Heir Labs, Inc
Terms of Service
Last updated: October 26, 2023
Our Terms of Service (“Terms”) are a legally binding agreement between you and HEIR Labs, Inc., (“HEIR”, “we”, or “us”). Our Terms govern your access to and use of our website (the “Website”), products, and services, including their web interfaces, application programming interfaces (“APIs”), and other software, tools, services, documentation, content, intellectual property, all subdomains, subscription platforms, social media platforms, and mobile applications, non-fungible tokens (“NFTs”) and functionalities that we may make available to you (collectively, our “Services”).
By accepting our Terms on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to bind the company, organization, or other entity on whose behalf you are accepting our Terms—you and such entity, collectively, are “you” in this case—and you agree on behalf of that entity that such entity is bound by our Terms. If you are accepting our Terms for yourself, then you agree to be personally bound by our Terms—you individually are “you” in this case.
These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. Your use of our Services as an athlete contracted to provide content (an “Athlete User”) is governed by the Athlete Terms of Service (the “Athlete Terms”).
1. Changes to Terms
We may revise and update our Terms from time to time in our sole discretion. We also reserve the right to modify or terminate any special offers at any time and to revoke special offers at our direction for any reason or no reason whatsoever. All changes are effective immediately when we post them, and apply to all access to and use of the site thereafter. It is our policy to post any changes we make to these Terms on this page with a notice on the site’s home page. It is your responsibility to check this page periodically for changes. If you continue to use the Services after we post the updated Terms on the Services or otherwise give you notice of such changes, it means that you accept and agree to the updated Terms. If you do not accept the updated Terms, you must not continue to access or use the Services.
Questions about these Terms should be sent to us at email@example.com.
To access or use the Services, we may ask you to register for an account (“Account”) and provide certain information to us. Any such information must be correct, current, and complete. You agree that we may use this information to communicate with you about our Services and that our communications to you will satisfy any requirements for legal notices. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Services.
You may use Services only if you are at least 12 years of age. We do not knowingly market or sell products or services for purchase by children. You may buy products or services from Heir Labs only if you are legally capable of forming a binding contract with Heir Labs (or if you are over 12 years old but under 18 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction. By using this Service, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Services.
You acknowledge that your account is specific to you. You must keep all passwords and other credentials to access or use our Services confidential and not disclose them to any other person or entity. You also must not provide any other person or entity with access to our Services using your account credentials. You are responsible for all activity occurring under your account or with the use of your access credentials, and you agree to notify us immediately if you become aware of any unauthorized access to or use of your account or access credentials by sending an email to firstname.lastname@example.org. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Services account.
You may close your account anytime by contacting us at email@example.com.
You may use Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You may not use the Service or our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services. The intellectual property rights in all software and content (including videos, photographic images, other graphics, and User Submissions (as defined below) made available to you on or through the Service are and shall remain the property of HEIR and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by HEIR and its licensors. You may store, print, and display the content supplied solely for your own personal use, both digitally and physically. You are not permitted to manipulate or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on Services, nor may you use any such content in connection with any business or commercial enterprise without HEIR permission.
(b) Feedback. We appreciate feedback, comments, ideas, proposals, and improvement suggestions. If you provide any of these things, we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with HEIR; (iv) represent that output from the Services was human-generated when it is not or otherwise violate our Usage Policies; (v), send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by HEIR.
(d) Third Party Services. Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third-party products. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
(e) Crypto Wallet Services: We use a third-party blockchain wallet (the “Crypto Wallet”) that can be linked to your account on the Services (your “Account”) for storing and transferring Blockchain Assets. Use of the Crypto Wallet will be subject to the terms, conditions and privacy policies of the blockchain wallet provider (“Wallet Provider”) in addition to these Terms.
HEIR cannot and will not be responsible for any Blockchain Assets that have been transferred to your custody or to the custody of any third party designated by you. YOU ARE RESPONSIBLE FOR PROTECTING AND PRESERVING YOUR CRYPTO WALLET’S CREDENTIALS, INCLUDING ANY USER NAMES, PASSWORDS, PINS AND SEED PHRASES. HEIR LABS CANNOT RECOVER YOUR BLOCKCHAIN ASSETS IF YOU LOSE ACCESS TO YOUR CRYPTO WALLET. HEIR LABS WILL NEVER ASK YOU FOR YOUR CRYPTO WALLET’S PASSWORD, PIN OR SEED PHRASE.
We may provide you with access to third-party tools, including the Crypto Wallet, (the “Tools”) over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such Tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party Tools.
Any use by you of optional Tools offered through Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which Tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features which will also be subject to these Terms.
If HEIR is holding any of your Blockchain Assets in your Crypto Wallet, and Heir Labs has no record of you accessing the Services for several years and is unable to contact you, applicable law may require HEIR to deliver any such Blockchain Assets to the applicable state or jurisdiction as unclaimed property.
You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, HEIR hereby allows you to store, print, and display the content supplied solely for your own personal use, both digitally and physically. HEIR may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
You are solely responsible for all Inputs you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and compliant with all applicable laws, rules, and regulations. You agree you will not provide Inputs that (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
By submitting Inputs through the Services, you hereby do and shall grant Heir Labs a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Inputs in connection with this Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services.
Due to the nature of machine learning, Output may not be unique across users, and the Services may generate the same or similar output for HEIR or a third party. Responses that are requested by and generated for other users are not considered your Content. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services and our third-party integrations to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in incorrect Output.
We are not responsible if information made available is not accurate, complete, or current. The material in the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials is at your own risk. Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to Services.
5. Third-Party Intellectual Property Rights
All play videos, team images, and player images (“Sports Entities”) are the property of the National Basketball Association and their teams, their broadcast partners, their league partners, and their third-party vendors. HEIR’s use of these Sports Entities is conducted through a video content capacity, and HEIR Labs, Inc is not exploiting these Sports Entities for commercial benefit. HEIR Labs, Inc is not associated with the National Basketball Association.
6. Purchase and Payments
(a) Purchase: We may advertise or offer products, services, or other opportunities (each, a “Product”) through the Service. If you wish to purchase Products (including but not limited to NFTs, Tokens, subscriptions, and customized videos), you will be asked to supply certain information, including but not limited to credit card or other payment information. You warrant that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when you place your order. Credit card orders for physical items shipped to a location other than your billing address may require additional verification. We will collect sales on orders shipped to jurisdictions where we are required to collect such taxes. We only sell Products to individuals who can purchase with a permitted payment method. We only ship physical items to the United States. Accessing the Service from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any Product ordered through the Service.
(b) Price. All prices and availability of Products are subject to change without notice. The price and liquidity of blockchain assets sold by Heir Labs, including NFTs (“Blockchain Assets”), are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect Blockchain Assets, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Blockchain Assets. Blockchain Assets are not legal tender and are not backed by any government. Transactions in Blockchain Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in Blockchain Assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. The value of Blockchain Assets may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Blockchain Assets, which may result in the potential for permanent and total loss of value of a particular Blockchain Asset should the market for that Blockchain Asset disappear.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding Blockchain Assets, including the suitability and appropriateness of a purchase of Blockchain Assets. You represent and warrant that you are knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies, including without limitation NFTs and Tokens. You have conducted your own thorough independent investigation and analysis of the Services, the blockchain(s), NFTs, Tokens, and other Blockchain Assets and Products offered by Heir Labs and have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of Heir Labs in connection therewith, except as expressly set forth by us in these Terms.
You agree and understand that you access and use Services Site at your own risk; however, the statements made herein do not disclose all of the risks associated with Blockchain Assets and other digital assets. You hereby acknowledge that certain data, the Blockchain Assets, cryptocurrency, and other digital assets may incur losses, including without limitation, due to (i) errors or malfunctions of the Services or the Site or other third-party equipment, network, software and/or services, (ii) actions or omissions by you or third parties, including the transfer, loss, or inability to demonstrate control of any Blockchain Asset, and (iii) hacking, theft and malicious acts. Furthermore, we cannot and do not guarantee or warrant that any Blockchain Assets will appreciate in value, and we will not reimburse you or any third party for any losses due to any depreciation in value of any Blockchain Assets. You acknowledge and agree that such risks may lead to a loss and accept that Heir Labs shall have no liability whatsoever in relation thereto. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Blockchain Assets, however caused.
(c) Order size: Given the popularity of some Products, we reserve the right to limit the quantities of items that can be purchased.
(d) Order acceptance: The advertisement of any Product through the Service does not constitute an offer to sell. When you place an order through the Service, you make an offer to buy the relevant Product(s). Your order or your receipt of an electronic or other form of order confirmation does not constitute our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any Product. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order, as determined by us in our sole discretion.
(e) NFT purchase: When you purchase any NFT from Heir Labs, a secondary exchange partners of Heir Labs’, or any other distribution partner, you agree that you CANNOT (1) make copies of any or all of the NFT; (2) create new “derivative works” based on your NFT (i.e., works that are substantially based on or derived from the NFT; (3) use the NFT in any manner that would violate any party’s trademark rights, copyrights, or other intellectual property rights; (4) use the NFT in any manner that would tarnish or disparage an athlete or anyone else (e.g., no uses in materials that constitute pornography or hate speech); and (5) use the NFT in any manner that would suggest that an athlete has endorsed or sponsored your business activities.
7. Term and Termination
(a) Termination: These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 7 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 3 (Usage), 9 (Dispute Resolution) or 10 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
(b) Effect on Termination: Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. All provisions that by their nature are intended to survive termination shall so survive.
8. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity: You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
(b) Disclaimer: THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
(c) Limitations of Liability: WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. ONCE WE HAVE TRANSFERRED A BLOCKCHAIN ASSET TO THE CRYPTO WALLET YOU HAVE SPECIFIED, HEIR LABS WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY ASSOCIATED WITH YOUR SUBSEQUENT LOSS OF SUCH BLOCKCHAIN ASSET OR INABILITY TO ACCESS OR USE SUCH BLOCKCHAIN ASSET FOR ANY REASON.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HEIR LABS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT THAT YOU HAVE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50).
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HEIR LABS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGES ARE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
9. Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION. You and HEIR agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out this form within 30 days of agreeing to these arbitration terms or the relevant changes.
(b) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against HEIR, you agree to try to resolve the dispute informally by sending us notice at firstname.lastname@example.org of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.
(c) Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, HEIR will pay them for you. HEIR will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in San Francisco, California or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, except a California court has the authority to determine (i) the scope, enforceability, and arbitrability of this section, including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
(e). Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
(f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
(g) Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against HEIR or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.
(h) Severability. If any part of this Section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.
10. General Terms
(a) Relationship of the Parties: These Terms do not create a partnership, joint venture or agency relationship between you and HEIR or any of HEIR’s affiliates. HEIR and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
(b) Use of Brands: You may not use HEIR’s or any of its affiliates’ names, likeness, logos, or trademarks, without our prior written consent.
(c) Copyright Complaints: If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers and take other action that we deem appropriate, in our sole discretion.
4859 West Slauson Unit A #379
Los Angeles, CA 90056-1288
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you do not follow these requirements, your notice may not be valid.
Once a proper, bona fide notice of copyright infringement is received by our Copyright Agent (as defined below), we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
(d) Waiver and Severability: If you do not comply with these Terms, and HEIR does not take action right away, this does not mean HEIR is giving up any of our rights. Except as provided in Section 9, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
(e) Equitable Remedies: You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to HEIR and its affiliates, and HEIR shall have the right to seek injunctive relief against you in addition to any other legal remedies.
(g) Jurisdiction, Venue and Choice of Law: These Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of California, without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to the Terms or the Service (including the purchase of Products via the Service) shall be resolved exclusively in the state or federal courts located in California. You hereby irrevocably consent to personal jurisdiction, venue, and the exclusive jurisdiction of any such court over any such dispute. Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Service (including the purchase of Products via the Service) must be commenced within one (1) year after the claim or cause of action arises.