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Terms of Service

LYRICAL LEMONADE NFT COMMUNITY TERMS OF SERVICE

Last Revised on [5/31/2022]

Welcome to the Terms of Service (these “Terms”) for the website, https://lyricallemonade.com/ (the “Website”), operated by or on behalf of Lyrical Lemonade (“Company”, “we” or “us”). The Website and any content, tools, features and functionality offered on or through our Website are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. You have the right to opt-out of arbitration as explained in Section 9.

TABLE OF CONTENTS

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TABLE OF CONTENTS

  1. The Services and Eligibility to use the Services

    1. Lyrical Lemonade NFTs. The Services allows you to purchase a collection of Lyrical Lemonade related NFTs (“Lyrical Lemonade NFTs”) whose ownership is recorded on the Polygon blockchain or such other blockchain that we may support from time to time. “NFT” means a blockchain-tracked, non-fungible token. If you Own Lyrical Lemonade NFT, your ownership is limited solely to ownership of the NFT and does not extend to the NFT Media (as defined below in Section 5.1), subject to your license in the Art Media as specified below.

      “Own” for purposes of the foregoing, means a Lyrical Lemonade NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.

      The purchase of a Lyrical Lemonade NFT may also allow you to access certain other features that may be made available from time to time, such as an online community portal on the Services where owners of Lyrical Lemonade NFTs can engage with each other, use various interactive features, and participate in events associated with their Lyrical Lemonade NFTs (collectively, such access and features, the “Additional Features”).

      For clarity, Company’s inclusion of the Additional Features does not imply or warrant that they will be available at any other time, and Company may cease providing such Additional Features at any time in its sole discretion.

    2. Eligibility. You must be at least 13 years of age or older to use the Services. Children under the age of 13 are not permitted to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. By using the Services, you represent and warrant that you meet this requirement. In furtherance of our policy of not collecting personal information from persons under the age of 13, Users are not allowed to give Company the personal information of any persons under the age of 13 for any reason.

    3. Wallets. All transactions for Lyrical Lemonade NFTs initiated through our Services require you to use third party non-custodial digital wallets or semi-custodial wallets (together, the “Wallets”), such as Mojito Wallet. By using our Services, you agree that you are governed by the terms or service and privacy policies of those Wallets that you choose to use. You are solely responsible for keeping your Wallet and any private keys necessary to decrypt your Wallet secure and you should never share your Wallet seed phrase or private keys with anyone else via the Services.

      We have no ability to help you access or recover your private keys for your Wallet, so please keep them in a safe place. 

      By using such Wallets to conduct such transactions via the Services, you agree that you are governed by the terms of service and privacy policy for the applicable Wallets, and that Company has no responsibility, liability, or responsibility to you in any way arising from your use of such third-party Wallets, including for any security failures or other errors or failures of such Wallets.

    4. Secondary Marketplaces and Third-Party Platforms. You may be able to buy, sell, trade, and transact the NFT’s in Lyrical Lemonade online platform or secondary marketplaces that we or our affiliates may operate, or via the secondary marketplaces of third-party platforms.

      We may not be able to control the actions of secondary marketplaces of third-party platforms and make no promises or guarantees of any kind regarding such third-party marketplaces.

      You also acknowledge and agree that we may implement a transaction fee on any secondary sale of Lyrical Lemonade NFTs, and such transaction fees may be incorporated into the smart contracts for such NFTs or in our agreements with such marketplaces.

  2. User Accounts

    1. Creating and Safeguarding your Account. To use certain of the Services, you need to create an account (“Account”). You can create an Account by linking your Wallet address to the Website, and providing an email address and password that will be associated with your Wallet address. You agree to provide us with accurate, complete, and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password and Account.

      1. Your Account or your Wallet is being used for illegal money laundering or for any other illegal activity;

      2. You have concealed or reported false identification information and other details; or

      3. Transactions effected via your use of the Services were made in breach of these Terms.

       

      We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at [contact@lyricallemonade.com ] if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. Company may require you to provide additional information and documents regarding your use of the Services, including at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering, or for counteracting financing of terrorism.

      Company may also require you to provide additional information and documents in cases where it has reasons to believe that:

  3. Purchases via the Services

    1. Purchases of Offerings. The Services may permit you to purchase and sell NFTs and certain other products or services through the Services such as physical merchandise related to NFTs (“Offerings”).

      All purchases of Offerings via the Services are non-refundable unless specified by the applicable seller of the Offering.

      You acknowledge and agree that all payment information you provide with regards to a purchase of Offerings is accurate, current and complete. When you purchase Offerings, you agree to pay the price for such Offerings as set forth in the applicable listing for the Offering, and all processing fees, network fees (including gas fees) and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”). 

      All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. In certain cases, your transaction may not be successful due to an error with the blockchain or the Wallet.

      We accept no responsibility or liability to you for any such failed transactions, or any transaction or gas fees that may be incurred by you in connection with such failed transactions.

    2. [Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Company; (d) may be disabled or have additional conditions applied to them by Company at any time for any reason without liability to Company; (e) may only be used pursuant to the specific terms that Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.]

  4. Location of our Privacy Policy

    1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at [https://lyricallemonade.com].

  5. Rights We Grant You

    1. License Grants.

      1. Services License. Subject to your compliance with these Terms, Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable (except in the case of a transfer of a Lyrical Lemonade NFT by you to another purchaser), and non-exclusive license to use the software provided to you as part of the Services, provided that the license for any digital media, artwork, designs, or content that is associated with any Lyrical Lemonade NFT (“NFT Media”) is solely as set forth in Section 5.1(b) below. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Company, in its sole discretion, may elect to take.

      2. NFT Media License. Subject to your compliance with these Terms, for as long as you Own a Lyrical Lemonade NFT, Company hereby grants to you a non-exclusive right and license to use, copy, adapt, display, and create derivative works of the NFT Media associated with such Lyrical Lemonade NFT (i) for your personal use and (ii) in connection with your sale or offer for sale of your applicable Lyrical Lemonade NFT on a marketplace that cryptographically verifies each NFT owner’s rights to display the art for their purchased NFTs to ensure that only the actual owner can display the art. If you sell or transfer your Lyrical Lemonade NFT, you will no longer be granted the foregoing license in the NFT Media that is associated with such Lyrical Lemonade NFT, and such license will transfer to the new owner of the Lyrical Lemonade NFT.

    2. Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

      1. duplicate, decompile, reverse engineer, disassemble, or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

      2. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

      3. use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services or impersonate a real-person or to engage in multiple transactions via the Services;

      4. access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;

      5. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

      6. circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;

      7. use any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same;

      8. introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;

      9. use the Services for illegal, harassing, unethical, or disruptive purposes;

      10. violate any applicable law or regulation in connection with your access to or use of the Services; or

      11. access or use the Services in any way not expressly permitted by these Terms.

  6. Ownership and Content

    1. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Company and/or its licensors own all right, title and interest in and to the Services (including the NFT Media, any and all intellectual property rights in the Services and NFT Media) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including the right to create derivative works.

    2. identification of the copyrighted work that is claimed to be infringed;

    3. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;

    4. information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;

    5. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

    6. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

    7. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

  7. Third Party Services and Materials

    1. Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites (such as Twitter, Discord, and secondary NFT marketplaces).

      By using the Services, you acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

  8. Disclaimers, Limitations of Liability, and Indemnification

    1. Disclaimers

      . Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, service providers and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) the operation or compatibility with any other application or any particular system or device; and (c) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (d) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

    2. Limitations of Liability

      . TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR YOUR CONTENT POSTED ON THE SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    3. Assumption of Risks

      1. You acknowledge and agree that there are risks associated with purchasing and holding NFTs and using blockchain technology. These including, but are not limited to, risk of losing access to NFT due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks.

      2. The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Each Lyrical Lemonade NFT has no inherent or intrinsic value. You acknowledge and affirm that you are collecting, trading, or purchasing Lyrical Lemonade NFTs for purposes of acquiring digital collectibles for your personal use and enjoyment, and not for any investment or speculative purposes. Any economic benefit that may be derived from appreciation in the value of a Lyrical Lemonade NFT is incidental to obtaining it for its collectible purpose. You agree that Lyrical Lemonade NFTs are not to be used as a substitute for currency or medium of exchange, resale, or redistribution and that you are not acquiring any equity or other ownership or revenue sharing interest in Company, its affiliates, or any brand as a result of your acquisition of Lyrical Lemonade NFTs.

      3. We will use commercially reasonable efforts to deploy secure and functional smart contracts underlying Lyrical Lemonade NFTs minted directly by us.

        However, we will not be liable or responsible to you for any failure in the intended function of such smart contracts, or any bugs, viruses, exploits, logic gaps, or malicious code which may be incorporated into any such smart contracts, or which could be used to commit fraud or otherwise cause harm. You acknowledge that you have obtained sufficient information to make an informed decision to purchase a Lyrical Lemonade NFT, including carefully reviewing the code of the smart contract and the Lyrical Lemonade NFT, and fully understand and accept the functions of the same.

        Further, we will not be liable for any failure or removal of the storage system used to store any NFT Media that is linked to or associated with Lyrical Lemonade NFTs, or for any failures in the underlying blockchain on which the Lyrical Lemonade NFTs ownership may be recorded.

      4. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the potential utility or value of your Lyrical Lemonade NFT(s). Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks may have unintended, adverse effects on all blockchains, including any that are related to your Lyrical Lemonade NFT(s).

      5. Any purchase or sale you make, accept, or facilitate outside of the Website of any Lyrical Lemonade NFT(s) will be entirely at your risk. We do not authorize, control, or endorse purchases or sales of Lyrical Lemonade NFTs outside of the Website. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in any Lyrical Lemonade NFTs outside of the Website.

    4. Indemnification

      . By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Your Content, or (e) your negligence or wilful misconduct.

  9. Arbitration and Class Action Waiver

    1. Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

    2. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Company’s services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim.

      You and Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMSunder its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Any arbitration will be conducted in the English language and the seat of the arbitration shall be Los Angeles, California. Notwithstanding the foregoing, you and Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

    3. Waiver of Class Actions and Class Arbitrations. You and Company agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations.

      Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.

    4. Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.

      If the value of your claim does not exceed ten thousand dollars ($10,000), Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of two hundred fifty dollars ($250) or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you.

      You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

    5.  Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [contact@l3monworldwide.com ]. The notice must be sent to Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Company also will not be bound by them.

  10. Additional Provisions

    1. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

    2. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by Company will terminate automatically. Additionally, Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, or termination of your access to the Services for any reason, Company may, but is not obligated to, delete any of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Company or you. Termination will not limit any of Company’s other rights or remedies at law or in equity.

    3. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Company for which monetary damages would not be an adequate remedy and Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

    4. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

    5. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Services, including operating the Website, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God, flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.

    6. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Company but may not be assigned by you without the prior express written consent of Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in California. You and Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

    7. How to Contact Us. You may contact us regarding the Services or these Terms by e-mail at [contact@l3monworldwide.com].