I-Novae Studios, LLC
Limited Right to Use; Copyright and Trademarks
INovaeStudios solely owns and operates the Services. Except for User Content, all of the content included on the Services, including the text, photographs, graphics, video and audio content, logos, icons, screens and configurations, is the property of INovaeStudios and is protected by U.S. and international copyright and trademark laws, and all software used on the Services is the property of INovaeStudios or its software suppliers and is also protected by U.S. and international copyright laws. The trademarks, service marks and logos of INovaeStudios and others used in the Services (“Trademarks”) are the property of INovaeStudios and their respective owners. Users have no right to use any such Trademarks, and nothing contained in the Services or the Terms grants any right to use any Trademarks without the prior written consent of INovaeStudios or their respective owner. Materials that are viewed, printed and/or downloaded from the Services are to be used only for personal use and may not be used for any commercial purposes. No materials may be copied, reproduced, modified, republished, uploaded, posted, distributed or transmitted, without prior written consent from INovaeStudios. The use of such materials is strictly prohibited as such unauthorized use may violate copyright, trademark or other laws. Users do not acquire any ownership rights by printing or downloading any information or using the Services.
In the Terms, we refer to fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Contributors and all other users of and visitors to the Services are referred to collectively as “Users” and individually as “User” or “you.”
INovaeStudios leverages online crowdfunding Campaigns to fund the development of its products and services. INovaeStudios may offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks”) to Contributors. Perks are not offered for sale. INovaeStudios makes no representations about the quality, safety, morality, legality, truth, or accuracy of User Content (as defined below) posted on the Services. INovaeStudios does not represent that it will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933, as amended), and I-Novae Studios, LLC is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. INovaeStudios reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
INovaeStudios is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services;
- take any action that imposes, in INovaeStudios sole discretion, an unreasonable load on INovaeStudios’ infrastructure; or
- represent products created by others as your own creation, or act as a reseller of other’s products.
INovaeStudios reserves the right to remove Campaigns and terminate User Accounts for such activities.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify INovaeStudios immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information INovaeStudios may reasonably request and to answer truthfully and completely any questions INovaeStudios might ask to verify such User’s identity.
Users agree to use the Services only for lawful purposes. Users agree not to take any action that might compromise the security of the Services, render the Services inaccessible to others, otherwise cause damage to the Services or interfere with the rights of third parties.
License to Users
INovaeStudios grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
Contributors are solely responsible for asking questions and investigating Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. INovaeStudios does not guarantee that Contributions will be used as promised, that INovaeStudios will deliver Perks, or that the Campaign will achieve its goals. INovaeStudios does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality, legality, truth, or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we pay Service fees as a portion of the Contributions raised (the “Service Fees”). By using the Services Users agree to our Service Fees consisting of a 3% - 5% payment processing fee deducted from each of User's individual Contributions. This fee goes to the payment processor and is not collected by INovaeStudios. Changes to Service Fees are effective after we post notice of the changes on our website. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Contributors may contact INovaeStudios at firstname.lastname@example.org to request a refund. Contributions are used for the development of the products and services described by a Campaign and INovaeStudios makes no guarantee that it will refund a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
While using the Services, Users may post photos, videos, text, graphics, logos, artwork and other audio or visual materials (collectively, “User Content”). Users grant INovaeStudios a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and INovaeStudios, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate the Terms or applicable law.
Third-Party Websites, Advertisers or Services
Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. We are not responsible for the performance of any third party credit card processing or third party payment services, and standard credit card and other third party processing fees may apply.
If a chargeback is filed for a contribution to a Campaign the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify INovaeStudios of the chargeback. INovaeStudios may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction. Once the financial institution concludes its review of the disputed charge and notifies INovaeStudios through the payment processor, INovaeStudios will comply with the decision and will either refund the disputed charge from the Campaign funds or retain the disputed funds.
Each User agrees to defend, indemnify and hold harmless INovaeStudios, its subsidiaries and affiliated companies, and its and their officers, directors, managers, owners, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to access or use of the Services, any misuse of information obtained from the Services, breach of the Terms or violation of any laws. INovaeStudios may assume the exclusive defense and control of any matter for which Users have agreed to indemnify INovaeStudios and each User agrees to assist and cooperate with INovaeStudios in the defense or settlement of any such matters.
No Warranty; Disclaimers
INovaeStudios has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE, EACH OF WHICH IS HEREBY DISCLAIMED. IN PARTICULAR AND WITHOUT LIMITATION, INOVAESTUDIOS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY INOVAESTUDIOS OR ITS EMPLOYEES OR REPRESENTATIVES CREATES A WARRANTY AND USERS MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. USERS WHO ACCESS OR USE THE SERVICES DO SO AT THEIR OWN RISK AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAW. USERS SHOULD NOT ASSUME THAT THE SERVICES ARE CONTINUOUSLY UPDATED OR CONTAIN CURRENT INFORMATION. INOVAESTUDIOS IS NOT RESPONSIBLE FOR PROVIDING CONTENT OR MATERIALS THAT HAVE BEEN EXPIRED OR REMOVED. NOTHING CONTAINED IN THE SERVICES IS OFFERED OR INTENDED AS PROVIDING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. INOVAESTUDIOS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, DISABLE ACCESS TO OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY PART OR ALL OF THE SERVICES OR ANY INFORMATION CONTAINED THEREON WITHOUT LIABILITY.
Further, in particular and without limitation, INovaeStudios makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax-advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed – or remains currently deemed – a charitable or tax-advantaged organization by the Internal Revenue Service.
Waiver and Release
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of the Terms, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, INOVAESTUDOS (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO INOVAESTUDOS FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INOVAESTUDOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow INovaeStudios to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then INovaeStudios’ liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, INovaeStudios does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by INovaeStudios without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but INovaeStudios may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Michigan; and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over INovaeStudios, either specific or general, in jurisdictions other than Michigan. All matters relating to your access or use of the Services or the Terms shall be governed by the laws of the State of Michigan, without respect to its conflict of laws principles.
INovaeStudios and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court. Users agree that regardless of any statute or law to the contrary, any claim or cause of action of a User arising out of or related to the use of the Services or the Terms must be made within one (1) year after such claim or cause of action arose or such claim or cause of action shall be forever barred. INovaeStudios and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that INovaeStudios asserts against User, and that User asserts against INovaeStudios, any related or affiliated entity, and the officers, directors, managers, owners, agents or employees of any of them. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the Terms to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, INovaeStudios and User agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against INovaeStudios or a related party, a User must email a letter requesting arbitration and describing the claim to email@example.com. The arbitration will be conducted by the American Arbitration Association (“AAA”) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. INovaeStudios will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Ann Arbor, Michigan is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order INovaeStudios and User to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City and County of Ann Arbor, Michigan. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the nonprevailing party all of its reasonable attorneys’ fees and costs.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
We control the Services from our offices within the United States of America. We make no representation that the Services or its content are appropriate or available for use in other locations. Users who access the Services from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time) and (b) not otherwise prohibited under Export Laws from receiving such products and information.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree INovaeStudios may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions; Communications
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by INovaeStudios or its Users might be similar or even identical to a submission received by INovaeStudios or its Users. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the INovaeStudios platform or to INovaeStudios about an existing product or service on, or a feature of, or a proposed addition to, the INovaeStudios platform.
With regard to User submissions:
- all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
- INovaeStudios and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and
- INovaeStudios and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
INovaeStudios may provide Users with forums where they can post content to the Services. INovaeStudios does not necessarily endorse, support, review, screen or agree with content posted by Users.
INovaeStudios reserves the right for any reason to remove, without notice, any communications Users post on the Services. Users agree not to post any unlawful, abusive, offensive, sexually oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including any communications that would constitute a criminal offense, give rise to civil liability, or violate local, state, national or international law, or infringe upon another organization’s copyright or trademark. Users agree that Users are solely responsible for the content of their communications and their legality under all laws. Users agree to provide accurate and current information on all registration forms on the Services.
Access to Password-Protected or Secured Areas
Access to and use of password-protected or secured areas of the Services is restricted to authorized Users only. Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and Users agree to accept responsibility for all activities that occur under their account. Users will not misuse or share their username or password, misrepresent their identity or their affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials they are exposed to through the Services. If Users violate their obligations under this Section, Users may be subject to prosecution. INovaeStudios reserves the right to suspend or terminate any User’s account for any or no reason at any time without notice.
Entire Agreement/Severability/No Waiver
The Terms are the entire agreement between each User and INovaeStudios regarding its subject matter. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. INovaeStudios’ failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Changes to Terms
INovaeStudios may alter the Terms at any time, so please review them frequently. If a material change is made, INovaeStudios may notify Users on our website, in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at INovaeStudios’ sole discretion, in good faith, and using common sense and reasonable judgment.
© 2016 I-Novae Studios, LLC