Web Terms of Use

TERMS OF SERVICE

Last Revised: September 31, 2020

The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor, a subscribed user or a LEO Buddy (“User”, “you” or “your”) and LEO regarding your use of the LEO website, LEO’s daily newsletter, email notifications or any related applications provided by us (collectively, the “Services”), and all content and features contained in the foregoing.

BY ACCESSING THE SITE, OR UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. 

Modifications to the Terms of Service

LEO, in its sole and absolute discretion, may make changes or modifications to the Site and Services or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) LEO may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site and Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, LEO may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current. 

Use of Website

You may only use the Website if you are 13 years of age or older. To register for an account, purchase products via the Website, subscribe to receive any content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website. To view information on our policy regarding the privacy of children, please see our Privacy Policy.

Pursuant to 47 U.S.C. Section 230(d) as amended, LEO hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries.

By visiting this Site or the Apps and communicating electronically with us, you consent to such transfers. LEO functions best when its Users follow a few simple rules. By accessing and/or using the Site or Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that: Your use of the Site and Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use this Site or Services in a manner (as determined by LEO in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable; you will not use this Site or Services for hate speech, hate crimes or violence; you will not use this Site or Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or Services; you will not copy or distribute in any medium any part of the Site or Services, except where expressly authorized by LEO; you will not access LEO Content or User Content (as those terms are defined below) through any technology or means other than through this Site, or as LEO may designate; you will not use this Site or Services, including any of LEO’s related technologies, for any commercial use without LEO’s express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

Additional provisions applicable to LEO Buddies

LEO Buddies are LEO’s brand ambassadors. Once you become a LEO Buddy, we may run programs to support and enhance our brand, which may include the award of prizes. As a LEO Buddy, or as a user of this Site or Services who is attempting to become a LEO Buddy, we expect that at all times you will not engage in any fraudulent or other activities that attempt to mislead, misrepresent or provide false or manufactured information, email addresses or other data, for purposes of obtaining LEO Buddy status, prizes or other recognition. In the event that we determine, in our sole discretion, that you have submitted any such false, misleading or manufactured information, email addresses or other data, we reserve the right to do any one or more of the following: (a) refuse you LEO Buddy status, (b) remove your LEO Buddy status, (c) refuse to deliver to you, or demand that you return, any prizes, awards or other recognition, (d) block you from accessing or otherwise using the Site or Services, (e) commence legal proceedings, and (e) report you to appropriate law enforcement authorities.LEO reserves the right to modify, change, or discontinue any aspect of this Site, the Apps or the Services at any time. 

Intellectual Property 

The content on this Site and Services, including without limitation the text (such as the articles found on our site or in our daily newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“LEO Content”), are owned by or licensed to LEO in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. LEO Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of LEO. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. LEO reserves all rights not expressly granted in and to LEO Content, this Site and Services, and this Agreement does not transfer ownership of any of these rights. If you violate any part of this Agreement, your permission to access and/or use LEO Content and the Site or Services automatically terminates and you must immediately destroy any copies you have made of LEO Content. 

The trademarks, service marks, and logos of LEO used and displayed on the Site and Services are registered and unregistered trademarks or service marks of LEO. Other company, product, and service names located on the Site, the Apps, the Services or any Beta Features may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with LEO Trademarks, the “Trademarks”). Nothing on the Site and Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of LEO Trademarks inures to our benefit. The Site and Services have been specially designed to present LEO Content in a unique format and appearance. We are concerned about the integrity of LEO Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Elements of the Site and Services  are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of LEO Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us. 

Copyright Infringement 

LEO has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is LEO’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders. Written Notification. If you believe that your content has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by emailing us at [email protected] LEO will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include LEO removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. All notices sent to LEO regarding matters other than informing LEO that a party’s copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
  • Identification of the material (i.e., the third party materials) that is claimed to be infringing 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 LEO to locate the material;
  • Information reasonably sufficient to permit LEO to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement, as follows: “I 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
  • A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 

If you believe that your work has been removed or disabled by mistake or misidentification, please notify our Copyright Agent by emailing us at [email protected] To be effective, a Counter Notification must be a written communication that includes substantially the following:

  • A physical or electronic signature of the User;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
  • The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the User’s address is located, or if the User’s address is outside of the United States, for any judicial district in which LEO may be found, and that the User will accept service of process from the person who provided notification or an agent of such person. 
  • Upon receipt of a valid Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and LEO will comply with this requirement within a reasonable time (or as otherwise required by law), provided LEO’s Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain User from engaging in infringing activity relating to the material on LEO’s network or system. 

To contact our Copyright Agent by regular mail, please write to: Copyright Agent / P.O. Box 65B / 7190 W Sunset Blvd / LA CA 90046

Privacy

We respect your privacy. By accessing or using the Website you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.

Consent to electronic communication

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Website as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

Links to Third-Party Websites 

This Site and Services may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Website from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by LEO only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms of Use and/or our Privacy Policy to govern your use of another website or destination.

We do not endorse, and LEO expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that LEO is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

Indemnity 

You agree to indemnify and hold harmless LEO, and its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to your breach of these Terms or your misuse of the Site and Services, LEO Content or any Feature. LEO reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Binding Arbitration and 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 Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by LEO at ITS sole discretion.  If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California.

Waiver and Severability

No waiver by LEO of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of LEO to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of this Agreement. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. 

Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Admissibility

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. 

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