Effective Date: 2/14/2024
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING AND USING ANY IMPACT THEORY PLATFORM OR SERVICE OR THIS WEBSITE ( COLLECTIVELY “PLATFORM”), AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “USER”) AND IMPACT THEORY, LLC (“IMPACT THEORY”, “WE”, “US” OR “OUR”).
Welcome to Impact Theory! Impact Theory is a mission-driven, modern media company designed to create positive change in people’s lives through the relentless creation of entertaining and empowering content. Designed as an integrated studio, Impact Theory develops and produces video games, webcomics, film & TV, as well as world-class YouTube and podcast content that has garnered half a billion views on YouTube alone. Regardless of type, Impact Theory’s content underscores the company's mission to ensure the global spread of a growth mindset through ideas and entertainment.
Terms of Sale. By making any purchase with us, you also agree to the Terms of Sale found here, which are hereby incorporated into these Terms.
Impact Theory University Terms of Service. By enrolling in our Impact Theory University courses, you also agree the Terms of Service found here, which are hereby incorporate into these Terms.
Privacy Statement. Your personal information and privacy are important to us. You acknowledge and agree to the collection, use, and sharing of your personal information through the Site and while you use the Platform in accordance with our Privacy Statement found here, which is hereby incorporated into these Terms.
You agree that you have read, understood and agreed to be bound by all of the Terms.
Arbitration and Class Action Waiver. Please note that Section 17 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
Eligibility. By using or accessing our Platform in any manner, you agree to be bound by these Terms, and affirm, represent and warrant that (a) you are at least 18 years of age or have reached the age of majority in your jurisdiction and have the right, authority and capacity to agree to these Terms, and (b) your access and use of the Platform is permitted by, and shall not violate, any applicable laws, including those in your jurisdiction. You also represent and warrant that all information you provide to us is accurate, current, and complete, and that you will use the Platform only as set forth in these Terms. If you do not agree with the Terms or do not agree to be legally bound by all of the foregoing Terms, you are prohibited from visiting, accessing, or using the Platform.
Accessibility. We are committed to helping those with disabilities access the Platform. We strive to provide an excellent online experience for all our guests – including those with sight, hearing, and other disabilities. If you have difficulty using or accessing any element of the Platform or if you have any feedback regarding accessibility of the Platform, please feel free to contact us at [email protected].
Ownership of Content. Except for User Content (defined below), the Platform you have accessed and all of its contents as a whole and in part, including, without limitation, our logos, and all designs, text, articles, news stories, graphics, pictures, videos, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively “Content”) are protected by copyrights, trademarks, service marks, trade names, international treaties, and/or other proprietary rights and applicable laws, and are owned or controlled by Impact Theory, its affiliates and licensors. You agree to protect the proprietary rights of us and all others having rights in the Platform.
Rights and Licenses. To the extent Impact Theory approves the download or use of Content comprised of copyrights or copyrightable works, Impact Theory grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Impact Theory makes such Content generally available to the public. You acquire absolutely no ownership rights or licenses in or to the Platform, Content or materials contained within the Platform and/or Content, other than the limited right for you to access and use the Platform and/or Content for personal purposes only and in accordance with the Terms. Except for the limited license granted in these Terms, Impact Theory and its licensors retain and reserve all right, title, interest and all proprietary rights in and to the Platform and/or Content, including without limitation copyrights, patents, trademarks, service marks and trade names. Impact Theory may change, suspend, or discontinue any aspect of the Platform and/or Content at any time, without any liability or obligation to you. Impact Theory, its licensors and service providers reserve all rights not granted in these Terms.
Use of Trademarks and Other Marks or Rights. You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our partners’, affiliated entities’, licensors’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including but not limited to IMPACT THEORY, in any manner which creates the impression that such items (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any partners, affiliates, or their licensors; or (ii) are used with our licensors’, partners’, affiliates’, or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any such items.
Posting Content on the Platform. The Platform may provide you with the opportunity to submit, post, display, transmit or otherwise make available certain content, including messages, files, data, software, sound, videos, photos, graphics and other items, on or through the Platform (all of the foregoing, inclusive of all metadata relating thereto, but expressly excluding any Content, “User Content”). User Content is owned by you or whoever created it, but when you post User Content you license it to Impact Theory as described herein. By submitting, transmitting, posting, displaying or otherwise making available any User Content, you grant us a worldwide, irrevocable, perpetual, unrestricted, fully-transferable, non-exclusive, fully-sublicensable (through multiple tiers of sublicensees), royalty-free and paid-up license to use publicly display, transmit, distribute, exploit, publicly perform, and prepare derivative works of such User Content for our lawful business purposes, including to engage other Users, as well as to provide, promote, and improve the Platform, without obligation. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content. Impact Theory is not responsible for User Content others post to the Site. You acknowledge and agree that we may edit, modify or prepare derivative works of your User Content, or we may delete or remove any User Content.
User Conduct. You agree that, while using the Platform, you are solely responsible for the content or information you publish, display or otherwise communicate in any manner, or transmit to other users of the Platform. You will not post on the Platform, or transmit to other users, or otherwise communicate any defamatory, libelous, slanderous, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially, religiously or ethnically offensive, tortious or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You may link to the Platform provided that you do so in a way that indicates that the link is direct to the Platform and is fair and not misleading. You may not integrate or make use of all or part of the Platform in ways that would confuse or mislead visitors as to the nature and origin of the Platform’s content.
User Restrictions. You agree that, while using the Platform, you will not, and will not permit any third party to: (i) post or transmit through the Platform any material which contains advertising or any solicitation with respect to products or services; (ii) remove any proprietary notices, including copyright and trademark notices, or labels from the Platform on any materials accessed through the Platform; or (iii) reverse engineer, decompile, disassemble, modify or create works derivative of the Platform or any materials, including any trademark notices or labels from the Platform on any materials, accessed through the Platform. You are solely responsible for ensuring your use of the Platform is in compliance with all applicable foreign, federal, state and local laws, rules and regulations. All use of the Platform must be in accordance with these Terms. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Platform or any Content, information, data or materials provided through the Platform in any manner not expressly permitted by these Terms. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Platform; (ii) attempt to gain unauthorized access to any portion or feature of the Platform, including without limitation, data or materials not intended for you, the account of any other authorized user or any other systems or networks connected to the Platform or to any server used by Impact Theory, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) violate or attempt to violate the security of the Platform, including without limitation, probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, or breach the security or authentication measures on the Platform, or any network connected to the Platform; (iv) attempt to interfere with the Platform being provided to any user, host or network, including, without limitation, by means of submitting a virus to the Platform, overloading, “flooding,” “mailbombing” or “crashing” the Platform; (v) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Platform; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or systems or networks of Impact Theory or networks connected to the Platform; (vii) use any device, software, or routine to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform; (viii) use the Platform to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Platform; (x) create an intact reproduction of a page or pages of Platform into another service; or (xi) use the Platform in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Impact Theory.
User Content Monitoring. We reserve the right to monitor your use and to alter or revoke this license or your access to the Platform at any time and for any reason. We reserve the right to take down any User Content for any reason. You acknowledge that we reserve the right to delete, edit, block, correct, refuse to post or permanently remove from our systems any material that is believed to be unlawful, in breach of these Terms or that is otherwise objectionable, at our sole discretion.
License to Use Comments, Feedback and Ideas. You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including about how to improve the Platform (“User Ideas”). You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis. By submitting any User Ideas, you agree that we are free to use such User Ideas at our discretion and without additional compensation to you, and to disclose such User Ideas to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, royalty-free, irrevocable, fully-transferable, fully-sublicensable (through multiple tiers of sublicensees), non-exclusive, fully paid-up, worldwide license under all rights necessary for us to incorporate, use and improve upon your User Ideas for any purpose, without any payment to you.
Term and Termination. These Terms will take effect the moment you access or use the Platform and will be in effect until terminated as set forth below. The right to access the Platform will automatically terminate in the event you breach any of these terms. Termination will be effective without notice. You may terminate these Terms at any time by ceasing to use the Platform. All applicable provisions of these Terms as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Platform in your possession. The following will survive termination of these Terms for any reason: Impact Theory’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. YOU ACKNOWLEDGE THAT THE PLATFORM, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND LINKS CONTAINED IN THE PLATFORM, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON- INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY OF INFORMATION, ACCURACY OR COMPLETENESS OF DATA, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM. IMPACT THEORY DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, THIRD PARTY MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH LINKS ON THE PLATFORM. IMPACT THEORY DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT IMPACT THEORY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
We do not warrant that the Platform is compatible with your equipment or that the Platform, or e-mail sent by us or our representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Impact Theory and its partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by our negligence or that of our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Platform and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against us; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Platform caused by your computer equipment or arising from your use of the Platform on such equipment.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL IMPACT THEORY OR ITS PARTNERS AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE PLATFORM, THE CONTENT OR PRODUCTS, ANY THIRD PARTY MATERIALS OR PRODUCTS AVAILABLE OR SOLD ON OR THOUGH THE PLATFORM, OR ANY LINKS OR ITEMS ON THE PLATFORM OR ANY PROVISION OF THE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY CASE, THE ENTIRE LIABILITY OF IMPACT THEORY AND AFFILIATES AND LICENSORS UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO TWENTY-FIVE DOLLARS ($25).
Third Party Websites and Links. Impact Theory may allow access to third party information, products, services, and other materials (collectively “Third Party Materials”), including via links. The content of other websites, services, goods, advertisements, or other Third Party Materials that may be linked to or from the Platform are not maintained, endorsed or controlled by us. We are therefore not responsible for the availability, content, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, safety or accuracy of Third Party Materials, or any intellectual property rights therein, that may be linked to or from the Platform. In addition, the availability of any Third Party Materials through the Platform does not imply Impact Theory’s endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Such third parties may have a privacy policy and/or terms of use that are different from Impact Theory’s policy and may provide less security than Impact Theory. Notwithstanding anything to the contrary herein, Impact Theory is not responsible or liable for any such differences or discrepancies within the Third Party Materials. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Platform; (b) verify or guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, goods or other Third Party Materials that may be linked to or from the Platform; or (c) make any endorsement, express or implied, of any other websites, services, goods or other Third Party Materials that may be linked to or from the Platform. You agree to access these other websites, services, goods, advertisements or other Third Party Materials at your own risk. For the avoidance of doubt, this paragraph covers websites linked to or from the Platform. Any statements, opinions, or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s).
WE DISCLAIM ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR WEBSITES, SERVICES, GOODS, INFORMATION, ADVERTISEMENTS OR OTHER THIRD PARTY MATERIALS THAT MAY BE LINKED TO OR FROM, OR PROVIDED THROUGH, THE PLATFORM. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY US AS TO THE FITNESS OF THE WEBSITES, SERVICES, GOODS, ADVERTISEMENTS OR OTHER THIRD PARTY MATERIALS THAT MAY BE LINKED TO OR FROM THE PLATFORM. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR SOLE RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE OR PRIVACY POLICY OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless us and our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns harmless from and against any claim, suit, action, or other proceeding from and any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Platform, or any links on the Platform, including but not limited to: (i) any breach or violation of the Terms by you; (ii) material, information, or content submitted or provided by you, including any User Content; (iii) your misuse of the Platform; (iv) your negligence or willful misconduct; (v) any actual infringement or misappropriation of third party intellectual property rights related to content you provide, including in the form of User Content or User Ideas; or (vi) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Platform by you. We shall provide notice to you of any such claim, suit, or proceeding and may, but are not obligated to, assist you, at your expense, in defending any such claim, suit or proceeding. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.
Governing Law. The Terms shall be governed and construed in accordance with the laws of the United States and the State of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles, California with respect to any legal proceedings that may arise in connection with the Platform or from a dispute as to the interpretation or breach of the Terms and hereby waive any objection to the propriety or convenience of venue in such courts. These Terms constitute the entire understanding and agreement between Impact Theory and you with respect to the Platform contemplated in these Terms, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms, all of which are merged into these Terms. You may not modify, amend or alter in any way these Terms. In the event any provision of these Terms is found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms will remain valid and enforceable according to its terms. Any failure by Impact Theory to strictly enforce any provision of these Terms will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE PLATFORM AS CONTEMPLATED BY THESE TERMS SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF CALIFORNIA AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
Binding Arbitration Agreement. In the event of a dispute arising under or relating to these Terms (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All Disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com.
Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s 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. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Severability and Survival of Arbitration Agreement. Except as provided herein, if any part or parts of Sections 17 or 18 are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of such sections shall continue in full force and effect. Sections 17, 18, and this Section 19 will survive the termination of your relationship with us.
Severability of Terms. If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.
Assignment. These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction, notice or other obligation to you.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and no act, omission or delay by us will be deemed a waiver or release of any of our rights hereunder.
No Third Party Beneficiaries. Except as otherwise expressly provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Digital Millennium Copyright Act (“DMCA”) Notice. Impact Theory is committed to complying with copyright and related laws, and requires all users of the Platform to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Platform in any manner that constitutes infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Impact Theory to terminate use privileges of any user who repeatedly infringes the copyrights of others upon receipt of proper notification to Impact Theory by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, Impact Theory encourages you to contact Impact Theory immediately.
If you believe that any content appearing on the Platform has been copied and posted using the Platform in a way that constitutes copyright infringement, please provide a written communication containing the following information to the Copyright Agent named below:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.
The designated Copyright Agent to receive notification of a claimed infringement under Title II of the Digital Millennium Copyright Act is: [email protected] or 9595 Wilshire Blvd., Suite 900, Beverly Hills, CA 90212.
International Users. While the Platform is controlled and operated within the United States, this publication may be distributed internationally and may contain references to Impact Theory services, products, and programs that are not available in your country. These references do not imply that Impact Theory intends to announce or provide the programs, products, or services in your country. Impact Theory makes no representation that content, materials or products available on or through the Platform are appropriate or available for use outside of the United States. If you access or use the Platform from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use, and all other local, state and national laws, rules and policies, and U.S. export laws and regulations.
Modifications to the Terms. You agree and understand that we may change or modify part or all of the Terms without notice, and that we may update these Terms and any other document incorporated by reference therein at any time. Such modification shall be effective immediately upon posting to the Platform, and we have no obligation to inform you of changes to the Terms. Your access or use of the Platform after the posting of modifications to the Terms will constitute your acceptance of the modifications.