Date of Last Revision: 18 October 2019
INTRODUCTION
LLT Enterprises, L.L.C. (“LLT Enterprises,” “We,” “Us,” or “Our”) provides a website and online environment whereby users can make and share sound recordings, audio content, and other content, and make purchases over the Internet (collectively, the “Services”), which are made available through the website www.screamattrump.com (collectively, the “Site”). Your utilization of the Services, along with your access to and use of the Site, are governed by these Terms of Service (the “Terms”). Please read these Terms carefully before accessing or using the Site or utilizing the Services.
By accessing or using the Site or utilizing the Services, you acknowledge that you have read and understand these Terms and that they constitute binding and enforceable obligations on you. Also, by accessing or using the Site or utilizing the Services, you agree to these Terms and Our Privacy Policy (which is incorporated into these Terms by reference).
We reserve the right, and may, at Our sole discretion, modify or update any aspect of these Terms at any time. If We do so, We will post the updated Terms to the Site and note the date the changes went into effect. Any modified or updated Terms are effective upon their posting to the Site. Your continued access to or use of the Site or utilization of the Services after such posting constitutes your acceptance to the modified and/or updated Terms. If you do not agree with these Terms, please do not access or use the Site or utilize the Services. It is your responsibility to regularly review the Terms to determine whether any modifications or updates have been made. Also, We reserve the right to alter or discontinue the Site and/or the Services, in whole or in part, at any time, for any reason, and without notice to you, in Our sole discretion. Please note that any rights granted by you to LLT Enterprises in these Terms are also granted by you to Our directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates.
ELIGIBILITY
By accessing or using the Site or utilizing the Services, you represent and warrant that you are at least thirteen (13) years old or older. If you are under the age of 13, you may not access or use the Site or utilize the Services. If you are under the age of 18 or the age of majority in your jurisdiction, then you may not access or use the Site or utilize the Services without the permission of your parent or guardian.
TERM
You may voluntarily discontinue your access to and use of the Site and/or utilization of the Services at any time. LLT Enterprises may also terminate your access to and use of the Site and/or your utilization of the Services at any time and for any reason, at Our sole discretion, including, without limitation, due to your violation of these Terms. If your access to or use of the Site and/or utilization of the Services is discontinued or terminated, your obligations under these Terms will nonetheless remain in effect.
You acknowledge and agree that any such discontinuation or termination may involve the deletion or removal of any material or content provided to Us (including User Content) without warning to you. LLT Enterprises shall not be liable to you in any way whatsoever for any termination or discontinuation of your access to or use of the Site and/or utilization of the Services, or the deletion, removal, or loss of any material or content (including User Content) provided to LLT Enterprises. Moreover, LLT Enterprises has no obligation to save your material or content (including User Content) or to make material or content (including User Content) available to you upon the termination or discontinuation of your access to and use of the site or utilization of the Services.
USER ACCOUNT
You may access or use the Site or utilize the Services without creating a user account. However, some features or functionality of the Site or the Services may not be available to you without first creating a user account.
You must be at least thirteen (13) years of age to create a user account with Us, and to otherwise access and use the Site and to utilize the Services. If you are not at least 13 years old, please do not set up a user account with Us or otherwise access or use the Site or utilize the Services. If you are under the age of 18 or the age of majority in your jurisdiction, then you must obtain permission from your parent or guardian to create a user account with Us or to access or use the Site or utilize the Services.
When creating a user account, you must supply a unique user name and password, along with other information about yourself, as requested. By creating a user account, you represent and warrant that you are at least 13 years old, that you have obtained the permission of your parent or guardian to create a user account if you are under the age of 18 or the age of majority in your jurisdiction, and the information supplied by you is complete, accurate, and current, and that you will keep such information up to date.
You are solely and fully responsible for safeguarding and maintaining the security and confidentiality of the unique user name and password you use to access your user account, and for any and all actions taken under your user account (whether authorized by you or otherwise). LLT Enterprises shall not be liable for any actions taken under your user account (whether authorized by you or otherwise) or for any loss or unauthorized use of your user name and password. You shall promptly notify Us of any unauthorized access to or use of your user account. You shall not access or attempt to access another user’s user account.
USE OF SITE
You may access and use the Site, and utilize the Services, solely for your personal, noncommercial use. Subject to and conditioned upon your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Site, and utilize the Services, as made available by Us to you, for personal, non-commercial purposes only. Except as expressly authorized by these Terms, you may not use, reproduce, copy, distribute, modify, transmit, publicly display, sell, or create derivative works from any portion of the Site or the Services without first obtaining the express written permission to do so from an authorized representative of LLT Enterprises.
Any software that We provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
While we make reasonable efforts to accurately display the attributes of Our services, including the applicable colors and sound quality, the actual attributes you see will depend on your device, and We cannot guarantee that your device will accurately display such attributes.
When accessing or using the Site, or utilizing the Services, you agree not to:
violate any applicable law, regulation, rule, or governmental order;
violate the rights of another (whether such rights are afforded by law, by contract, in equity, or otherwise), including, without limitation, intellectual property rights, proprietary rights, and rights of publicity and privacy;
harass, stalk, threaten, defame, or otherwise detrimentally impact the safety of another;
use or submit fraudulent, misleading, or inaccurate personal information, contact information, credit card information, or other information;
upload, transmit through, or display on the Site or the Services, any material or content, including a sound recording, audio content, or any other content, of another who has not given permission for you to do so;
upload, transmit through, or display on the Site or the Services, any material or content, (including User Content) that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, that advocates violence or unlawful activity, that advocates terrorism, that contains hate speech, that contains nudity, that infringes upon or violates the rights of another (whether such rights are afforded by law, by contract, in equity, or otherwise), that is considered confidential or proprietary to or a trade secret of another, that is an advertisement, solicitation, or a commercial communication, or that scrapes, harvests, or collects the personal, financial, or contact information of any user of the Site or the Services;
engage in spamming, or transmit software or other content that contains a virus, worm, Trojan horse, defect, or other destructive item;
restrict or inhibit another from accessing or using the Site, or utilizing the Services;
take any action to damage, disable, overburden, or impair the Site or the Services;
modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any portion of the Site or the Services;
remove from the Site or the Services any notice of intellectual property rights or proprietary rights, including, without limitation, a copyright notice, or a trademark or service mark notice, or attempt to do any of the foregoing.
LLT Enterprises reserves the right to terminate your access to and use of the Site, and utilization of the Services, and to remove any material or content (including User Content) provided by you, which LLT Enterprises, in its sole discretion, believes to be in violation of these Terms.
SHARING
Some of Our Services let you create, upload, post, send, share, receive, and/or store content (including User Content). When you do this, you retain whatever ownership rights in that content you had to begin with, but you hereby grant LLT Enterprises and Our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, save, use, display, publicly perform, reproduce, modify, adapt, edit, publish, share, distribute, create derivative works from, and sub-license that content, including over the Internet. You acknowledge and agree that We have no responsibility or liability for any transmission or content included in such transmissions, sent or received by you. We reserve the right, in Our sole discretion, to set limits on the number and size of transmissions sent or received through or Site or the Services and/or the amount of storage space available for transmissions.
Also, you may elect to share content (including User Content) with others, including on or through the Site or the Services. When you choose to share your content, it means you are giving others, possibly including the general public, access to view and potentially use that content. People on and off of the Site may be able to view the content and associate it with you. Sharing your content is done at your sole risk.
Further, your sharing of content shall not violate any law, regulation, rule, or governmental order, nor violate or infringe upon the rights of another (whether such rights are afforded by contract, at law, in equity, or otherwise), including, without limitation, intellectual property rights, rights of publicity, and rights of privacy. You shall indemnify, defend, and hold harmless, LLT Enterprises, its directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates from and against any and all losses, damages, liabilities, fees (including reasonable attorneys’ fees), fines, penalties, costs (including court costs), and expenses that arise from or relate to any claim, cause of action, proceeding, lawsuit, or action related, whether directly or indirectly, to the sharing of content by you, whether or not reviewed or considered by Us in advance.
OWNERSHIP
By LLT Enterprises
LLT Enterprises or its licensor(s) (if any) own the Site and the Services, all contents and portions thereof, and all rights, title, and interests therein and thereto, including, without limitation, all patent rights, copyright rights, trademark rights, service mark rights, trade secrets, software, technology, and all other intellectual property rights and proprietary rights. Nothing in these Terms transfers, or should be construed as transferring, any aspects of the Site, the Services, or any rights therein or thereto to you or to any third party. Your right to access and use the Site, and utilize the Services, is subject to these Terms and the limited license granted to you herein. Additionally, all trademarks, service marks, and other brand indicia of LLT Enterprises is the sole and exclusive property of LLT Enterprises, and you may not copy, imitate, or use any of the foregoing (or anything confusingly similar thereto), in whole or in part, without first obtaining the express prior written permission to do so from an authorized representative of LLT Enterprises.
USER CONTENT
When accessing and using the Site, or utilizing the Services, you may provide or submit material or content, including, without limitation, sound recordings, audio content, other content, and data (“User Content”). You are solely responsible and liable for User Content and the use, provision, submission, and sharing thereof, and LLT Enterprises shall not be responsible or liable in any way therefor.
As between you and LLT Enterprises, you will retain ownership of User Content. However, by providing or submitting User Content on or through the Site or the Services, you hereby grant to LLT Enterprises a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, perpetual, and worldwide right and license to use, reproduce, modify, edit, adapt, publish, share, distribute, store, save, create derivative works from, display, publicly perform, and sub-license User Content. You also waive any moral or artistic rights with respect to User Content. Please note that while you retain ownership of User Content, any other material or content accessible on or through the Site or the Services is not owned by you and the rights therein and thereto are retained by Us or Our licensor(s) (if any).
You represent and warrant that you own User Content, or otherwise possess all necessary rights to use, provide, submit, and license User Content, and that User Content and the use, provision, submission, and licensing thereof does not and will not violate any law, regulation, rule, or government order or infringe upon or violate any rights of another (whether such rights are afforded by law, by contract, in equity, or otherwise), including, without limitation, patent rights, copyright rights, trademark and service mark rights, trade secrets, and any other intellectual property rights or proprietary rights.
To the extent User Content contains your name, image, voice, or likeness, you consent to Our use of the same as provided for in these Terms, and you hereby waive, and release and discharge LLT Enterprises from, any and all claims, causes of action, demands, liabilities, costs, and damages arising from such use, including, without limitation, for defamation, libel, emotional distress, invasion of privacy, violation of rights of publicity or rights of privacy, and violation of moral or artistic rights.
User Content shall not include the name, image, voice, or likeness of another unless you have obtained the written consent, permission, and release from such person (or such person’s parent or guardian, to the extent such person is under the age of majority) to use and grant the right to use their name, image, voice, and/or likeness in the same manner that all User Content may be used by you or Us under these Terms. Such written consent, permission, and release shall contain an identical waiver, release, and discharge of LLC Enterprises as the one you have provided to Us in these Terms. In fact, you represent and warrant that you have obtained such a written, consent, and release from any and all persons (or such person’s parent or guardian, to the extent such person is under the age of majority) whose name, image, voice, and/or likeness appears in User Content, and you agree to provide a copy of such written consent to Us upon request. If User Content contains the image, voice, and/or likeness of an individual under the age of majority, you shall not include any identifying information (e.g., name or address) along therewith.
You agree that LLT Enterprises reserves the right, but is not obligated, to review User Content, and to filter, block, modify, remove, and delete User Content from the Site or the Services at any time, for any reason, and without notice to you. We are not and will not be responsible or liable for any of the foregoing conduct or the loss of User Content as a result thereof. We recommend that you keep back-up copies of your User Content.
MAKING PURCHASES
You acknowledge and agree that LLT Enterprises may charge for products and services, including the Services and merchandise. Our current prices, fees, and charges can be found on the Site. The price, availability, and specifications of Our products and services are subject to change without prior notice. The availability of any product or service on the Site at a particular time does not imply or warrant that such product or service will be available at any other time.
To make any purchases through the Site, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You agree to pay all fees and charges incurred in connection with your purchases, including, without limitation, taxes, duties, shipping fees, and other charges, at the rate in effect when such fees and expenses are incurred. Title and risk of loss for any purchase pass to you upon the delivery of the same to the carrier. Any products ordered for delivery outside of the United States may be subject to import duties and taxes, which you are also responsible for paying, along with any charges for customs clearance. For any foreign-bound purchases, you agree that you are the importer of all purchased items and will follow all applicable laws of the destination country.
All purchases must be made in the form of a valid credit card of the type We accept or through a third party payment processing system of the type We engage. LLT Enterprises does not accept cash, checks, or any other form of payment other than credit card and such third party payment processing system(s), although We reserve the right to change Our policies in the future. By providing credit card or other payment information to LLT Enterprises or a third party payment processing system that We engage for purchases, you agree that LLT Enterprises and such third party processing system need not provide any additional notice to or obtain any additional consent from you before invoicing applicable charges to that credit card or payment platform. You also agree that We and such third party payment processing system are authorized to immediately invoice charges to your credit card or payment platform for all fees and charges due and payable to LLT Enterprises as a result of your purchases.
If you seek to purchase any products or services, including the Services, through the Site, LLT Enterprises and/or its third party payment processor will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in Our Privacy Policy. All information that you provide to Us or such third party payment processor must be accurate, current, and complete. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. Verification of information applicable to a purchase may be required prior to Our acceptance of any order.
PAYMENT DISPUTES
For any dispute of charges to your credit card or through the payment processing service(s) We engage, you must notify LLT Enterprises, in writing, within seven (7) days of receiving your credit card statement from your credit card provider. Any such written notice should contain sufficient detail to allow LLT Enterprises to understand the nature of the dispute. Such notice must also be sent to LLT Enterprises Customer Support by email at screamattrump@screamat.com.
RETURNS
All sales are final.
COPYRIGHT POLICY
While LLT Enterprises is not obligated to review User Content for copyright infringement or otherwise, We respect the intellectual property rights of others. The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Site infringes your copyright rights, you (or your authorized agent) may send Us a notice requesting that such material be removed or access to it be blocked.
The notice must include the following information: (i) a physical or electronic signature of the owner of an exclusive right that is allegedly infringed or of a person authorized to act on his or her behalf; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Us to locate the material on the Site; (iv) information reasonably sufficient to permit Us to contact the complaining party, such as a name, address, telephone number, and email address; (v) a statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.copyright.gov or 17 U.S.C. § 512(c)(3) for more details).
DMCA notices and counter-notices regarding the Site should be sent to:
LLT Enterprises Attn: Copyright Department Email: screamattrump@screamat.com
PRIVACY
LLT Enterprises cares about the privacy of its users. For more information about Our privacy practices, please review Our Privacy Policy, which is incorporated into these Term by reference.
COMMUNICATIONS
By creating a user account or utilizing the Services, you grant Us the right to contact you via email regarding LLT Enterprises, the Site, or the Services. To opt out of receiving such email communications, please contact Us by email at screamattrump@screamat.com.
NOTICE FOR CALIFORNIA USERS
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Such information is subject to change from time to time.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT CONTAINED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. ADDITIONALLY, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE SITE AND THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE FROM DEFECTS OR DELAYS. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE FROM OR RELATE IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SITE, OR YOUR UTILIZATION OF THE SERVICES, OR OUR PROVISION OF OR FAILURE TO PROVIDE THE SAME, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE IN ANY WAY FOR ANY CONDUCT OF USERS OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR UNAUTHORIZED CONDUCT, AND THAT THE RISK OF INJURY THEREFROM RESTS ENTIRELY WITH YOU. FURTHERMORE, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR THE USE, PROVISION, OR SUBMISSION OF ANY MATERIAL OR CONTENT, USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO OBTAIN A REFUND FOR AMOUNTS PAID BY YOU TO LLT ENTERPRISES THEREFOR AND TO STOP YOUR USE OF AND ACCESS TO THE SITE AND YOUR UTILIZATION OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY LLT ENTERPRISES WILL HAVE TO YOU FOR ANY CLAIM WHATSOEVER SHALL BE THE ACTUAL AMOUNTS PAID BY YOU TO LLT ENTERPRISES OR USD $100.00, WHICHEVER IS GREATER. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold LLT Enterprises and its and its directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates harmless from and against any and all losses, damages, liabilities, fees (including reasonable attorneys’ fees), fines, penalties, costs (including court costs), and expenses that arise from or relate to any claim, cause of action, proceeding, lawsuit, or action related, whether directly or indirectly, to: (a) your access to or use of the Site or your utilization of the Services in violation of these Terms; (b) any act or omission made through your user account; (c) your breach of any representation or warranty made by you herein; (d) any use, provision, submission, or sharing of content including User Content (including, without limitation, in a manner that violates or infringes upon the rights of another, whether such rights are afforded by law, by contract, in equity, or otherwise); or (e) your violation of any applicable law, regulation, rule, or governmental order.
GOVERNING LAW, JURISDICTION, VENUE
These Terms, and any subsequent amendment or modification thereto, shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Kentucky, without regard to its or any other jurisdiction’s conflicts of law rules or principles. Any claim, cause of action, legal proceeding, or lawsuit about, involving, or arising from these Terms shall be brought in the appropriate state or federal courts located in Louisville, Kentucky. You hereby consent to the exclusive jurisdiction of such courts, and expressly disclaim and waive any objection thereto, including an objection based on lack of personal jurisdiction, inconvenient venue, or improper forum. If you reside outside of the United States, you hereby consent to extraterritorial service of process. Any cause of action by you with respect to the Site or the Services must be instituted within one (1) year after the cause of action accrued, or the same shall be forever waived and barred.
CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SITE OR UTILIZATION OF THE SERVICE INDICATES YOUR EXPRESS CONSENT TO THIS WAIVER.
REMEDIES
Any breach of these Terms by you may result in immediate and irreparable injury to LLT Enterprises and its directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates (the “Non-Breaching Parties”) in an amount that is difficult to ascertain. Therefore, in the event of a breach or threatened breach of these Terms by you, or in anticipation of a breach of these Terms by you, the Non-Breaching Parties shall be entitled to proceed directly to court to obtain the remedies of specific performance and injunctive relief without the necessity of posting a bond or assuming other undertakings therewith. The right to seek specific performance and injunctive relief is in addition to all other remedies that may otherwise be available to the Non-Breaching Parties at law, in equity, or otherwise. All of the Non-Breaching Parties’ remedies for any breach of these Terms shall be cumulative, and the pursuit of one remedy shall not be deemed to exclude any other remedies. Moreover, if any claim, cause of action, action, legal proceeding, or lawsuit, whether at law, in equity, or otherwise, is brought by one or more of the Non-Breaching Parties to enforce or interpret these Terms, such Non-Breaching Parties shall be entitled to the recovery of reasonable attorneys’ fees and court costs incurred as a result thereof.
MISCELLANEOUS
These Terms constitute the entire agreement between you and LLT Enterprises regarding the subject matter herein, and they supersede any prior or contemporaneous oral or written agreements between Us related to such subject matter. While We may modify or amend these Terms as provided in these Terms, these Terms may not be modified or amended by you without first obtaining the express prior written permission from an authorized representation of LLT Enterprises.
Should any part, term, or provision of these Terms be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and any illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of these Terms. In such event, each party agrees that the court may impose any lesser restrictions it considers appropriate to protect the interests and intent of the parties.
No waiver by LLT Enterprises of any breach of these Terms shall be deemed a waiver of any other breach of these Terms, of any other obligation, term, condition, or of provision of these Terms, or any claim to which We are entitled under the these Terms. Similarly, a delay or failure by LLT Enterprises to raise a claim to which it is entitled under these Terms shall not be deemed a waiver of any other claim entitled to Us, of any breach of these Terms, or of any other right, part, term, or provision of these Terms.
You may not transfer, assign, or sub-license your rights or delegate your obligations provided under these Terms without first obtaining the express prior written permission from an authorized representative of LLT Enterprises to do so. However, nothing in these Terms of Use shall prevent Us from transferring, assigning, or sub-licensing Our rights or delegating Our obligations under these Terms without restriction.
Any heading, caption, or section title contained in these Terms has been included for convenience only, and in no way limit or define the scope of these Terms, and shall have no legal effect.
These Terms are binding upon and shall inure to the benefit of each party hereto, and each of their respective successors, heirs, and assigns (as may be applicable and permitted herein).
CONTACT
For general questions, please visit the Help page on the Site. If you have any questions regarding these Terms, please contact:
LLT Enterprises
Email: screamattrump@screamat.com
ScreamAt TM