Effective Date: 2018年5月25日.

PixFix.com is owned and operated by Cedar Lake Ventures, Inc., which is based in the United States. As with all of our legal agreements, our terms of use and privacy policy are only available in English and are subject to United States law. 本通知不对此类协议作出修改或延长,仅用作礼节性的通知。

PixFix.com and Cedar Lake Ventures, Inc.

PixFix.com is owned and operated by Cedar Lake Ventures, Inc.. This is why there are a lot of references to Cedar Lake Ventures below and very few to Pix Fix.

PIX FIX TERMS OF USE

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY CEDAR LAKE VENTURES, INC.. ("COMPANY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY COMPANY , INCLUDING, WITHOUT LIMITATION, THE PIXFIX.COM WEBSITE AND DOMAIN NAME ("SITES"), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE"). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE.

Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Sites by Company. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to corporations and to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use

Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration

As a condition to using certain aspects of the Service, you will be required to register with Company and submit a valid email address ("Company User ID") and select a password. You shall provide Company with accurate, complete, and updated registration information. You shall not register for multiple accounts. If you need to change your email address, contact Company using the options available on the Website. Failure to follow these rules shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a Company User ID an email address of another person with the intent to impersonate that person; (ii) use as a Company User ID an email address subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Company User ID an email address that is otherwise offensive, vulgar or obscene; or (iv) use as a Company User ID an email address where you cannot receive email. Company reserves the right to refuse registration of, or cancel a Company User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use or attempt to access another user's account without such other user's express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment

Company reserves the right to require payment of fees for certain features of the Service. Should you elect to use such features, you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, without notice. Use of the Service by you constitutes your acceptance of any new or increased charges.

Third Party Sites

The Service may provide you with links to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Company and Site Content

You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

Automated Access and Data Use Restrictions

The Sites and Service, including all pages, data, images, metadata, and other assets, are protected computer systems. You agree not to access or use the Sites or Service by automated means except as explicitly permitted by Company and the applicable robots.txt.

  • You must comply with robots.txt and any content signals presented by the Sites, including without limitation: search=yes and ai-train=no.
  • Where automated access is permitted by robots.txt, it is limited to HTML, CSS, and user-visible image files displayed to end-users.
  • Accessing, copying, or harvesting underlying JavaScript, JSON, API endpoints, data fetched dynamically by scripts, or other non-public interfaces is prohibited.
  • Assets that are only fetched by JavaScript may not be scraped or copied.
  • Any access that violates these restrictions constitutes unauthorized access and may violate applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and similar laws.
  • Even for non-copyrighted content, automated collection or replication for any purpose (including automated processing, machine learning, or dataset compilation) is prohibited and constitutes unauthorized access under these Terms.

Prohibition on AI Training and Data Mining

Without Company’s prior written consent, you may not use any content, data, assets, or results from the Sites or Service—including but not limited to fonts, background-removed images, vectorized images, previews, thumbnails, metadata, or derivative works—for AI or ML purposes.

  • No training, fine-tuning, evaluation, benchmarking, red-teaming, or dataset construction for any AI or ML system.
  • No sharing, sublicensing, or providing any such content or results to third parties for AI or ML purposes.
  • No use of the Service’s content or results to develop, improve, or validate systems that compete with or replicate the Service (including systems for font design or rendering, background removal, image vectorization, or similar automated image/design processing).
  • Commercial or institutional AI/ML use is prohibited absent express written consent from Company.
  • Automated collection or access that degrades performance, consumes disproportionate resources, or imposes undue costs is prohibited.

User Accounts and Access Integrity

Accounts must be used in good faith and consistent with Company’s technical and pricing controls.

  • Creating or maintaining multiple accounts to evade usage limits, rate limits, pricing tiers, or other restrictions is prohibited and constitutes unauthorized access.
  • Account credentials, access tokens, and API keys are personal, confidential, and non-transferable. Account sharing is prohibited.
  • Company may detect, limit, or suspend accounts engaged in circumvention or abuse.

Assets Displayed or Licensed by the Service

The Service may display, distribute, or license digital assets generated, curated, or otherwise created through automated systems operated or controlled by Company (collectively, “Assets”). Assets include, without limitation, fonts, font files, type specimens, background-removed images, vectorized images, icons, and similar graphical or typographic elements.

  • Company and its licensors retain ownership of all intellectual property rights in the Assets and in any underlying models, algorithms, and data used to create or curate them.
  • Your rights to use Assets are governed solely by the license presented at the time of access, download, or purchase.
  • By downloading, accessing, or using any Asset, you agree to the specific license terms linked or displayed in connection with that Asset, and such license terms are hereby incorporated into these Terms of Use by reference.
  • Assets may be produced or selected via probabilistic or automated processes. Company does not warrant uniqueness, non-infringement, or absence of resemblance to existing works. You are responsible for determining suitability for your intended use.
  • You may not reverse engineer, extract, reconstruct, or derive any underlying models, latent representations, training data, or algorithms from any Asset, preview, or output.
  • Company may showcase Assets in galleries, product pages, and promotional materials.

AI System Transparency

Certain features of the Service may employ artificial intelligence or machine learning models operated by Company. Company may disclose, where relevant, the general nature or version of such systems for transparency, but makes no representation or warranty regarding model behavior, bias, or fitness for a specific purpose.

API and Automated Interfaces

If the Service offers an API or automated interface, use is subject to authentication, rate limits, and additional terms published by Company.

  • You may not expose, proxy, or multiplex the API for third parties, nor circumvent rate limits or access controls.
  • Company may modify, suspend, or revoke API access for suspected abuse, security concerns, or operational reasons.

Private User Submissions

The Service may provide you with the ability to upload images or other data for processing ("Private User Submissions"). By uploading Private User Submissions to the Service, you:

  • hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Private User Submissions as needed to provide you with the Service. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant that you own or otherwise control all rights to such Private User Submissions and that use of such Private User Submissions by Company will not infringe or violate the rights of any third party;

Partially Public User Submissions

The Service may provide you with the option of sharing or otherwise making partially public some or all of your Private User Submissions ("Partially Public User Submission"). By choosing to use such features you:

  • acknowledge that you will be provided with Secret Information enabling access to the Partially Public User Submissions and that you are solely responsible for the care and safekeeping of such Secret Information.
  • hereby do and shall grant Company a worldwide, non-exclusive, perpetual (except as indicated below), irrevocable (except as indicated below), royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Partially Public User Submissions as needed to provide any user who provides the Secret Information with the Services. You also hereby do and shall grant each user of the Sites and/or the Service who provides the Secret Information a non-exclusive license to access your Partially Public User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Partially Public User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your Partially Public User Submission(s), including the right to grant additional licenses to the material in your Partially Public User Submission(s), unless otherwise agreed in writing;
  • represent and warrant that you own or otherwise control all rights to such Partially Public User Submissions and that disclosure and use of such Partially Public User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
  • understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.

The Service may, at the Company's sole discretion, provide you with the option of revoking the partially public nature of your Partially Public User Submissions. Should you choose to exercise such option when provided, the Partially Public User Submission shall from that point be considered a Private User Submission.

Public User Submissions

The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Service for public consumption ("Public User Submissions"). Private User Submissions and Partially Public User Submissions that are made public by the choice of the user will at that point be considered a Public User Submission. By posting Public User Submissions on or at any of the Sites or otherwise through the Service, you:

  • hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Public User Submissions in connection with the Sites, the Service and Company's (and its successors and assignees) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your Public User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Public User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your Public User Submission(s), including the right to grant additional licenses to the material in your Public User Submission(s), unless otherwise agreed in writing;
  • represent and warrant that you own or otherwise control all rights to such Public User Submissions and that disclosure and use of such Public User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
  • understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

The Service may, at the Company's sole discretion, provide you with the option of revoking the public nature of your Public User Submissions. Should you choose to exercise such option when provided, the Public User Submission shall from that point be considered a Partially Public User Submission or a Private User Submission, as applicable.

Company does not endorse and has no control over any Public User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Company has no obligation to monitor the Site, Service, Content, or Public User Submissions. Company may remove any Public User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Public User Submission), or for no reason at all.

Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.

User Submissions

Private, Partially Public and Public User Submissions are collectively referred to as User Submissions.

Use of Results Produced in the Use of the Service

The Service may provide you with derivative works of User Submissions ("Results"). The Company makes no claims to these Results, and you assume all responsibility and liability in the enabling of access to, download and subsequent use of them.

You shall not use the Results to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms embodied in the Results, except to the limited extent applicable laws specifically prohibit such restriction.

Retention of User Submissions and Associated Results

User Submissions and any associated Results will expire 2 weeks from the point of upload.

The Service may provide users with the option to delete User Submissions to have them expire before their normal expiration time.

Expired User Submissions and any associated Results are subject to deletion or retention at the Company's sole discretion.

AI-Related Conditions on User Submissions (Supplemental)

This section supplements, and does not replace, the sections titled Private User Submissions, Partially Public User Submissions, Public User Submissions, and User Submissions. Capitalized terms used here have the meanings given in those sections. Nothing in this section expands or narrows the licenses you grant to Company in those sections; it adds AI-specific restrictions on third-party use and clarifies process-agnostic treatment of outputs.

  • No AI Training or Model Use by Third Parties: Except where the Service expressly offers an opt-in and you affirmatively select it, you may not use, authorize, or enable any User Submissions or associated Results obtained via the Service to train, fine-tune, evaluate, or benchmark any AI or ML system, nor to build or expand datasets for such purposes, nor to provide such content to third parties for those purposes.
  • Process-Agnostic Assets: The Service may display or deliver Assets—including fonts, background-removed images, vectorized images, previews, and similar outputs—that are generated, curated, or otherwise created using automated systems. Rights in such Assets are governed by the applicable license at access or download, independent of how the Asset was produced.
  • Anti-Aggregation and Abuse: Without limiting Company’s existing moderation rights, Company may restrict or remove access where activity appears aimed at collecting User Submissions, Results, or Assets for AI training, dataset construction, benchmarking, or development of competing services.
  • Retention: Retention and deletion of User Submissions and Results follow the existing retention terms. Minimal logs or records may be retained for abuse prevention, security, and legal compliance.

Termination

Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Sites, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the security of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

General Content Disclaimer

The Content provided by or through the Service is provided as is. Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.

By using the Service, you agree that Company shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Export Compliance and Sanctions

The Sites and Services are subject to U.S. export control and economic sanctions laws. You agree to comply with all such laws and regulations, including without limitation the Export Administration Regulations (EAR) and the sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).

  • You represent that you are not located in, a resident of, or ordinarily residing in any country or region subject to comprehensive U.S. sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine).
  • You further represent that you are not on any U.S. government denied-party or restricted-party list.
  • You may not use, export, re-export, or transfer the Sites, Services, or any related technology in violation of these laws.

U.S. Company and Foreign Use

Company is a United States entity headquartered and operated exclusively in the United States. The Sites and Services are designed to comply with the laws of the United States and are not intended to subject Company to the laws or jurisdiction of any other country or territory.

  • Company does not market, promote, or advertise its Services in the European Union or any other foreign jurisdiction, and has no offices, employees, or operations located outside the United States.
  • Where prices are displayed or payments accepted in euros or other non-U.S. currencies, such transactions are processed through U.S.-based payment processors. Company does not maintain contracts with, or routing through, any EU-based payment systems or financial institutions.
  • Currency options are provided solely for customer convenience and do not indicate any intent to operate under or submit to non-U.S. law.
  • Access to the Sites or Services from jurisdictions where their content, features, or use would be unlawful is prohibited.
  • Users who access the Sites or Services from outside the United States do so on their own initiative and are solely responsible for determining whether such access, use, or any resulting materials comply with the laws of their jurisdiction.
  • Company makes no representation or warranty that the Sites, Services, or any Content are appropriate, lawful, or permitted for use outside the United States.

International/Non-California Use

Company makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
All use of the Sites and Services, wherever initiated, shall be deemed to occur within the United States and be governed by United States law.

Integration and Severability

The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices

Unless otherwise indicated, the Terms of Use and all Content provided by Company are copyright © Cedar Lake Ventures, Inc.. All rights reserved.

The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.