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.
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
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.
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.
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@example.com. 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 firstname.lastname@example.org. 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
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
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.
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
Waiver and Severability
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.