THIS LEGAL AGREEMENT BEWEEN YOU AND CHEER FACTORY ("CHEER FACTORY") GOVERNS YOUR USE OF THE PI STORE SERVICE (THE “SHOPPING SERVICE”).
THE PI STORE SERVICE
CHEER FACTORY is the provider of the Shopping Service, which permits you to purchase or digital files with content ("CHEER FACTORY Products") for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE
This Shopping Service is only available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Use of the Shopping Service requires compatible devices, Internet access, and certain software for playback of purchased files. You agree that meeting these requirements, which may change from time to time, is your responsibility. CHEER FACTORY is not providing hardware nor software for playback of files purchased in Shopping Service.
As a registered user of the Shopping Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify CHEER FACTORY of any security breach of your Account. CHEER FACTORY shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Shopping Service ("CHEER FACTORY Registration Data"), and you agree to update your CHEER FACTORY Registration Data to keep it accurate and complete. You agree that CHEER FACTORY may store and use the CHEER FACTORY Registration Data you provide for use in maintaining and billing fees to your Account.
In order to purchase and download CHEER FACTORY Products from the Shopping Service, you may provide your Registration Data or to purchase without registration. When registering you agree to enter your accurate and correct data. CHEER FACTORY may store this data to help future purchases, and to process sales and delivery of purchased Products.
DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
After the purchase of CHEER FACTORY Products, you will receive a link to download purchased files with digital content. You may be eligible to redownload previously purchased files given that they are still available at the Shopping Service. Some CHEER FACTORY Content that you previously purchased may not be available for subsequent download at any given time, and CHEER FACTORY shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased CHEER FACTORY Product, once you download an item of CHEER FACTORY Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up. CHEER FACTORY reserves the right to change content options including eligibility for particular features without notice.
USE OF PURCHASED CONTENT
You agree that you shall use CHEER FACTORY Products only for personal, non-commercial use, in compliance with the applicable usage rules established by CHEER FACTORY and its licensors, and that any other use of the CHEER FACTORY Products may constitute a copyright infringement. CHEER FACTORY reserves the right to modify the Usage Rules at any time.
CHEER FACTORY Products are only for personal use and may not be used for any commercial purpose, nor shared with others. You are authorized to use the purchased Products at any time on all owned devices. CHEER FACTORY Products do not contain security technology that limits your usage of such products. You may copy, store, and burn CHEER FACTORY Products as reasonably necessary for personal, non-commercial use.
Delivery of purchased Products does not transfer to you any commercial rights or licenses, nor rights to promotional use of CHEER FACTORY Products, nor rights to resell, commercial exploitation, distribution of any kind, uploading to servers or webpages, not broadcasting.
SUBMISSIONS TO THE SHOPPING SERVICE
The Shopping Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Shopping Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Shopping Service. You hereby grant CHEER FACTORY a worldwide, royalty-free, nonexclusive license to use such materials as part of the Shopping Service, and in relation to CHEER FACTORY Products, without any compensation or obligation to you. CHEER FACTORY reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
CHEER FACTORY has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Shopping Service, to investigate any reported or apparent violation of this Agreement, and to take any action that CHEER FACTORY in its sole discretion deems appropriate, including, without limitation, termination hereunder.
Certain content, CHEER FACTORY Products, and services available via the Shopping Service may include materials from third parties. CHEER FACTORY may provide links to third-party websites as a convenience to you. You agree that CHEER FACTORY is not responsible for examining or evaluating the content or accuracy and CHEER FACTORY does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that CHEER FACTORY is not in any way responsible for any such use by you.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the Shopping Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Shopping Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the Shopping Service for signs of symptoms.
You agree that the Shopping Service, including but not limited to CHEER FACTORY Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Shopping Service, contains proprietary information and material that is owned by CHEER FACTORY and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Shopping Service in compliance with this Agreement. No portion of the Shopping Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Shopping Service in any manner, and you shall not exploit the Shopping Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, CHEER FACTORY and its licensors reserve the right to change, suspend, remove, or disable access to any CHEER FACTORY Products, content, or other materials comprising a part of the Shopping Service at any time without notice. In no event will CHEER FACTORY be liable for making these changes. CHEER FACTORY may also impose limits on the use of or access to certain features or portions of the Shopping Service, in any case and without notice or liability.
All copyrights in and to the Shopping Service including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software are owned by CHEER FACTORY and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SHOPPING SERVICE, EXCEPT FOR USE OF THE SHOPPING SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Stylized PI logo, performers’ names Wojtek Pilichowski, Pilichowski Band, CHEER FACTORY, the CHEER FACTORY logo, CHEER FACTORY, and other CHEER FACTORY trademarks, service marks, graphics, and logos used in connection with the Shopping Service are trademarks or registered trademarks of CHEER FACTORY in the UK and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Shopping Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or CHEER FACTORY suspects that you have failed, to comply with any of the provisions of this Agreement, CHEER FACTORY, at its sole discretion, without notice to you may terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or preclude access to the Shopping Service (or any part thereof).
CHEER FACTORY reserves the right to modify, suspend, or discontinue the Shopping Service (or any part or content thereof) at any time with or without notice to you, and CHEER FACTORY will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
CHEER FACTORY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SHOPPING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CHEER FACTORY MAY REMOVE THE SHOPPING SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SHOPPING SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SHOPPING SERVICE IS AT YOUR SOLE RISK. THE SHOPPING SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SHOPPING SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY CHEER FACTORY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL CHEER FACTORY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SHOPPING SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SHOPPING SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHOPPING SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHEER FACTORY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
CHEER FACTORY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SHOPPING SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CHEER FACTORY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
CHEER FACTORY DOES NOT REPRESENT OR GUARANTEE THAT THE SHOPPING SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CHEER FACTORY DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CHEER FACTORY PRODUCTS PURCHASED OR RENTED FROM THE CHEER FACTORY STORE.
WAIVER AND INDEMNITY
BY USING THE SHOPPING SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD CHEER FACTORY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SHOPPING SERVICE, OR ANY ACTION TAKEN BY CHEER FACTORY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CHEER FACTORY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SHOPPING SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CHEER FACTORY'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHEER FACTORY reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Shopping Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Shopping Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and CHEER FACTORY and governs your use of the Shopping Service, superseding any prior agreements between you and CHEER FACTORY. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CHEER FACTORY's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. CHEER FACTORY will not be responsible for failures to fulfil any obligations due to causes beyond its control.
The Shopping Service is operated by CHEER FACTORY from its offices in the United Kingdom at Kemp House, 152-160 City Road, London EC1V 2NX. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Shopping Service. All transactions on the Shopping Service are governed by British law, without giving effect to its conflict of law provisions. Your use of the Shopping Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with CHEER FACTORY or relating in any way to your use of the Shopping Service resides in the courts in the United Kingdom. Risk of loss and title for all electronically delivered transactions pass to the purchaser upon electronic transmission to the recipient. No CHEER FACTORY employee or agent has the authority to vary this Agreement.
CHEER FACTORY may notify you with respect to the Shopping Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Shopping Service. Notices shall become effective immediately.
CHEER FACTORY reserves the right to take steps CHEER FACTORY believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that CHEER FACTORY has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as CHEER FACTORY believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CHEER FACTORY's right to cooperate with any legal process relating to your use of the Shopping Service and/or CHEER FACTORY Products, and/or a third-party claim that your use of the Shopping Service and/or CHEER FACTORY Products is unlawful and/or infringes such third party's rights).