the contrary in any applicable Additional Terms, LBI hereby grants you a license to view, download and print Materials provided by LBI (“LBI Materials”) and any Materials provided by Users (“User Content”), except for Shared Group Content, subject to the following conditions: i. You may access and use the LBI Materials and User Content solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
b. LBI reserves the right to revoke the authorization to view, download and print the LBI Materials and User Content at any time, and any such use shall be discontinued immediately upon notice from LBI. c. Software is subject to the additional provisions governing Software set forth herein. f. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by LBI. In addition, various sections of the Sites may showcase the work of creative professionals. Such Materials (whether LBI Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses. 5. User Conduct. a. You agree that you, not LBI, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available on the Site or via the Services (“Make Available”), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness. b. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) from the owners of the Intellectual Property Rights, to use Your Content in keeping with your use in connection with the Site, the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content. c. You acknowledge and agree that by accessing or using the Site, Services or Materials, you may be exposed to Materials from others that may be considered offensive, indecent or otherwise objectionable. d. You agree not to use, or to encourage or permit others to use, the Site or Services to: i. Make Available any Material that is unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 6. Investigations. a. LBI, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, LBI shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law. b. Although LBI does not generally monitor User activity occurring in connection with the Site, Services or Materials, if LBI becomes aware of any possible violations by you of any provision of the Terms, LBI reserves the right to investigate such violations, and LBI may, at its sole discretion, immediately terminate your license to use the Site, Services, or Materials or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, LBI believes that criminal activity has occurred, LBI reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, LBI is entitled to disclose any information or Materials, including Your Content or Account Information (or elements thereof), in LBI’s possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of LBI, its Users or the public, and law enforcement or other government officials, as LBI in its sole discretion believes to be necessary or appropriate. 7. Use of Your Content. a. LBI does not claim ownership of Your Content. However, except as provided in Section 8(b), you grant LBI a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into other Materials or works in any format or medium now known or later developed. b. The terms of Section 8(a) shall not apply to Your Content: (i) When Your Content is Made Available through Services that are intended for private communication or which allow you to limit public access to Your Content and you do in fact limit public access. (ii) In the case of Your Content covered by Section 8(b)(i), you grant LBI only those rights set forth in such Additional Terms. (iii) In the case of Your Content covered by Section 8(b)(ii), you grant LBI a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate Your Content solely for the purpose of enabling your use of the Service. You may revoke this license and terminate LBI’s rights at any time by removing Your Content from the Service. 8. Feedback. By submitting ideas, suggestions, documents and/or proposals (“Feedback”) to LBI through its suggestion, feedback, wiki, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of your or of third parties; (ii) LBI is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) LBI, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide; (iv) LBI may have something similar to the Feedback already under consideration or in development; (v) the Feedback automatically becomes LBI’s property without any obligation to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from LBI for the Feedback under any circumstances. 9. Right to Derive Revenue/Advertisements. Except for Your Content subject to Section 8(b) above, you agree that LBI may derive revenue and/or other remuneration from Your Content that you Make Available via the Services without payment to you. For example, LBI may display LBI and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by LBI on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you. 10. Links to Third Party Sites. The Site, Services and Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by LBI to you as a convenience and the inclusion of the links does not imply any endorsement by LBI of any Linked Site. LBI has no control of the Linked Sites and you agree that LBI is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site. 11. Modifications to Site, Services and Materials. LBI may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services, or Materials, or any portion thereof, with or without notice. You agree that LBI shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Services, or Materials. 12. Termination. a. The Terms will continue to apply until terminated by either you or LBI as set forth below. b. If you want to terminate your agreement with LBI, you may do so by (i) notifying LBI at any time and (ii) closing your accounts for all of the Services or Materials that you use, where LBI has made this option available to you. Your notice should be sent, in writing, to LBI’s address set forth below. c. LBI may terminate its agreement with you in its sole discretion at any time for any reason on 5 days’ written notice. LBI will not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Site, Services, and Materials, including Your Content if i. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms); d. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of Your Content and Account Information, including your personal information, log-in ID and password, and all related information, files and Materials associated with or inside your account (or any part thereof); and (iii) barring of further use of the Services. e. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Site, Services and Materials. However, Sections 3, 13, 14, 16, 19, 20 and 21 will survive any termination or expiration of the Terms. 13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY LBI “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LBI MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LBI OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. b. LBI SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LBI ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OF THE SERVICES. c. LBI DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. LBI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. d. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED LBI SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF LBI. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LBI WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. LBI ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. e. LBI WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. g. NOTWITHSTANDING THE ABOVE, LBI MAY ELECT TO PROVIDE CERTAIN GUARANTEES ON PRODUCTS MADE AVAILABLE FOR PURCHASE. IN THESE INSTANCES, LBI WILL EXPLICITLY STATE SO IN ANY CONTRACT OF SALE. 14. International Users. a. This Site can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that LBI intends to announce such Services or Materials in your country. b. This Site is controlled, operated and administered by LBI from its offices in the United States of America. LBI makes no representation that the Site, Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from jurisdictions where the Site, Services or Materials are illegal is prohibited. LBI reserves the right to block access to the Site, Services or Materials by certain international users. If you access the Site from a location outside the United States, you are responsible for compliance with all local Laws. 15. Limitation of Liability. a. IN NO EVENT SHALL LBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF LBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE LBI’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LBI OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. b. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. 16. Notification of Copyright Infringement. a. LBI respects the Intellectual Property Rights of others and expects its users to do the same. LBI will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification. b. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the LBI Site, on sites linked to or from this Site, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to LBI’s Copyright Agent (contact information below), which must contain all of the following elements: i. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney before you file your notice or consult publicly available reference materials such as those found at www.chillingeffects.org. c. If you believe access to your content was disabled or removed by LBI as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) to LBI’s Copyright Agent (contact information below), which must contain all of the following elements: i. A physical or electronic signature of the subscriber; Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney or consult publicly available reference materials. d. LBI’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: By mail: 2972 Northside Drive, Suite 100, Atlanta, GA 30305 By telephone: 404.784.1222 By fax: 440.809.2413 By email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it The Copyright Agent will not remove content from the LBI Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on sites linked to or from the Site, or in connection with the Services or Materials. All other inquiries directed to the Copyright Agent will not be responded to. Such inquiries should be made through the feedback procedure referenced in Section 9 or the report abuse procedure referenced in Section 21(h). 17. Export Control Laws. You acknowledge and agree that products, services or technology provided by LBI are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer LBI products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. 18. Indemnity and Liability. You agree to indemnify and hold LBI and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the Site, Services or Materials, your connection to the Site, Services or Materials, the actions of any member of your Group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Site, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights. 19. Resolution of Disputes. a. All matters relating to your access to, or use of, the Site, Services or Materials shall be governed by the Laws of the State of Georgia, without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against LBI must be resolved by a court located in Atlanta, Fulton County, Georgia, except as otherwise agreed by the parties, or as set forth in section (b) below. You agree to submit to the personal jurisdiction of the courts located in Atlanta, Fulton County, Georgia, for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. b. For any claim (excluding claims for injunctive or other equitable relief) for less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. c. All claims you bring against LBI must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, LBI may recover attorneys’ fees and costs up to U.S. $1,000, provided that LBI has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim. d. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Site, Services or Materials in violation of the Terms you agree that LBI shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 20. General. a. Any notice provided to LBI pursuant to the Terms should be sent to Licensing Brands Inc. 2972 Northside Drive, Suite 100, Atlanta, GA 30305, Attention: Vice President.
b. It is the express wish of the parties that the Terms, any Additional Terms and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais. c. LBI may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on the Site or within the Services, or other reasonable means now known or hereafter developed. d. The Terms constitute the entire agreement between LBI and you with respect to your access to or use of the Site, Services and Materials and supersede any prior agreements between you and LBI on such subject matter. e. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without LBI’s written consent. f. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. g. Any failure by LBI to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right. h. Please report any violations of the Terms via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs.
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