iBallz Terms Of Service

Updated July 9, 2010
 
PLEASE READ CAREFULLY AS IF ACCEPTED YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT
 
Welcome to www.iBallz.com, operated by iBallz, LLC (“iBallz”, “we” or “us”).  By accessing, viewing, downloading or otherwise using any service or any feature contained herein you are concluding a legally binding “Agreement” with iBallz.com based upon the terms and conditions contained herein. The iBallz.com Services are hosted in the United States.

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes a legally binding agreement and your use of any of the iBallz services. By accessing and/or using the iBallz Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you are simply browsing the services herein, without being registered) or you are a "Member" (which means that you have registered and paid with iBallz). The term "User" refers to a Visitor or a Member. You are authorized to use the iBallz Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the services herein, you must indicate your acceptance of this Agreement during the registration process.
 
iBallz reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the iBallz website.  Continued use of the iBallz Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the iBallz Services immediately. 
 
Explanation of iBallz
 
The iBallz website is, but not limited to, a social networking site geared towards filmmakers and others wishing to collaborate on a project in such a field as the production of original content.  We assist in, but do not guarantee, distribution of said content.
 
Overview
 
The iBallz Site offers a multi-purpose service, with both basic viewing and paid subscription membership options, which allows you to, among other things, upload and share both high- and standard-definition video footage; send messages to other members; post comments about videos, add other members as contacts; create and moderate "channels" and "groups" based around specific interests, and participate in Forums (as more fully described below) (collectively, and together with the Site, the "Services"). Services may be offered by iBallz itself, or by a third party partner/service provider. Certain Services may only be available to paying subscribers. Unless otherwise stated, these Terms of Service apply to all Services. All content and additional or replacement services made available through the iBallz Site that were not made available as of the "Last Updated" date above shall automatically be deemed to be part of the "Services" when first made available through the iBallz Site.
 
1. Eligibility/Registration.
 
A. Use of the iBallz Services and registration to be a Member for the iBallz Services (“Membership”) is void where prohibited. By using the iBallz Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the iBallz Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, and for other reasons or abuses as discussed in this Agreement.
 
B. In order to use certain Services, you must become a registered user of the iBallz Site. You agree that iBallz Site user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property rights, etc. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.
If you elect to register to use the Services (whether as a basic member, or as a paid subscriber to iBallz), utilize the iBallz Site and/or participate in any iBallz promotions, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the iBallz registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or iBallz has reasonable grounds to suspect that such is the case, iBallz has the right to suspend or terminate your account (including paid, membership accounts) and refuse any and all current or future use of the iBallz Site and/or Services (or any portion thereof).
In addition to any other Registration Data, to register on the iBallz Site you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
 
At any time you may elect to become a paid subscription member of the iBallz Site by subscribing to iBallz and paying the associated subscription fee(s). iBallz paying members may have greater storage and bandwidth allocations, and may have access to more areas, functions and types of Services than basic members. For an in depth description of the iBallz specific services and benefits, as well as current pricing and subscription offerings, please refer to the services page at www.iBallz.com.
iBallz paid subscriptions may be subject to certain state, local or other relevant taxes. Annual subscribers to iBallz (as well as subscribers to multi-month subscriptions, should we make such subscription terms available) shall have thirty (30) days from the date of subscription to cancel their subscription for a full refund. If monthly subscriptions are offered, monthly subscribers to iBallz shall have five (5) days from the date of subscription to cancel their subscription for a full refund. After the cancellation period, purchases of iBallz paid subscriptions become FINAL and non-refundable, except in our sole and absolute discretion. At that point, you cannot return or cancel your subscription for a refund, and if your account is cancelled or terminated by you or by us, for any reason, you will lose and forfeit the remaining time on your subscription. The default setting for subscriptions is an annual, auto-renewing subscription. This means that each year on your subscription anniversary date, you will be charged the prevailing rate for an additional one-year subscription renewal. We may also offer shorter or longer term subscriptions (including monthly; multi-month – e.g., 3-month or 6-months at a time; or multi-year), which will also default to auto-renew. If you have signed up for an automatically-renewing subscription, you will have the ability to cancel any future renewals.
 
Please note: Payments for paid subscriptions are processed by a third party service provider and governed by separate Terms of Service and Privacy Policy and paragraph 3 below.
 
2. Term.
 
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the iBallz Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions found on the help menu.  iBallz may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, iBallz reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the iBallz Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, iBallz reserves the right, in its sole discretion, to reassign or rename your profile URL. iBallz expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the iBallz Services if iBallz determines, in its sole discretion, that you have violated this Agreement or pose a threat to iBallz, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect.
 
A.  These Terms of Service apply to all users of the iBallz Website, including users who are also contributors of video content, information, and other materials or services on the Website. The iBallz Website includes all aspects of iBallz, including but not limited to all products, software and services offered via the website, the iBallz "Embeddable Player," the iBallz "Uploader" and other applications.
 
B.  The iBallz Website may contain links to third party websites that are not owned or controlled by iBallz. iBallz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, iBallz will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve iBallz from any and all liability arising from your use of any third-party website. If you leave the iBallz website you do so at your own risk and our terms and policies no longer govern.
 
Accordingly, we encourage you to be aware when you leave the iBallz Website and to read the terms and conditions and privacy policy of each other website that you visit. 
 
C.  In order to access some features of the Website, you will have to create an iBallz account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify iBallz immediately of any breach of security or unauthorized use of your account.
 
D.  Although iBallz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iBallz or others due to such unauthorized use.
 
3. Fees.
 
You acknowledge that iBallz reserves the right to charge for any portion of the iBallz Services and to change its fees (if any) from time to time in its discretion. If iBallz terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). When you confirm a transaction on iBallz, you agree to be bound by and pay for that transaction.
 
A. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying. 
 
B. Don't commit to a transaction unless you are ready to pay, because all sales are final. 
 
C. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. 
 
D. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. 
 
E. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. 
 
F. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
 
G. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time. 
 
H. We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
 
I. Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: iBallz 1607 16th Street, Suite 208, Santa Monica, CA 90404 ATTN: Customer Service.  The Payment Terms in place at the time you confirm a transaction will govern that transaction. 
 
J. We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits.
 
K. All of the commitments you make in the iBallz Statement of Rights and Responsibilities apply to payments through iBallz. In the event of any conflict between these Payments Terms and the iBallz Statement of Rights and Responsibilities, the Payments Terms shall prevail. 
 
L. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them. 
 
M. "Us," "we," "our," "claim" and "iBallz" mean the same as they do in the Statement of Rights and Responsibilities. 
 
N. Some countries may restrict or prohibit your ability to make payments through iBallz. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws. 
 
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES.
 
4. Use by Members.
 
The iBallz Services are for the personal use of Members and may only be used for direct commercial and non-commercial purposes if they are specifically endorsed or authorized by iBallz. iBallz reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the iBallz Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the iBallz Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. iBallz reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the iBallz Services.
 
5. Your User Submissions and Conduct.
 
A. As an iBallz account holder you may submit video and/or creative content ("User Videos") and textual content. User Videos and comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, iBallz does not guarantee any confidentiality with respect to any User Submissions.
 
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize iBallz to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. Further, on request by iBallz you will provide all written rights in said project.
 
C. By submitting User Submissions to iBallz, you hereby grant iBallz a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the iBallz Website and  (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the iBallz Website (and derivative works thereof) in any media formats and through any media channels now or hereinafter known. You also hereby grant, when applicable, each user of the iBallz Website non-exclusive access your User Submissions through the Website and all other media and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the website subject to iBallz rights herein. The above licenses granted by you in User Comments are perpetual and irrevocable AND SUBJECT TO “F” BELOW.
 
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iBallz all of the license rights granted herein. If requested by iBallz, you will submit proof of such rights.
 
E. iBallz does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. iBallz does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iBallz will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. iBallz reserves the right to remove Content and User Submissions without prior notice.
 
F. NOTWITHSTANDING THE FOREGOING, IF iBallz WISHES TO ACQUIRE THE MOTION PICTURE, TELEVISION, ANIMATION, PUBLICATION, LIVE ACTION, INTERNET RIGHTS IN AND TO ANY SUBMISSION ON THIS WEBSITE, YOU AGREE FOR GOOD AND VALUABLE CONSIDERATION, THAT iBallz WILL HAVE A ONE (1) YEAR LICENSE TO NEGOTIATE AN AGREEMENT TO PRODUCE, DISTRIBUTE , BROADCAST SAID PROJECT IN ALL MEDIA NOW OR HEREAFTER DEVISED. iBallz WILL BE THE EXECUTIVE PRODUCER OR ANY OTHER ROLE IT DEEMS APPROPRIATE OF SAID PROJECT AND WILL NEGOTIATE ITS FEE AT THAT TIME BUT IN NO EVENT WILL BE LESS THAN 10% OF ANY MONIES RECEIVED FROM A THIRD PARTY. IF AN AGREEMENT CANNOT BE REACHED WITH YOU, iBallz WILL PAY YOU A SEGMENT OR EPISODIC OR ONE (1) TIME ROYALTY THAT IS THE AVERAGE FOR SUCH PROJECT IN THE MEDIUM IT IS USED FOR.
 
G. The iBallz Services contain Content of iBallz ("iBallz Content"). iBallz Content is protected by copyright, trademark, patent, trade secret and other laws, and iBallz owns and retains all rights in the iBallz Content and the iBallz Services. iBallz hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the iBallz Content (excluding any software code) solely for your personal use in connection with viewing the iBallz Website and using the iBallz Services.
 
H. The iBallz Services contain Content of Users and other iBallz licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the iBallz Services.
 
I. iBallz performs technical functions necessary to offer the iBallz Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the iBallz Services. In addition, you agree and acknowledge that iBallz may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the iBallz Services. You can control what type of communications you receive from the iBallz Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.
 
J. iBallz reserves the right to limit the storage capacity of Content that you post on, through or in connection with the iBallz Services.
 
iBallz may reject, refuse to post or delete any Content for any or no reason on its website.
 
K. Protecting Copyrights and Other Intellectual Property: iBallz respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is iBallz’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. 
 
If you believe your work has been copied and posted on or through the iBallz Services in a way that constitutes copyright infringement, please send iBallz's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the iBallz Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. iBallz's Copyright Agent for notification of claimed infringement can be reached as follows: iBallz 1607 16th Street, Suite 208, Santa Monica, CA 90404 Attn: Copyright Agent. iBallz's Copyright Agent for notification of claimed infringement can also be reached electronically at copyrightagent@iBallz.com. iBallz provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact iBallz’s Copyright Agent at the email address listed.
 

6. Account Termination Policy.
 
A. iBallz will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
 
B. iBallz reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. iBallz may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.


7. Digital Millennium Copyright Act.
 
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 
 
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 online site are covered by a single notification, a representative list of such works at that site;
 
Identification of the material 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 the service provider to locate the material;
 
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
 
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
 
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
iBallz designated Copyright Agent to receive notifications of claimed infringement is: iBallz 1607 16th Street, Suite 208, Santa Monica, CA 90404. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
 
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: 
 
Your physical or electronic signature;
 
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
 
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
 
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
 
If a counter-notice is received by the Copyright Agent, iBallz may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within a reasonable amount of time. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 14 business days or more after receipt of the counter-notice, at iBallz sole discretion.
 
8. Warranty Disclaimer.
 
YOU AGREE THAT YOUR USE OF THE THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, iBallz, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. iBallz MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE iBallz WEBSITE. iBallz DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE iBallz WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND iBallz WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
 
9. Limitation of Liability.
 
IN NO EVENT SHALL iBallz, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, ETC, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE iBallz WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT iBallz SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
 
The Website is controlled and offered by iBallz from its facilities in the United States of America. iBallz makes no representations that the iBallz Website is appropriate or available for use in other locations. Those who access or use the iBallz Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
 
10. Indemnity.
 
You agree to defend, indemnify and hold harmless iBallz, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (I) your use of and access to the iBallz Website; (II) your violation of any term of these Terms of Service; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the California Law and Arbitration
 
11. General.
 
A. Choice of Law: The Agreement and any disputes with us or any iBallz Affiliate arising out of or relating to this Agreement or iBallz (“Disputes”) shall be governed by California law.
 
B. Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
 
C. Exception from Arbitration Agreement: You agree that iBallz rights are unique and iBallz may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
 
D. Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
 
E. Notices: We may notify you via postings on the website, and via email or any other communications means to contact information you provide to us. You may also notify us via email at Legal@iBallz.com or via mail or courier to iBallz 1607 16th Street, Suite 208, Santa Monica, CA 90404; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
 
F. Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
 
G. Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.iBallz.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement within 48 hours. 
 
H. No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any iBallz affiliate shall be deemed legally binding on any iBallz Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of iBallz.
 
I. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
 
J. Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute; effective upon notice herein iBallz for any third party that assumes our rights and obligations under this Agreement.
 
12. Member Disputes.
 
You are solely responsible for your interactions with other iBallz Users, third party developers or any other parties with whom you interact through the iBallz Services and/or 3PServices. iBallz reserves the right, but has no obligation, to become involved in any way with these disputes.
 
13. Privacy.
 
Use of the iBallz Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
 
14. U.S. Export Controls.
 
Software available in connection with the iBallz Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the iBallz Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. 
 
15. Other.
 
A. This Agreement is accepted upon your use of the iBallz Website or any of the iBallz Services and is further affirmed by you becoming a Member. Your agreement with iBallz will always include this Agreement at a minimum. Your access and use of certain iBallz Services will require you to accept additional terms and conditions applicable to such certain iBallz Services, in addition to this Agreement, and may require you to download Software or Content. The failure of iBallz to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. iBallz is a trademark of iBallz, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
 
B. The owners and operators of the iBallz Site and Services are not the primary producer (as the primary producer term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained in the iBallz Site.
 
16. Exclusions.
 
In the event the User is a bona fide Student or Faculty member (herein collectively referred to as “Student”) at an accredited University or College and has signed a pre-existing agreement with said University or College transferring all rights in and to any projects created by Student, then notwithstanding the terms and conditions herein, iBallz, LLC will not acquire any financial or ownership interest in and to said project.

In addition, any User that submits any ideas or any form of development for such a project created by the Student will not have any rights/ownership or claims as to said project. The University or College will maintain all rights and ownership in such projects created by Students and/or Faculty under its pre existing agreement with all Users in said project abiding by the same standards.
 
All Users creating any project must advise the additional Users joining their project of any pre-existing agreements with an accredited University or College.
 
In the event of any disagreements between the University or College and the Student or Faculty in regards to a Student/Faculty created project, iBallz, LLC will default final judgment to the accredited University or College.
 
Please contact us at: iBallz 1607 16th Street, Suite 208, Santa Monica, CA 90404 with any questions regarding this Agreement. 
 
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.