*Updated October 5, 2016

 

PLEASE REVIEW THE SALES AND SHIPPING POLICIES BELOW BEFORE COMPLETING A PURCHASE FOR A PRODUCT(S) FROM A LAUGHACTIVE WEBSITE OR MOBILE VERSION OR APPLICATION THEREOF (COLLECTIVELY THE “WEBSITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF PRODUCTS FROM THE WEBSITE (THESE “SALES TERMS AND CONDITIONS”). YOU HEREBY AGREE TO THESE SALES TERMS AND CONDITIONS BY COMPLETING A PURCHASE, WHICH AS A PART OF SUCH PROCESS SHALL INCLUDE THE SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF YOUR PAYMENT METHOD INFORMATION. IN CONNECTION WITH THE FOREGOING, YOU HEREBY AUTHORIZE LAUGHACTIVE TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF PRODUCTS.

 

LEGAL AGE REQUIREMENT

By completing a purchase of Products through the Website, you represent that you are at least the legal age of majority or are legally authorized, with any necessary consent of a parent or guardian, to agree to these Sales Terms and Conditions and fulfill any obligations in connection with such purchase. LaughActive reserves the right to verify the foregoing.

 

PRODUCT ORDERS

All orders placed through the Website are subject to LaughActive’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. LaughActive may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by LaughActive, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Care Department.

 

While we want everyone to be able to enjoy our Products, we may, in our sole discretion, not accept an order. Some reasons we may do so include, but are not limited to, the following:

  • Orders that are in violation of the LaughActive Instructor License Agreement.
  • Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
    • Incorrect credit or debit card information such as card number, expiration date and card security value;
    • Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record); and/or
  • Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
  • Orders connected to previous credit card disputes.

If your order has been processed, you may return the Product you ordered pursuant to the terms of our applicable return policy.

 

PAYMENTS

LaughActive offers several methods of payment for you to purchase Products including, but not limited to, credit cards, debit cards, and PayPal. Some methods of payment are only available in certain countries.

 

PAYMENTS BY CREDIT CARDS AND DEBIT CARDS

Credit and debit cards make purchasing Products easy. However, there are times when people may use the credit or debit card payment information of others without authorization. As a result, LaughActive reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Products from the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase Products, please contact our Customer Care Department [LINK].

 

PAYMENTS BY PAYPAL

PayPal™ is an alternate method for purchasing Products on the Website. It enables any individual or business with an email address to securely send payments online. With a PayPal account, you can choose to pay with your credit card, debit card, bank account, or PayPal account balance for any purchase you make. Your credit card and bank numbers are never seen by LaughActive.

 

PAYPAL PROCESS

  • If you select PayPal as your payment option, you will continue through the standard checkout process then automatically proceed to PayPal.com to complete your payment.
  • Once you have been redirected to paypal.com, you will have 25 minutes to complete the payment before your order is cancelled.

For more information, including any available protections offered by PayPal for unauthorized payments, visit the PayPal Help Center.

Sign up for PayPal now.

 

TAXES

All pricing set forth on the Website is exclusive of applicable taxes. All orders are subject to any applicable taxes on the purchase or delivery of the Products.

 

DISCOUNTS AND PROMOTIONS.

Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAUGHACTIVE AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR YOUR USE OF THE PRODUCT. FURTHER, IN NO EVENT WILL LAUGHACTIVE OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF PRODCUTS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. LAUGHACTIVE AND ITS AFFILIATES’ MAXIMUM LIABILITY FOR THE PURCHASE OF THE PRODUCTS SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS. IN SOME JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT FULLY APPLY. ACCORDINGLY, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT OF THE LAW.

 

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY LAUGHACTIVE AND AFFILIATES MAKE NO OTHER WARRANTY OF ANY KIND REGARDING THE PRODUCTS AVAILABLE FOR SALE ON THE SITE. ALL IS OTHERWISE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN PARTICULAR, TO THE MAXIMUM EXTENT OF THE LAW, LAUGHACTIVE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

 

ADDITIONAL TERMS AND CONDITIONS

In addition to these Sales Terms and Conditions and the policies stated above, your purchase of Products through the Website is subject to the Website Terms of Use [LINK] and Privacy Policy [LINK].

 

GOVERNING LAW

LaughActive, LLC is located, and controls the Website, from its offices within the State of Georgia. These terms and conditions shall be governed by the laws of the State of Georgia, without giving effect to its conflict of laws provisions. These Sale Terms and Conditions are not enforceable by any party except for LaughActive and its customers. If any provision of these Sale Terms and Conditions is found not to be enforceable, that term will be deleted and all other terms will remain.

*Last Updated October 5, 2016

 

  1. ONE-TIME PAYMENTS

By accepting these terms and conditions through your selection of a one-time Payment, a Payment Method, and your entry of Payment Method information, you hereby authorize LaughActive to charge the Payment Method and its associated Payment Account that you have specified for a one-time Payment. LaughActive offers several Payment Methods for you to make a one-time Payment including, but not limited to, credit cards, debit cards, and PayPal. Some Payment Methods are only available in certain countries.

 

  1. PayPal. PayPal™ is an alternate method for making Payments for your LaughActive Instructor membership. It enables any individual or business with an email address to securely send payments online. With a PayPal account, you can choose to pay with your credit card, debit card, bank account, or PayPal account balance for any purchase you make. Your credit card and bank numbers are never seen by LaughActive. Plus, you are 100% protected against unauthorized payments sent from your account.

 

PAYPAL PROCESS

  • If you select PayPal as your payment option, you will continue through the standard checkout process then automatically proceed to PayPal.com to complete your payment.
  • Once you have been redirected to paypal.com, you will have 25 minutes to complete the payment before your order is cancelled.

For more information, visit the PayPal Help Center. Sign up for PayPal now.

 

  1. RECURRING PAYMENTS TERMS & CONDITIONS

By accepting these terms and conditions through your election to enroll in the Payment Plan selected by you, you hereby authorize LaughActive to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected.

 

Your LaughActive membership will automatically renew at the end of 12 months. LaughActive will automatically charge the renewal fee to your Payment Method each time your membership renews, unless you cancel according to the terms and conditions stated below.

 

Payments, Payment Account and Payment Method. You agree that the Payment Method specified by you for automatic Payments to LaughActive is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card or other mode of payment, as applicable, to make your Payments. The automatic charge to your Payment Method will occur on the Billing Date of the month(s) of payment according to your Payment Plan. In addition, LaughActive may subscribe to an account updater service, which may be supported by your Payment Method issuer, such as your credit card provider or bank. If your Payment Account number or Payment Account expiration date changes, you understand and agree that your Payment Method issuer may notify LaughActive of such changes in order for LaughActive to update your Payment Account information on file and charge automatic Payments to your new Payment Account information.

 

Automatic Renewal.Your membership will continue for 12 months according to your Payment Plan and at the end of your Payment Plan term, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal, or your LaughActive membership is cancelled, terminated, or discontinued by you or by LaughActive. Your Payment Method will automatically be charged at the rates in effect at the time of renewal.

 

Notification of Payments. With the exception of a confirmation email sent to you from LaughActive confirming your selected Payment Plan, you may not receive any receipt of payment emails to your Email Account notifying you that a Payment has been made under the Payment Plan. Such confirmation email may be your only notification from LaughActive regarding your Payments under the Payment Plan. You understand and agree that LaughActive may not provide you with advance notification before a Payment is charged to your Payment Method.

 

Current Information. It is your responsibility to make sure that your Payment Method information and Email Account information are current at all times during the term of the Payment Plan.

 

Payment Method Declined. If any Payment charged to your Payment Method is declined, you authorize LaughActive to make additional attempts each day for up to twenty (20) consecutive days thereafter to successfully charge your Payment Method, if possible under such Payment Method. If LaughActive is unable to successfully charge your Payment Method after such time and you have a recurring Payment Plan, you authorize LaughActive to reattempt Payment Method authorization as stated herein for two (2) additional consecutive months.

 

Cancellation. Cancellation of your LaughActive membership shall be effective at the time of cancellation. Cancellation of must be made on a Business Day and more than twenty-four (24) hours before the Billing Date, unless otherwise permitted under applicable law, or your Payment Method will be charged for the then due Payment. If you cancel your enrollment for recurring Payments on a yearly Payment Plan, and you wish to remain a part of the LaughActive Instructor membership program, you will be responsible for taking the appropriate action to pay the appropriate membership fees for the next month on or before the end of each month. Cancellation fees may apply if you cancel your LaughActive Instructor Membership prior to the end of any minimum commitment period. LaughActive reserves the right to waive any cancellation fee, in whole or in part, at its discretion. LaughActive’s failure to enforce a cancellation fee or any other provisions of these Terms and Conditions shall not be construed as a waiver of the right to assert any such terms on any future occasion.

 

If you are paying your LaughActive Instructor membership outside of the United States, please be advised that the amount charged for your yearly LaughActive membership will be the equivalent of your subscription quoted in United States Dollars converted to your local currency at the existing exchange rate on the day it is charged. As a result of fluctuating exchange rates, the amount charged in local currency may vary from period to period.

 

You may cancel recurring Payments at anytime:

  1. Online:
  • By logging into your LaughActive Instructor Home account located at www.LaughActive.com
  • Click on “Instructor Login”
  • In the “Payment Information” section, click “Update” and select a different payment plan.
  1. By Phone:
  • By calling LaughActive Customer Care Department at 678.596.6979.

 

III. DEFINITIONS

  • “Billing Date” means 12 months of a calendar year, upon which LaughActive will charge a Payment to a Customer’s Payment Method according to a Customer’s elected Payment Plan.
  • “Business Day” means Monday through Friday, excluding official U.S. government holidays and official LaughActive corporate holidays.
  • “Customer,” “you” and “your”, means the person, at least 18 years of age and a licensed LaughActive® Instructor who has elected to enroll in Payments pursuant to a Payment Plan.
  • “Email Account” means the email address you provided to LaughActive at the time you elected to enroll for a Payment Plan.
  • “Payment” means the one-time or automatic, recurring LaughActive membership payment billed to your Payment Method pursuant to the Payment Plan you have enrolled in.
  • “Payment Account” means the account associated with the Payment Method from which Payments will be paid from.
  • “Payment Method” means the credit or debit card information or information for other modes of payment made available to you by LaughActive that you have provided to LaughActive in order to be billed and charged for Payments under the Payment Plan you have selected.
  • “Payment Plan” means the LaughActive membership Payment schedule or one-time Payment that you have affirmatively elected for your LaughActive Instructor membership.
  • “LaughActive” means LaughActive, LLC or its subsidiaries.

Last Updated October 3, 2016

 

IMPORTANT –THESE TERMS OF USE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND LAUGHACTIVE, LLC, (“LAUGHACTIVE” OR “WE”) OWNER OF THE LAUGHACTIVE.COM, AND OTHER RELATED WEBSITES, SUBDOMAINS, AND THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SITE (THE “CONTENT”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY USING THE SITE OR ACCESSING ITS CONTENT, YOU ACCEPT AND AGREE TO THESE TERMS, WHICH GOVERN YOUR USE OF THE SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE WITH ANY TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.

 

Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device. Any distribution, publishing or exploitation of the Site, or any Content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of LaughActive or the applicable rights holder. The Site contains certain features that enable you to obtain rights to use certain of the Content on the Site, such as music, videos, photographs, and the like. In such situations, your rights to use such Content are strictly limited to the rights expressly granted by LaughActive in such situations. You may not otherwise copy, reproduce, distribute, publicly display, sell, create derivative works from, decompile, reverse engineer, disassemble, or otherwise exploit any Content, code, data or materials on the Site including, but not limited to, any music, videos, or photographs. If you make other use of the Site, or the Content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. LaughActive will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

The use and accessibility of certain portions of the Site are only available to members of our LaughActive® Instructor Network These portions of the Site are only accessible to LaughActive Licensees who are eligible and remain in good standing. In the event a person cancels or fails to renew his/her LaughActive Licensee or, if such membership lapses or is terminated for any reason, access to these portions of the Site will be immediately disabled and any content contained therein will no longer be accessible to that person.

 

By using the Site, you will be deemed to have irrevocably agreed to the Terms. Some portions of the Site may be subject to additional terms that will be available for your review prior to accessing these portions of the Site. Such additional terms, which are incorporated herein, will not change or replace these Terms, unless otherwise expressly stated.

 

LaughActive reserves the right to modify, alter, update, or remove portions of the Terms at any time without notice, so please check the Terms from time to time. Your continued use of the Site signifies your acceptance of any changes. LaughActive’s failure to enforce these Terms at any time for any reason shall not be construed as a waiver of its right to enforce them at a later time.

  • How to Contact Us
  • Community Conduct
  • Privacy
  • Disclaimer and Warranties
  • Our Use of Content
  • Links to Third Party Websites
  • Indemnity
  • Applicable Laws and Jurisdictions
  • Copyrights and Trademarks
  • Term and Termination
  • Mobile Services

 

 

 

  1. HOW TO CONTACT US

This Site is controlled and operated by LaughActive, LLC, located at 245 North Highland Avenue NE, Suite 230-423, Atlanta, GA 30307 Please forward any comments or complaints about the Site or any Content to Customer Care [LINK].

 

  1. COMMUNITY CONDUCT

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource or Content contained on the Site.

 

You agree not to (a) sell any non-LaughActive products; (b) send spam or promote any non-LaughActive event, materials, companies, or products; (c) transmit negative/harmful messages about any person, facility, or company; (d) link to any inappropriate websites or videos; (e) mention any copying of music or videos, which would be in violation of copyright laws; (f) take any action intended to threaten, intimidate or harass any other user of the Site, or which is abusive, objectionable, harmful, illegal, hateful or sexually, racially or ethnically discriminatory; (g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (h) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (i) conduct commercial activities and/or sales of any kind without our prior written consent; (j) promote an illegal or unauthorized copy of another person’s copyrighted work, provide information to circumvent manufacture-installed copy-protect devices, or provide pirated music or links to pirated music files; or (k) impersonate any person or entity or attempt to gain unauthorized access to LaughActive’s or any other person’s computers, software, or data.

 

LaughActive will remove from the Site any messages LaughActive deems as inappropriate. LaughActive reserve the right to make all final decisions as to what is considered proper and improper.

LaughActive reserves the right, without notice, to prohibit use of the Site by any user who, in our sole discretion, violates the Terms. Such a prohibition may occur without notice to the user. If you believe another user is violating the Terms, you may notify us, and we will work in good faith to resolve such issues. LaughActive has no obligation to monitor the Site or the Content and are not responsible for the accuracy or reliability of any of the Content or for any defamatory, offensive, or illegal conduct or statement by any user of the Site.

 

LaughActive reserves the right to investigate suspected violations of the Terms, including gathering information from the user or users involved and the complaining party. You hereby authorize LaughActive and its agents to cooperate with (a) law enforcement authorities in the investigation of suspected criminal violations; and (b) system administrators at Internet Service Providers or other network or computing facilities, or other third parties, in order to enforce the Terms. Such cooperation may include the disclosure of personally identifying information. BY ACCEPTING THE TERMS, YOU WAIVE AND HOLD HARMLESS LAUGHACTIVE, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF LAUGHACTIVE, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATIONS.

 

Users of all ages are welcome to browse the Site however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Site and in order to access/use some features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

 

  1. PRIVACY

Please see our Privacy Policy [LINK] which is hereby incorporated into the Terms.

 

  1. DISCLAIMERS AND WARRANTIES

Content on the Site is provided for entertainment purposes only.

 

The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LAUGHACTIVE, LLC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

NEITHER LAUGHACTIVE NOR THE SITE PROVIDES MEDICAL ADVICE. THE SITE IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.

 

LAUGHACTIVE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE, INCLUDING IN ANY MATERIALS. RELIANCE ON ANY INFORMATION PROVIDED BY THE SITE, THE MATERIALS, OR ANY LAUGHACTIVE EMPLOYEES OR OTHERS APPEARING ON THE SITE OR IN ANY MATERIALS IS SOLELY AT YOUR OWN RISK.

 

LaughActive does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. The above exclusions apply to you to the extent permitted by applicable law.

 

  1. LAUGHACTIVE’S USE OF CONTENT

You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) you submit, upload, post or otherwise provide or make available to us or our vendors, on or through the Site or otherwise, including User Content you upload or post on third party websites, such as Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to LaughActive, including, for example, #LaughActive. Such Submissions may be used on the Site and/or on other LaughActive marketing materials, including on the Site, in emails and on social media. You may only make a Submission if you are 18 years of age or older. If we select a Submission for use on the Site, it may be displayed for others to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our discretion.

 

All Submissions are treated as non-confidential and non-proprietary, except as specifically set forth herein. By making a Submission, you grant, and represent and warrant that you have the right to grant, LaughActive, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

 

If you make a Submission, you represent and warrant that you own or otherwise control any rights therein and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s terms of use.

 

You further represent and warrant that your Submissions does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify LaughActive and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws.

 

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by us without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

 

We reserve the right, in our sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. The Site may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of LaughActive, and we do not endorse any such opinions, statements, or materials.

 

You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

 

Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site or otherwise (“Feedback”) shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary. Please note that if you do send us any such information or material, the information will be treated as non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.

 

You understand that we do not control, and are not responsible for Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of the use of any Feedback posted, emailed or otherwise made available. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback for any reason.

 

Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.

 

  1. LINKS TO THIRD PARTY WEBSITES

The Site includes links to various third party websites. We are providing these links solely as a convenience. Such linked third party sites are not under our control. We have not reviewed all of the sites linked from the Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on the Site does not imply our endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.

 

  1. INDEMNITY

You agree to indemnify, defend, and hold harmless LaughActive, LLC and its officers, employees, directors, affiliates, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from: (a) your breach of these Terms or of any representation or warranty made by you in these Terms; (b) any Submissions you make; and/or (c) your activities in connection with the Site or Content.

 

  1. APPLICABLE LAWS AND JURISDICTION

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.

 

LaughActive controls the Site (excluding third party linked sites) from our corporate offices in Georgia, United States of America. We make no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions. The laws of Georgia, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from your use of the Site (a “Dispute”). You also agree to submit to the exclusive personal jurisdiction and venue of Fulton County, in Atlanta, Georgia, United States of America, or of any federal court located in Georgia for resolution of any and all Disputes related to the Site or Content.

 

You also acknowledge and understand that, with respect to any Dispute: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE.

 

In the event we incur attorneys’ fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to the recovery of those fees and expenses from you.

 

  1. COPYRIGHTS AND TRADEMARKS

The Site and Content are the property of LaughActive, LLC, and its licensors and are protected by United States and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by LaughActive, LLC on the Site or elsewhere are reserved to LaughActive, LLC and its licensors.

 

The following are LaughActive’s registered trademarks in the United States: LAUGHACTIVE®, among other terms and logos. We also own trademark rights in the following terms: PUTTING THE FUN IN FITNESS™, EXERCISE ENHANCED BY LAUGHTER™, among other terms and logos.

 

In addition, the Site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the Site or in the Content are the sole property of their respective owners.

 

If you believe any Content infringes your copyright, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the photograph and/or video content you claim is infringing and where it is located on the Site; (d) your address, telephone number, and email address; (e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to LaughActive’s designated agent listed below. All counter notifications must include responsive information to what is set forth above including any required statements or signatures. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Global Intellectual Property Counsel, 245 North Highland Avenue NE, Suite 230-423, Atlanta, GA 30307, (678) 596-6979, email administrator@lauhactive.com

 

  1. TERM AND TERMINATION

These Terms and your right to use the Site will take effect at the moment you install, download, access, or use the Site or Materials and is effective until terminated as set forth below. These Terms will terminate automatically if you fail to comply with any of the terms and conditions described herein. LaughActive also reserves the right to terminate these Terms (including any registered account) at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of these terms, or in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that LaughActive shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of these Terms. LaughActive shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of these Terms in accordance with this Section. You may also terminate this Agreement at any time by ceasing to use the Site. But, all applicable provisions of these Terms will survive termination, as outlined below. Any licenses from LaughActive and any right to use the Site shall immediately cease upon termination of these Terms. The provisions concerning Feedback, LaughActive’s ownership rights, the user content license grant, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of these Terms for any reason.

 

  1. MOBILE SERVICES

The Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from LaughActive, and access certain other features (collectively, “Mobile Services”). By using the Mobile Services, you agree that LaughActive may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to LaughActive. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription Account information to ensure that the messages LaughActive intends to send to you are not sent to another person who acquires your former mobile telephone number. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.