Terms of service
Effective as of: September 15, 2020
1. Introduction.
Invisible Narratives, LLC (“Invisible Narratives”, “INVIZ”, “we”, “us” or “our”) owns and operates the website www.inviz.tv (the “Site”) that allows our users (“Users”, “you”) to access movies, TV shows and other content (the “INVIZ Content”) streamed over the internet to connected devices (“INVIZ Ready Devices”), to purchase merchandise related to the INVIZ Content, and to participate in certain giveaways, contents and promotions. As used in these Terms of Use and Sale (the “Terms”), the “INVIZ Services” or “our Services” or “the Services” means the digital services provided by INVIZ for discovering, watching, engaging with INVIZ Content, including all features and functionalities, the purchase of products, merchandise, the Site, and user interfaces, as well as all content and software associated with our Services.
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN INVIZ REGARDING YOUR ACCESS TO AND USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE, VIEWING THE INVIZ CONTENT, OR BUY ANY PRODUCT OR MERCHANDISE WE SELL ON THE SITE OR OTHER SERVICES ENABLED VIA THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH INVIZ OR A RESPONSIBLE ADULT IS ENTERING INTO THIS AGREEMENT ON YOUR BEHALF, AND (3) YOU OR A RESPONSIBLE ADULT ON YOUR BEHALF HAS THE AUTHORITY TO AGREE TO AND BE BOUND BY THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW IN SECTION 13, YOU AGREE THAT DISPUTES BETWEEN YOU AND INVISIBLE NARRATIVES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Eligibility and Use.
2.1 User Requirements. The INVIZ Services are intended for persons 13 years and older. You understand and agree that to access and use the INVIZ Services you must be at least 13 years old. If you access and use the INVIZ Services on behalf of a third party, you agree that you are an authorized representative of that third party and that your use of the INVIZ Services constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited for any reason from accessing the Site or the INVIZ Services, you are not permitted to access the Site or use the INVIZ Services.
2.2 Site Access. To use the INVIZ Services, you must have Internet access an INVIZ ready device, and in some cases, be required to provide us with one or more payment methods to enable payment for the INVIZ Services. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a designated third-party payment provider.
2.3 Content and Merchandise Bundle Options. We may offer a number of content and merchandise bundle options, including special promotional bundles or offers from third parties in conjunction with the provision of their own products and services. We are not responsible for and make no representations regarding any products and services provided by such third parties. If you are dissatisfied with any third-party products or services, you only may seek recourse directly from the third party offering the product or service. Some offers may have differing conditions and limitations, which will be disclosed when you sign up and create an account, purchase INVIZ Content or in other communications made available to you. You can find specific details regarding your INVIZ account by visiting the Site and clicking on the “Account” link.
3. License to Use.
3.1 Permitted Use and License. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-sublicensable, nontransferable, and revocable right to access the Site and use the INVIZ Services for your personal, non-commercial use. We reserve the right to monitor your usage of the INVIZ Services for the purpose of determining that is complies with these Terms. The INVIZ Services and any content viewed through our Services are for your personal use only and may not be shared with individuals beyond your household. You also agree not to use the INVIZ Services or Site for public performances or commercial purposes.
3.2 Compliance with the Law and Prohibited Uses. You agree to use the INVIZ Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the INVIS Services or INVIS Content therein. Except as explicitly authorized in these Terms, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use INVIS Content and information contained on or obtained from or through the INVIZ Services. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the INVIZ Services; use any robot, spider, scraper or other automated means to access the INVIZ Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the INVIZ Services; insert any code or product or manipulate the content of the INVIZ Services in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the INVIZ Services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services.
4. Privacy Policy.
Invisible Narratives’ Privacy Policy (which describes how we collect, use and disclose your personal information, the legal basis for this and your rights with respect thereto) is incorporated into and is a part of these Terms.
5. Account Registration and Account Use.
5.1 Account Creation and Maintenance. When you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. When you set-up your INVIZ account, you will be asked to designate a Payment Method. You can find specific details regarding your INVIZ account by visiting the Site and clicking on the “Account” link.
5.2 Unauthorized Use of Account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by us or a third party due to someone else using your account, unless such use is due to our willful misconduct.
5.3 Account Owner and Control. The member who created the INVIZ account and whose Payment Method is charged (the "Account Owner") has access and control over the INVIZ account and the INIVZ Ready Devices that are used to access our Services and is responsible for any activity that occurs through the INVIZ account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the INVIZ Ready Devices that are used to access the Services and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account, including your designated Payment Method. We have the right to terminate your account or place your account on hold in order to protect you, INVIZ, our partners or others from identity theft or other fraudulent activity. INVIZ is not obligated to credit or discount purchases for holds placed on the account by either a representative of INVIZ or by the automated processes of INVIZ.
6. Intellectual Property; Third Party Content and Services.
6.1 Intellectual Property Rights. All INVIZ Content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like, the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Invisible Narratives and/or its affiliates. The INVIS Content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Services, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
6.2 Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not responsible for or liable for any third-party content. In addition, the Site may contain links to third-party websites. We are not responsible for the content on any linked website or any link contained in a linked website. We do not endorse or accept any responsibility for the content on such third-party websites.
6.3 Third-party Services. Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy in order to use the services. Invisible Narratives will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party, or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including legal fees) that you may incur arising from or related to such third party’s services or products.
7. Contributions to INVIZ Site
7.1 User Content. Any text, photographs, artwork, ideas, questions, reviews, comments, messages, communications with us or others, suggestions or other content that you submit, post to or disseminate using the Site or otherwise provide to us are referred to as “User Content”. The following terms apply to User Content:
7.2 Prohibited User Content. You acknowledge and agree not to share, send or post User Content that includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; and
Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
7.3 License to INVIZ.
By sharing, submitting or uploading any User Content, you grant Invisible Narratives a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
7.4 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted in this Section 7.
7.5 Right to Name and Likeness. You also grant us the right to use and display for any purpose the name, photograph and any other biographical information that you submit with any User Content.
7.6 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you agree and confirm that: (1) you have all rights, licenses, consents and releases necessary to grant Invisible Narratives the required rights to disseminate any User Content; and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Invisible Narratives’ use of your uploaded User Content (or any portion thereof) on, through, or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
7.7 No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove, edit or access any User Content for any reason or no reason at all.
7.8 Contests, Sweepstakes and Surveys. By submitting an entry for a contest, sweepstakes or surveys, you, as an entrant, grant us and any of our partners or sponsors and their designees an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use the entry and your name, city and state of residence for credit purposes without further compensation, notification or permission, unless prohibited by applicable law. In addition, if you are a winner, you grants us, our partners and sponsors an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use and distribute your entry (as submitted or as edited), and his/her name, city and state of residence for credit purposes, in any and all media now or hereafter known, for purposes of promotion of the contest, sweepstakes or survey, except as otherwise stated herein, and without further compensation, notification or permission, unless prohibited by applicable law. The rules for User Content described above for user-provided content also apply to all user submissions associated with a content, sweepstakes or survey we may conduct.
8. Copyright Infringement
8.1 Infringement Notification. Invisible Narratives respects the rights of others and we expect Users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
8.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to Invisible Narratives’ designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
EMAIL: [email protected]
Invisible Narratives
Attn: Copyright Agent
1158 26th Street, #411
Santa Monica, California 90403
In any such notice, please include sufficient information to address the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Invisible Narratives to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
9. Billing and Payment.
9.1 Payment Method.
To pay for any purchase fees for INVIZ Content, you will be asked to provide a Payment Method that will be associated with your account. You may use a credit card, debit card or online payment application as your designated Payment Method. You authorize us to charge a Payment Method when you purchase INVIZ Content and/or products or merchandise we may offer. If a primary Payment Method is declined or no longer available to use, you will be asked to provide another Payment Method to associate with your account. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, we may suspend your access to the INVIZ Services until we have successfully charged a valid Payment Method. For some Payment Methods, the provider may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method provider for more details.
9.2 Credit and Debit Cards. We accept the forms of payment stated on the Site and, for credit and debit card payments, charge your credit or debit card when your order is processed. The bank issuing your credit or debit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our Services again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the INVIZ Services in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the INVIZ Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
9.3 Fees. The fees for the applicable INVIZ purchases offered through the Site and any other charges you may incur in connection with your purchase, including any applicable taxes and transaction fees, will be charged to your Payment Method on the date that such purchase is made. The purchase date will also be indicated on your “Account” page.
9.4 Updates. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the Payment Method providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s) when purchases are made.
9.5 Promotional Codes. We may, from time to time in our sole discretion, offer certain promotional codes for discounts. Promotional codes are nontransferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. There is a limit of one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Invisible Narratives at any time in its sole discretion.
9.6 Nonrefundable. Unless notified otherwise, payments made for INVIZ Content purchases are nonrefundable and there are no refunds or credits. Following any purchase of INVIZ Content, however, you will continue to have access to the purchased INVIZ Content through the full date of your rental period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
10. INVIZ Content and Viewing.
Access to the INVIZ Content is through your account on a device with a working Internet connection. The quality of the display of the INVIZ Content and the time it takes to access the INVIZ Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection, the INVIZ Content you have selected and the configuration of your device. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all INVIZ Content is available in all formats, such as HD, Ultra HD or HDR and not all content purchases allow you to receive content in all formats. We make no representations or warranties about the quality of your watching experience on your display. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
11. Terms of Sale for Non-Content Products.
The following terms apply to your purchase of products or merchandise offered on the Site in connection with INVIZ Content, whether by way of a bundled INVIZ Content purchase, “add-on” product, or otherwise (“Products”).
11.1 Errors and Omissions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or Services or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
11.2 Price Changes and Product Availability. We reserve the right to change the prices and available Product offerings at any time. Any purchases you have already paid for will not be affected by such change. Quantities of some Products may be limited and available stock cannot always be guaranteed. Products offered for sale on the Site are available for shipment only to the United States, and all prices are quoted in U.S. dollars. The availability of Products may be limited depending upon the shipment destination. Prices do not include any shipping and handling fees, foreign exchange or transaction fees, or any applicable taxes – any shipping and handling fees and taxes charged or collected by us will be added to your order and will appear as a separate charge on your order receipt/confirmation.
11.3 Offer to Purchase. The display of Products on the Site invites you to make us an offer to purchase the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
11.4 Product Unavailability or Shipment Delays. We have the right to refuse or limit any orders and limit quantities of Products. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order.
11.5 No Returns or Substitutions. We do not allow returns or substitutions of Products to Invisible Narratives or any of our brand partners and/or vendors. All sales are final.
11.6 Refunds or Replacement. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
11.9 Shipment. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Site for shipment, you are asking us to engage a common carrier to deliver your requested Product. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
11.10 Prices. Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by us in our sole discretion, to cover the cost of processing, handling and shipping orders, and which may include amounts incurred for customs, transport and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation.
11.11 Gift Certificates. Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.
11.12 Personal Use Only. Products are for your personal use only. You agree not to sell or resell any Products you purchase or otherwise receive from us in connection with your purchase. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
12. Disclaimers of Warranty and Limitation of Liability
12.1 THE INVIZ SERVICES AND ALL INVIZ CONTENT, PRODUCTS, AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE INVIZ SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. INVIZ DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INVIZ SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INVIZ SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, INVIZ READY DEVICES, AND INVIZ SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICES).
12.2 WITH RESPECT TO ANY PRODUCTS PURCHASED THROUGH USE OF THE INVIZ SERVICES, WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRES OR IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INVIZ DOES NOT WARRANT THAT ANY PRODCUTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS GUARANTEES, REPRESENTATIONS, WARRANTIES, OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
12.3 WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY COTENT OR SERVCIES ON THE SITE, ANY LINKS TO THIRD PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. WE MAKE ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF OURSELVES AND OUR LICENSORS AND SUPPLIERS. 12.4 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL INVIZ, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. 12.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 12.6 NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
13. Arbitration Agreement
13.1 If you are a INVIZ customer in the United States (including its possessions and territories), you and Invisible Narratives agree that any dispute, claim or controversy arising out of or relating in any way to the INVIZ Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Invisible Narratives are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your INVIZ account. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Los Angeles County, California. By using the Site and/or Services in any manner, you agree to the above arbitration provision. 13.2 If you elect to seek arbitration or file a small claim court action, you must first send to Invisible Narratives, by certified mail, a written Notice of your claim ("Notice"). The Notice to Invisible Narratives must be addressed to: 1158 26th Street, #411, Santa Monica, California 90403 ("Notice Address"). If Invisible Narratives initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Invisible Narratives, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Invisible Narratives and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Invisible Narratives may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. 13.3 The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. The arbitrator and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. Notwithstanding the foregoing, INVIZ may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. 13.4 If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Invisible Narratives’ last written settlement offer made before an arbitrator was selected (or if Invisible Narratives did not make a settlement offer before an arbitrator was selected), then Invisible Narratives will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
13.5 Notwithstanding the foregoing, either you or Invisible Narratives may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. 13.6 YOU AND INVISIBLE NARRATIVES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Invisible Narratives agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
14. Limitations of Liability.
14.1 BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
14.2 IN NO EVENT WILL INVISIBLE NARRATIVES, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “INVIZ” FOR PURPOSES OF THIS SECTION 14) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF INVIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. INVIZ WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL.
14.3 IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF THE ORDER GIVING RISE TO OUR LIABILITY AND (II) HUNDRED DOLLARS (U.S. $100.00).
15. Indemnity. You agree to defend, indemnify and hold harmless Invisible Narratives, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including reasonable legal fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any Product purchased by you on this Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access the Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Site or INVIZ Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
16. International Users. The Site and INVIZ Services and Content can be accessed from countries around the world and may contain references to services and products that are not available in your country. We do not ship the Products outside the United States. The Site and Services are controlled and offered by INVIZ from its facilities in the United States. We make no representations that the Site or Services are available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.
16.1 United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
16.2 Germany. Notwithstanding anything to the contrary in Section 14, INVIZ is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
17. Miscellaneous 17.1 Governing Law and venue. These Terms shall be governed by and construed in accordance with the laws of the State of California, United States without regard to conflicts of law provisions. Any legal action shall be brought in the state or federal courts located in Los Angeles County, California. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
17.2 Unsolicited Materials. Invisible Narratives does not accept unsolicited materials or ideas for INVIZ Content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to INVIZ. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against INVIZ and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
17.3 Feedback. INVIZ is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Site or INVIZ Services, including user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the INVIZ Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
17.4 Customer Support. To find more information about our Services and its features, or if you need assistance with your account, please review our FAQs on our website FAQs on our website or use the Contact Us link on the Site.
17.5 Survival. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
17.6 Changes to Terms. We may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.
17.7 Assignment. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable INVIZ Services.
17.8 Dispute Resolution. If you believe that INVIZ has not adhered to these Terms, please contact us by emailing us at [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
17.9 Limitations Period. YOU AND INVISIBLE NARRATIVES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS, THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.10 Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration or associated with your account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. Questions or Complaints
Should you have any questions or complaints regarding this Terms of Use and Conditions, please feel free to contact us at [email protected] or
Invisible Narratives, LLC 1158 26th Street, #411 Santa Monica, California 90403
Invisible Narratives, LLC (“Invisible Narratives”, “INVIZ”, “we”, “us” or “our”) owns and operates the website www.inviz.tv (the “Site”) that allows our users (“Users”, “you”) to access movies, TV shows and other content (the “INVIZ Content”) streamed over the internet to connected devices (“INVIZ Ready Devices”), to purchase merchandise related to the INVIZ Content, and to participate in certain giveaways, contents and promotions. As used in these Terms of Use and Sale (the “Terms”), the “INVIZ Services” or “our Services” or “the Services” means the digital services provided by INVIZ for discovering, watching, engaging with INVIZ Content, including all features and functionalities, the purchase of products, merchandise, the Site, and user interfaces, as well as all content and software associated with our Services.
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN INVIZ REGARDING YOUR ACCESS TO AND USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE, VIEWING THE INVIZ CONTENT, OR BUY ANY PRODUCT OR MERCHANDISE WE SELL ON THE SITE OR OTHER SERVICES ENABLED VIA THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH INVIZ OR A RESPONSIBLE ADULT IS ENTERING INTO THIS AGREEMENT ON YOUR BEHALF, AND (3) YOU OR A RESPONSIBLE ADULT ON YOUR BEHALF HAS THE AUTHORITY TO AGREE TO AND BE BOUND BY THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW IN SECTION 13, YOU AGREE THAT DISPUTES BETWEEN YOU AND INVISIBLE NARRATIVES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Eligibility and Use.
2.1 User Requirements. The INVIZ Services are intended for persons 13 years and older. You understand and agree that to access and use the INVIZ Services you must be at least 13 years old. If you access and use the INVIZ Services on behalf of a third party, you agree that you are an authorized representative of that third party and that your use of the INVIZ Services constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited for any reason from accessing the Site or the INVIZ Services, you are not permitted to access the Site or use the INVIZ Services.
2.2 Site Access. To use the INVIZ Services, you must have Internet access an INVIZ ready device, and in some cases, be required to provide us with one or more payment methods to enable payment for the INVIZ Services. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a designated third-party payment provider.
2.3 Content and Merchandise Bundle Options. We may offer a number of content and merchandise bundle options, including special promotional bundles or offers from third parties in conjunction with the provision of their own products and services. We are not responsible for and make no representations regarding any products and services provided by such third parties. If you are dissatisfied with any third-party products or services, you only may seek recourse directly from the third party offering the product or service. Some offers may have differing conditions and limitations, which will be disclosed when you sign up and create an account, purchase INVIZ Content or in other communications made available to you. You can find specific details regarding your INVIZ account by visiting the Site and clicking on the “Account” link.
3. License to Use.
3.1 Permitted Use and License. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-sublicensable, nontransferable, and revocable right to access the Site and use the INVIZ Services for your personal, non-commercial use. We reserve the right to monitor your usage of the INVIZ Services for the purpose of determining that is complies with these Terms. The INVIZ Services and any content viewed through our Services are for your personal use only and may not be shared with individuals beyond your household. You also agree not to use the INVIZ Services or Site for public performances or commercial purposes.
3.2 Compliance with the Law and Prohibited Uses. You agree to use the INVIZ Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the INVIS Services or INVIS Content therein. Except as explicitly authorized in these Terms, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use INVIS Content and information contained on or obtained from or through the INVIZ Services. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the INVIZ Services; use any robot, spider, scraper or other automated means to access the INVIZ Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the INVIZ Services; insert any code or product or manipulate the content of the INVIZ Services in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the INVIZ Services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services.
4. Privacy Policy.
Invisible Narratives’ Privacy Policy (which describes how we collect, use and disclose your personal information, the legal basis for this and your rights with respect thereto) is incorporated into and is a part of these Terms.
5. Account Registration and Account Use.
5.1 Account Creation and Maintenance. When you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. When you set-up your INVIZ account, you will be asked to designate a Payment Method. You can find specific details regarding your INVIZ account by visiting the Site and clicking on the “Account” link.
5.2 Unauthorized Use of Account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by us or a third party due to someone else using your account, unless such use is due to our willful misconduct.
5.3 Account Owner and Control. The member who created the INVIZ account and whose Payment Method is charged (the "Account Owner") has access and control over the INVIZ account and the INIVZ Ready Devices that are used to access our Services and is responsible for any activity that occurs through the INVIZ account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the INVIZ Ready Devices that are used to access the Services and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account, including your designated Payment Method. We have the right to terminate your account or place your account on hold in order to protect you, INVIZ, our partners or others from identity theft or other fraudulent activity. INVIZ is not obligated to credit or discount purchases for holds placed on the account by either a representative of INVIZ or by the automated processes of INVIZ.
6. Intellectual Property; Third Party Content and Services.
6.1 Intellectual Property Rights. All INVIZ Content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like, the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Invisible Narratives and/or its affiliates. The INVIS Content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Services, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
6.2 Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not responsible for or liable for any third-party content. In addition, the Site may contain links to third-party websites. We are not responsible for the content on any linked website or any link contained in a linked website. We do not endorse or accept any responsibility for the content on such third-party websites.
6.3 Third-party Services. Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy in order to use the services. Invisible Narratives will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party, or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including legal fees) that you may incur arising from or related to such third party’s services or products.
7. Contributions to INVIZ Site
7.1 User Content. Any text, photographs, artwork, ideas, questions, reviews, comments, messages, communications with us or others, suggestions or other content that you submit, post to or disseminate using the Site or otherwise provide to us are referred to as “User Content”. The following terms apply to User Content:
7.2 Prohibited User Content. You acknowledge and agree not to share, send or post User Content that includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; and
Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
7.3 License to INVIZ.
By sharing, submitting or uploading any User Content, you grant Invisible Narratives a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
7.4 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted in this Section 7.
7.5 Right to Name and Likeness. You also grant us the right to use and display for any purpose the name, photograph and any other biographical information that you submit with any User Content.
7.6 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you agree and confirm that: (1) you have all rights, licenses, consents and releases necessary to grant Invisible Narratives the required rights to disseminate any User Content; and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Invisible Narratives’ use of your uploaded User Content (or any portion thereof) on, through, or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
7.7 No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove, edit or access any User Content for any reason or no reason at all.
7.8 Contests, Sweepstakes and Surveys. By submitting an entry for a contest, sweepstakes or surveys, you, as an entrant, grant us and any of our partners or sponsors and their designees an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use the entry and your name, city and state of residence for credit purposes without further compensation, notification or permission, unless prohibited by applicable law. In addition, if you are a winner, you grants us, our partners and sponsors an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use and distribute your entry (as submitted or as edited), and his/her name, city and state of residence for credit purposes, in any and all media now or hereafter known, for purposes of promotion of the contest, sweepstakes or survey, except as otherwise stated herein, and without further compensation, notification or permission, unless prohibited by applicable law. The rules for User Content described above for user-provided content also apply to all user submissions associated with a content, sweepstakes or survey we may conduct.
8. Copyright Infringement
8.1 Infringement Notification. Invisible Narratives respects the rights of others and we expect Users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
8.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to Invisible Narratives’ designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
EMAIL: [email protected]
Invisible Narratives
Attn: Copyright Agent
1158 26th Street, #411
Santa Monica, California 90403
In any such notice, please include sufficient information to address the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Invisible Narratives to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
9. Billing and Payment.
9.1 Payment Method.
To pay for any purchase fees for INVIZ Content, you will be asked to provide a Payment Method that will be associated with your account. You may use a credit card, debit card or online payment application as your designated Payment Method. You authorize us to charge a Payment Method when you purchase INVIZ Content and/or products or merchandise we may offer. If a primary Payment Method is declined or no longer available to use, you will be asked to provide another Payment Method to associate with your account. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, we may suspend your access to the INVIZ Services until we have successfully charged a valid Payment Method. For some Payment Methods, the provider may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method provider for more details.
9.2 Credit and Debit Cards. We accept the forms of payment stated on the Site and, for credit and debit card payments, charge your credit or debit card when your order is processed. The bank issuing your credit or debit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our Services again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the INVIZ Services in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the INVIZ Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
9.3 Fees. The fees for the applicable INVIZ purchases offered through the Site and any other charges you may incur in connection with your purchase, including any applicable taxes and transaction fees, will be charged to your Payment Method on the date that such purchase is made. The purchase date will also be indicated on your “Account” page.
9.4 Updates. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the Payment Method providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s) when purchases are made.
9.5 Promotional Codes. We may, from time to time in our sole discretion, offer certain promotional codes for discounts. Promotional codes are nontransferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. There is a limit of one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Invisible Narratives at any time in its sole discretion.
9.6 Nonrefundable. Unless notified otherwise, payments made for INVIZ Content purchases are nonrefundable and there are no refunds or credits. Following any purchase of INVIZ Content, however, you will continue to have access to the purchased INVIZ Content through the full date of your rental period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
10. INVIZ Content and Viewing.
Access to the INVIZ Content is through your account on a device with a working Internet connection. The quality of the display of the INVIZ Content and the time it takes to access the INVIZ Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection, the INVIZ Content you have selected and the configuration of your device. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all INVIZ Content is available in all formats, such as HD, Ultra HD or HDR and not all content purchases allow you to receive content in all formats. We make no representations or warranties about the quality of your watching experience on your display. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
11. Terms of Sale for Non-Content Products.
The following terms apply to your purchase of products or merchandise offered on the Site in connection with INVIZ Content, whether by way of a bundled INVIZ Content purchase, “add-on” product, or otherwise (“Products”).
11.1 Errors and Omissions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or Services or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
11.2 Price Changes and Product Availability. We reserve the right to change the prices and available Product offerings at any time. Any purchases you have already paid for will not be affected by such change. Quantities of some Products may be limited and available stock cannot always be guaranteed. Products offered for sale on the Site are available for shipment only to the United States, and all prices are quoted in U.S. dollars. The availability of Products may be limited depending upon the shipment destination. Prices do not include any shipping and handling fees, foreign exchange or transaction fees, or any applicable taxes – any shipping and handling fees and taxes charged or collected by us will be added to your order and will appear as a separate charge on your order receipt/confirmation.
11.3 Offer to Purchase. The display of Products on the Site invites you to make us an offer to purchase the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
11.4 Product Unavailability or Shipment Delays. We have the right to refuse or limit any orders and limit quantities of Products. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order.
11.5 No Returns or Substitutions. We do not allow returns or substitutions of Products to Invisible Narratives or any of our brand partners and/or vendors. All sales are final.
11.6 Refunds or Replacement. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
11.9 Shipment. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Site for shipment, you are asking us to engage a common carrier to deliver your requested Product. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
11.10 Prices. Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by us in our sole discretion, to cover the cost of processing, handling and shipping orders, and which may include amounts incurred for customs, transport and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation.
11.11 Gift Certificates. Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.
11.12 Personal Use Only. Products are for your personal use only. You agree not to sell or resell any Products you purchase or otherwise receive from us in connection with your purchase. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
12. Disclaimers of Warranty and Limitation of Liability
12.1 THE INVIZ SERVICES AND ALL INVIZ CONTENT, PRODUCTS, AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE INVIZ SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. INVIZ DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INVIZ SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INVIZ SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, INVIZ READY DEVICES, AND INVIZ SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICES).
12.2 WITH RESPECT TO ANY PRODUCTS PURCHASED THROUGH USE OF THE INVIZ SERVICES, WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRES OR IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INVIZ DOES NOT WARRANT THAT ANY PRODCUTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS GUARANTEES, REPRESENTATIONS, WARRANTIES, OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
12.3 WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY COTENT OR SERVCIES ON THE SITE, ANY LINKS TO THIRD PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. WE MAKE ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF OURSELVES AND OUR LICENSORS AND SUPPLIERS. 12.4 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL INVIZ, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. 12.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 12.6 NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
13. Arbitration Agreement
13.1 If you are a INVIZ customer in the United States (including its possessions and territories), you and Invisible Narratives agree that any dispute, claim or controversy arising out of or relating in any way to the INVIZ Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Invisible Narratives are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your INVIZ account. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Los Angeles County, California. By using the Site and/or Services in any manner, you agree to the above arbitration provision. 13.2 If you elect to seek arbitration or file a small claim court action, you must first send to Invisible Narratives, by certified mail, a written Notice of your claim ("Notice"). The Notice to Invisible Narratives must be addressed to: 1158 26th Street, #411, Santa Monica, California 90403 ("Notice Address"). If Invisible Narratives initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Invisible Narratives, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Invisible Narratives and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Invisible Narratives may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. 13.3 The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. The arbitrator and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. Notwithstanding the foregoing, INVIZ may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. 13.4 If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Invisible Narratives’ last written settlement offer made before an arbitrator was selected (or if Invisible Narratives did not make a settlement offer before an arbitrator was selected), then Invisible Narratives will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
13.5 Notwithstanding the foregoing, either you or Invisible Narratives may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. 13.6 YOU AND INVISIBLE NARRATIVES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Invisible Narratives agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
14. Limitations of Liability.
14.1 BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
14.2 IN NO EVENT WILL INVISIBLE NARRATIVES, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “INVIZ” FOR PURPOSES OF THIS SECTION 14) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF INVIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. INVIZ WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL.
14.3 IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF THE ORDER GIVING RISE TO OUR LIABILITY AND (II) HUNDRED DOLLARS (U.S. $100.00).
15. Indemnity. You agree to defend, indemnify and hold harmless Invisible Narratives, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including reasonable legal fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any Product purchased by you on this Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access the Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Site or INVIZ Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
16. International Users. The Site and INVIZ Services and Content can be accessed from countries around the world and may contain references to services and products that are not available in your country. We do not ship the Products outside the United States. The Site and Services are controlled and offered by INVIZ from its facilities in the United States. We make no representations that the Site or Services are available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.
16.1 United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
16.2 Germany. Notwithstanding anything to the contrary in Section 14, INVIZ is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
17. Miscellaneous 17.1 Governing Law and venue. These Terms shall be governed by and construed in accordance with the laws of the State of California, United States without regard to conflicts of law provisions. Any legal action shall be brought in the state or federal courts located in Los Angeles County, California. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
17.2 Unsolicited Materials. Invisible Narratives does not accept unsolicited materials or ideas for INVIZ Content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to INVIZ. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against INVIZ and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
17.3 Feedback. INVIZ is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Site or INVIZ Services, including user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the INVIZ Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
17.4 Customer Support. To find more information about our Services and its features, or if you need assistance with your account, please review our FAQs on our website FAQs on our website or use the Contact Us link on the Site.
17.5 Survival. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
17.6 Changes to Terms. We may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.
17.7 Assignment. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable INVIZ Services.
17.8 Dispute Resolution. If you believe that INVIZ has not adhered to these Terms, please contact us by emailing us at [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
17.9 Limitations Period. YOU AND INVISIBLE NARRATIVES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS, THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.10 Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration or associated with your account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. Questions or Complaints
Should you have any questions or complaints regarding this Terms of Use and Conditions, please feel free to contact us at [email protected] or
Invisible Narratives, LLC 1158 26th Street, #411 Santa Monica, California 90403