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TERMS OF USE OF EINZTEIN.COM


1. BINDING EFFECT. This is a binding agreement. By using any Internet site located at www.einztein.com, einztein.com, beta.einztein.com, www.beta.einztein.com, www.einztein.net, or einztein.net (each, an “Einztein URL,” and collectively, the “Site”) or any content or services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Einztein, LLC (“we,” “us” or “Company”) from time to time in its sole discretion. Although we may attempt to notify you when major changes are made to these Terms of Use, you should nevertheless periodically review these Terms of Use from time to time to make sure you are in agreement with the most up-to-date version. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site and the services we offer. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE OR ANY SERVICES WE OFFER.  YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE TO USE THE SITE AND TO ENTER INTO THIS AGREEMENT, WHICH CREATES BINDING LEGAL OBLIGATIONS FOR LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SITE

2. CONTACT INFORMATION. If you have any questions concerning us, the Site, these Terms of Use, or anything related to any of the foregoing (other than allegations of copyright infringement, for which you should contact us as set forth in Section below), we can be reached at the following address: 

Einztein, LLC
920 Santa Monica Blvd
Santa Monica, CA 90401
info@einztein.com

3. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking on the “Privacy” link at the bottom of any page of the Site. Our privacy policy is expressly incorporated into these Terms of Use by this reference, and your use of the Site indicates your agreement to our privacy policy as part of these Terms of Use.  If there is any conflict between these Terms of Use and the privacy policy on any matters relating to the privacy of your personal information, the terms of the privacy policy will prevail. 

4. CONFIDENTIALITY OF PASSWORDS.  If at any point you are required to open an account to use or access the Site or any of its content or services, you will be required to complete a registration process by providing the complete and accurate information requested on the registration form. In addition to giving us your name and email address, you may also be asked to provide a user name and password. You will be entirely responsible for maintaining the confidentiality of your password. You will not use the account, email address, name, or password of someone else at any time. You agree to notify us immediately on any unauthorized use or suspicion of unauthorized use of your account, name, email address or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. 

5. USE OF SOFTWARE. Use of some of the features offered on the Site may require you to use software provided by or operated from the Site, and on occasion we may make certain software available to you from the Site. To the extent you use such software or download such software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us (or, if applicable, by our licensors), for your personal, noncommercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by the Company or its licensors or business partners, and you may not copy or use them in any manner except as they appear to you as you use the Site and its services and content.  If you are required to leave the Site in order to download any software from a website operated by a third-party, the terms set forth in this paragraph may be superseded by the license that you are required to execute or other terms that apply when you download and/or install the third-party software. 

6. SITE CONTENTS. The contents of the Site are intended for the personal, noncommercial use of its users, and all materials published on or available from the Site are protected by copyright, trademark and other applicable intellectual property laws.  Copying, storing or using any Site content for any use other than your personal, noncommercial use is expressly prohibited without the Company’s prior written consent or the prior written consent of the copyright owner identified on the Site (if someone other than the Company.)   

7. USER MATERIALS.  Certain areas of the Site, and many of the services we offer from the Site, depend on or benefit from content provided by our users, and may allow interaction by and among Site users by permitting those users to participate in forums, submit comments, and provide posts and other content to the Site.  As a result, you may from time to time have the opportunity to provide Company with content that you generate in connection with your participation in the aforementioned services, and certain, important terms and conditions apply to any such content that you elect to provide, as follows: 

7.1 USER CONTENT DEFINED.  As used in these Terms of Use, “User Content” refers to any comments, messages (whether text, email, video, multimedia or otherwise), suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, and/or other similar materials that you submit, post, upload, transmit, display, communicate or otherwise distribute on or through the Site, as well as any names (whether yours or someone else’s), likenesses, voices, usernames, user profiles, favorite teams, favorite players, appearances, and/or other biographical information that may be included in any of the foregoing.  User Content also includes any and all ideas, concepts, inventions, instructions, methods or processes that are underlying or incorporated into any materials that you provide to or through the Site.    

7.2 LICENSE GRANT.  By submitting, posting, uploading, transmitting, displaying, communicating, or otherwise distributing User Content to or through the Site, you are granting us and our licensees, distributors, partner websites, advertisers, agents, representatives and other authorized users a worldwide, perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license in any and all media under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights and other proprietary rights that you own or control in the User Content as follows: 

(a) We may use, reproduce, transmit, display, publicly perform, distribute, comment on, modify, create derivative works of and otherwise exploit your User Content, in whole or in part, in all tangible and electronic formats whether now known or hereafter developed, and we may do so on the Site, through the services we offer, on the websites of our business partners and on other third-party websites, through books, magazines, newspapers, film, television, wireless and mobile platforms, in products that we or others develop (including products developed after the date of your contributions), at conferences and with educational institutions, and on physical media of any kind; however, we will notify you and seek your permission when User Content is kept in areas that are designated “private.”  

(b) We can use your User Content both internally and externally and for any and all purposes as we may determine in our sole discretion, including, without limitation, for marketing and promotion, for advertising, for entertainment, for news and information, and for development and improvement of the Site and of the websites of our business partners, and we can do so without further notice to you, and without obtaining your permission or owing or making any payment to you or to any other person or entity for such use; however, we will notify you and seek your permission when User Content is kept in areas that are designated “private.”  

(c) Under no circumstances will we have any obligation to compensate you for any use we may make of your User Content. If you have provided us with your name and/or likeness or otherwise used your name and/or likeness to identify your User Content, we may elect to publish or otherwise disclose your name and/or likeness in connection with your User Content, but we will have no obligation to do so. 

(d) By providing User Content to the Company or to or through the Site, you represent and warrant to us that you own the rights to the User Content or are otherwise authorized to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content, and you further represent, warrant and agree that your User Content and your submission thereof is in compliance with the rules of conduct and other requirements set forth in Section below and with all other terms of these Terms of Use. 

8. USER CONDUCT. 

8.1 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the services it offers, and when providing any User Content to or through the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content in violation of any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. 

8.2 INAPPROPRIATE CONTENT. You will not submit, post, upload, transmit, display, communicate, or otherwise distribute any User Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that promotes hate, violence or unlawful discrimination; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is intentionally designed to mislead, disparage or embarrass others, or that reveals private information about others without their consent; (d) violates any of the prohibitions set forth in Section below; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your ability to provide and/or receive of any such material using the Site or its services, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. 

8.3 PROHIBITED USES. In addition to the foregoing, we impose certain restrictions on your permissible use of the Site and the services and content we offer. You are prohibited from violating or attempting to violate any security features of the Site or any Einztein URL, including, without limitation, (a) accessing content or data not intended for you, logging onto a server or account that you are not authorized to access, or providing false or deliberately inaccurate information about yourself when you register for an account with us; (b) attempting to probe, scan, or test the vulnerability of the Site or any Einztein URL or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from the Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or any Einztein URL, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Site or any Einztein servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or the services and content we offer. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the Site. 

8.4 ALLEGED VIOLATIONS; TERMINATION OF ACCESS. We reserve the right to terminate your use of the Site or any service we offer at any time and for any reason (including for no reason). To ensure that we can provide a high quality experience for you and for other users of the Site, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the services we offer.  We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site by others. 

9. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the services we offer. We have adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:  

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it in writing to the Company’s designated agent, who may be reached at the following address:

Copyright Agent
Einztein, LLC
PO Box 5472
Santa Monica, CA 90409
copyright@einztein.com
Fax: 1-303-362-8031

    10. NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLEAS ISWITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT OR SERVICES IT OFFERS OR ALLOWS YOU TO ACCESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  THE COMPANY DOES NOT WARRANT THAT THE SITE OR ANY CONTENT OR SERVICES IT OFFERS OR ALLOWS YOU TO ACCESS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE

    11. FURTHER DISCLAIMER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE HAVE CREATED THIS SITE FOR THE PURPOSE OF PROVIDING CONTENT THAT WE BELIEVE TO BE HELPFUL AND EDUCATIONAL FOR OUR USERS AND THEIR NEEDS AS RELATED TO THE INFORMATION THAT THIS SITE PROVIDES, AND WHILE WE EXERCISE REASONABLE EFFORTS TO MONITOR THE INFORMATION ON THIS SITE AND TO UPDATE THE SITE REGULARLY, YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL INCLUDED HERE, OR ON ANY SITE ACCESSIBLE FROM HERE.  YOU MUST USE YOUR OWN SKILL AND CARE IN USING THE SITE AND ANY INFORMATION THAT MAY BE AVAILABLE FROM THE SITE

    12. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ITS CONTENT OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY.  This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. 

    13. LINKING POLICY. We welcome links to the Site. Links may resolve to the home page of any Einztein URL or to specific pages within the Site, provided that we reserve the right to withdraw permission for any link to the Site and to change this linking policy at any time.  In addition: 

    13.1 Links must lead to whole pages within the Site; direct linking to partial pages or individual files (i.e. image files, multimedia files, etc.) is not permitted; 

    13.2 Links must not generate any framing of the Site’s pages and files, or otherwise cause the Site or any portion thereof to appear in the framesets of external sites; and 

    13.3 Links to the Site must not assert or imply an endorsement by or affiliation with Einztein. 

    14. THIRD-PARTY SITES AND CONTENT. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites and associated content may be linked with or available on or from within the Site.  We also may make available content from third-part sites with which we have no formal relationship, but which offer content that we believe will be of interest to our users.  Because neither the Company nor the Site has control over the content and performance of any of these third-party sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. 

    15. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site and the services it offers. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or its servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or its services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the Site. 

    16. INDEMNITY. You agree to indemnify us and our business partners for certain of your acts and omissions. You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. 

    17. COPYRIGHT. All contents of the Site are: Copyright © Einztein, LLC and its licensors.  All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact us at the address set forth in Section above. 

    18. GOVERNING LAW. These Terms of Use will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Site or any transactions related to these Terms of Use. 

    19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. 

    20. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of our trademarks, service marks, or logos, or the trademarks, service marks, or logos owned by any third party. 

    21. CALIFORNIA USE ONLY. The Site is controlled and operated by the Company from its offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. 

    22. MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site or any of the services it offers; and (c) discontinue the Site or any of its services at any time. We will post any revision to these Terms of Use to the Site, and the revision will be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you will abide by any such revision. 

    23. ACKNOWLEDGEMENT. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM

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