Typexperience : Personality Type Video Community

Introduction

Welcome to Typexperience, a service of TypeLabs. TypeLabs provides its services and offerings (the "TypeLabs Service," as further described below) to you subject to the following Terms of Use ("TOU"). In addition, when using the TypeLabs Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted from time to time. All such guidelines and rules are incorporated by reference into these TOU.

PLEASE READ THESE TOU CAREFULLY. By accessing or using the TypeLabs Service, you, either an individual or a single entity ("you" or "your" as applicable), are bound by the notices, terms and conditions in this TOU and, as applicable, elsewhere on http://typexperience.com or http://www.typexperience.com (including but not limited to our Privacy Policy, which is incorporated by reference). If you register on behalf of a business, you represent to TypeLabs that you have the authority to bind that business and your acceptance of these TOU will be treated as acceptance by that business. In that event, "you"and "your" will refer to that business in these TOU. If you do not agree to any of these terms and conditions, you may not use the TypeLabs Service. If you are a publisher and wish to upload video content to the TypeLabs Service, then, in addition to this TOU, the Publisher Terms and Conditions or the TypeLabs Publisher Terms & Conditions (individually and collectively, the "Publisher Terms"), as applicable, will apply to you and are incorporated by reference.

The TypeLabs Service

The TypeLabs Service is comprised of (i) the Typexperience website, currently located at Typexperience.com or www.Typexperience.com (and/or any successor or additional website(s) owned or operated by or for TypeLabs); (ii) the TypeLabs syndication network (which includes third party websites); (iii) the TypeLabs client, a downloadable application to upload, download and view content (the "TypeLabs Client"); (iv) the servers operated by or on behalf of TypeLabs; and/or (v) any other technology and/or services that TypeLabs provides its users. The TypeLabs Service enables you to make content available to other users of the TypeLabs Service and to access content made available by other users of the TypeLabs Service. All comments and other communications posted or published by you or other users on the TypeLabs Service, including in any bulletin board, chat, discussion group, feedback area, news group or email, is referred to as "User Material." "Video Material" for purposes of this Agreement is the video you upload to the TypeLabs Services. "Publisher Material, for purposes of this Agreement, is any other material you provide and includes without limitation including music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for any User Material that you upload and publish to the TypeLabs Service, including complying with these TOU. The terms and conditions regarding the uploading of Video Material and Publisher Material is covered in the Publisher Terms.

You retain all of your rights in your User Material. You shall be solely responsible for your own User Material and the consequences of posting or publishing it on the TypeLabs Service. In connection with User Material that you make available on the TypeLabs Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize TypeLabs to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the TypeLabs Service and in the manner contemplated by these TOU. By submitting, posting, uploading, emailing or otherwise providing User Material to TypeLabs, you hereby grant (or warrant that the owner of such rights has expressly granted) TypeLabs a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the TypeLabs Service and TypeLabs' (and its successors) business, including without limitation for promoting and redistributing part or all of the TypeLabs Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of the TypeLabs Service a non-exclusive license to access your User Material through the TypeLabs Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the TypeLabs Service and under these TOU.

TypeLabs does not guarantee that any User Material or Video Material and Publisher Material will be made available on the TypeLabs Service, whether continuously or at all. TypeLabs shall have no obligation to monitor any User Material and Video Material and Publisher Material. However, TypeLabs and its agents reserve the right to monitor any User Material and Video Material and Publisher Material from time to time for any lawful purpose. TypeLabs may, without notice to you, remove or block any User Material and/or Video Material and Publisher Material from the TypeLabs Service, including disabling access to such User Material and/or Video Material and/or Publisher Material that you have downloaded through the TypeLabs Service.

Registration

Registration is not required to view most User Material and Video Material and Publisher Material provided as part of the TypeLabs Service. However, you are required to register if you wish to post a comment or upload a video, download the TypeLabs Client or view certain User Material and Video Material and Publisher Material. If you wish to upload a video you will be subject to our Publisher Terms. If you wish to download the TypeLabs Client you will be subject to additional terms and condition relating to the license and use of the TypeLabs Client.

To register, you will have to create an account. As a condition to using such components of the TypeLabs Service, you will be asked to register with Typexperience and select a password and screen name ("Typexperience User ID"). You shall provide Typexperience with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your Typexperience account. You may not (i) select or use as a Typexperience User ID a name of another person with the intent to impersonate that person; (ii) use as a Typexperience User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Typexperience User ID a name that is otherwise offensive, vulgar or obscene. TypeLabs reserves the right to refuse registration of, or cancel a Typexperience User ID in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TypeLabs immediately of any breach of security or unauthorized use of your account. Although TypeLabs will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TypeLabs or others due to such unauthorized use. All registration information provided by you shall be subject to TypeLabs' Privacy Policy or any successor thereto.

Content on the TypeLabs Network

Content on Typexperience is meant for all audiences. You understand that you will be exposed to User Material from a variety of publishers and that TypeLabs is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TypeLabs with respect thereto, and agree to defend, indemnify and hold harmless TypeLabs, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the TypeLabs Service.

User Conduct

TypeLabs grants you permission to use the TypeLabs Service subject to all of the terms and conditions set forth in these TOU.

As a condition of use, you agree not to use the TypeLabs Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the TypeLabs Service is expressly prohibited.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the TypeLabs Service, that: i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or ii. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or iii. misrepresents the source or identity of any content; or iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or a chain letter, a pyramid scheme or any other similar solicitation; or v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of TypeLabs or any third party; or vi. impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of TypeLabs; or vii. constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause TypeLabs to violate any applicable law or regulation.

In addition to these TOU, your use of the Video Material may be subject to separate license terms as set forth by the Publisher.

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in TypeLabs' sole discretion, an unreasonable or disproportionately large load on Typexperience's infrastructure; (ii) interfere or attempt to interfere with the proper working of the TypeLabs Service or any activities conducted on the TypeLabs Service; (iii) bypass any measures TypeLabs may use to prevent or restrict access to the TypeLabs Service, other accounts, or computer systems or networks connected to the TypeLabs Service; or (iv) interfere with any other users enjoyment of the TypeLabs Service, including, without limitation, accessing an account of a Typexperience user that is not yours.

You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the TypeLabs Service or any content available through the Typexperience website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.

You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the TypeLabs Service in a manner which sends more request messages to the Typexperience server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

You shall not harvest or collect information from the TypeLabs Service, including, without limitation, information about other users of the TypeLabs Service. The use of any information learned through the TypeLabs Service or while in the Typexperience website is limited to the express purposes set forth in these TOU; all other uses are strictly prohibited.

Unless expressly authorized, you shall not frame or otherwise display any portion of the Typexperience.com website or any of its contents. No hyperlinks to any password protected web pages on the Typexperience.com website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by TypeLabs in our sole discretion.

Ownership

The content accessible through the TypeLabs Service, except User Material and Video Material and Publisher Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "Typexperience Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to TypeLabs, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these TOU, the Typexperience Content, Marks, User Material and Video Material and Publisher Material is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these TOU or without the prior written consent of the respective owners. TypeLabs reserves all rights not expressly granted in and to the TypeLabs Service and the Typexperience Content. If you download or print a copy of the Typexperience Content, User Material or Video Material and Publisher Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the TypeLabs Service or features that prevent or restrict use or copying of any Typexperience Content, User Material or Video Material and Publisher Material.

TypeLabs respects the rights of copyright holders. We have established a copyright policy which is incorporated herein by reference.

Termination

TypeLabs may terminate your access to all or any part of the TypeLabs Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the TypeLabs Service at any time, provided that all provisions of this TOU, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

THE TYPELABS SERVICE, TYPEXPERIENCE CONTENT AND MARKS ARE PROVIDED BY TYPELABS "AS IS" AND "AS AVAILABLE". TYPELABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE TYPELABS SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, TYPELABS DISCLAIMS ALL WARRANTIES REGARDING THE TYPELABS SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE TYPELABS SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE TYPELABS SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, TYPELABS DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE TYPELABS SERVICEOR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND TYPELABS WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.

Limitation of Liability

IN NO EVENT SHALL TYPELABS OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE TYPELABS SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE TYPELABS SERVICE (INCLUDING BUT NOT LIMITED TO, TYPEXPERIENCE CONTENT AND TYPELABS MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF TYPELABS OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TYPELABS ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE TYPELABS SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE TYPEXPERIENCE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TYPEXPERIENCE WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TYPEXPERIENCE WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE TYPELABS SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE TYPELABS SERVICE.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, TypeLabs' AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to defend, indemnify and hold harmless TypeLabs and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "TypeLabs Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the TypeLabs Service; (ii) your violation of any term of these TOU; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the TypeLabs Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the TypeLabs Indemnitees. TypeLabs shall have the right, in its sole discretion, to select its own legal counsel to defend the TypeLabs Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the TypeLabs Indemnitees in connection therewith. You shall not, without the prior express written approval of TypeLabs, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any TypeLabs Indemnitee. This defense and indemnification obligation will survive these TOU and your use of the TypeLabs Service.

Miscellaneous

Acceptance. If you do not accept all of the terms and conditions set forth in these TOU, you may not access or use the TypeLabs Service.

Ability to Accept. The TypeLabs Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these TOU. If you are under 14 years of age, you may not register for or use the TypeLabs Service.

Modification. TypeLabs shall have the right to modify these TOU at any time, which modification shall be effective immediately following TypeLabs' posting of such change on its website. We recommend that you check the Typexperience website regularly for any such changes. Your use of the TypeLabs Service following such posting shall be deemed to constitute your acceptance of such modification. These TOU may not otherwise be changed or modified, except in a writing signed by an authorized representative of TypeLabs.

Enforceability and Waiver. If any provision of these TOU is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by TypeLabs to exercise or enforce any of its rights under these TOU will act as a waiver of such rights.

Privacy Policy. Your use of the TypeLabs Service is subject to your acceptance of our Privacy Policy, which is incorporated by reference. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information.

Links to Third Party Websites. As a convenience for its users, TypeLabs may provide links on this website to other websites owned by third parties. Unless otherwise stated, TypeLabs does not endorse or control these third parties and takes no responsibility for them or their websites.

Export and International Use. The TypeLabs Service is controlled and offered by TypeLabs from its facilities in the United States of America. TypeLabs makes no representations that the TypeLabs Service is appropriate or available for use in other locations. Those who access or use the TypeLabs Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Governing Law, Jurisdiction and Venue. These TOU shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County of the State of California for any claim or action arising out of or relating to these TOU or your use of the TypeLabs Service. You agree that: the TypeLabs Service shall be deemed to be solely based in the State of California; the Typexperience website shall be deemed a passive website that does not give rise to personal jurisdiction over TypeLabs, either specific or general, in jurisdictions other than the State of California; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TypeLabs Service MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.

TypeLabs Copyright Policy

TypeLabs has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512. The contact information for TypeLabs' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy, and is on file with the United States Copyright Office (http://www.copyright.gov/onlinesp/list/index.html).

TypeLabs takes copyright and other intellectual property rights very seriously. It is TypeLabs' policy to (1) expeditiously block access to or remove content that it believes in good faith may contain material that infringes the copyrights of third parties and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that content residing on or accessible through the Typexperience website or service infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

2. Identification of works or materials being infringed;

3. Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that TypeLabs is capable of finding and verifying its existence;

4. Contact information about the notifier including address, telephone number and, if available, e-mail address;

5. A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if TypeLabs otherwise comes to believe in good faith that a video on the TypeLabs Service may contain material that infringes copyright :

It is TypeLabs' policy:

1. to remove or disable access to the content identified in the notice of claimed infringement;

2. to notify the content provider, member or user that it has removed or disabled access to the content; and

3. to terminate any account that has been used to post two or more videos that were removed from the TypeLabs Service pursuant to this policy.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the content that was removed or to which access was disabled is not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user may send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member or user;

2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3. A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which TypeLabs is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, TypeLabs may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TypeLabs' discretion.

Please contact TypeLabs' Designated Agent at the following address:

Designated Agent to Receive Notification of Claimed Infringement:
TypeLabs Legal Dept
PO BOX

TypeLabs is committed to protecting your privacy when you use the TypeLabs Service, which is comprised of (i) the Typexperience website, currently located at www.Typexperience.com (and/or any successor or additional website(s) owned or operated by or for TypeLabs); (ii) the TypeLabs syndication network (which may include third party websites); (iii) the TypeLabs client, a downloadable application that enables users to view content (the "TypeLabs Client"); (iv) the servers operated by or on behalf of TypeLabs; and/or (v) any other technology and/or services that TypeLabs provides its users. The following Privacy Policy was prepared to inform you of the information we collect about you, how that information is used, whether and to whom we disclose it, and the choices you have regarding your personal information.

It is very important that you read and understand our Privacy Policy. If you do not accept the terms set out in our Privacy Policy, please do not use the TypeLabs Service.

We may update this Privacy Policy from time to time. We will advise you that changes have been made by posting a notice on our website or otherwise. Your use of the TypeLabs Service constitutes your acceptance of the terms of our Privacy Policy, as may be amended or revised by us, and you are advised to consult our Privacy Policy regularly for any changes (revisions will be reflected by the "last update" notation below).

If you have any questions regarding TypeLabs’s policies or practices relating to privacy, please direct them to info@typelabs.com.

This Privacy Policy was last updated on August 24, 2008.

Collection and Use of Information

While using the TypeLabs Service you may, among other things, gather information on our website, publish and download content, subscribe to one of our services. In doing so, we may collect certain information about you.

We may automatically collect certain aggregated data regarding use of the TypeLabs Service, like the number of users and frequency and manner of usage of the TypeLabs Service. We may also collect aggregated information regarding the use of our subscription-based service network, such as the extent to which certain features are used. Aggregated information is anonymous, statistical information that reflects the scope of our user base, sales, customer patterns and related site information. We use this information to better understand how the TypeLabs Service is used, and to improve the online experience of our users. This information is not used in a way that will personally identify you. In addition, certain non-personally identifiable information is collected by TypeLabs and our third-party advertising providers (such as, Google AdWords) during the course of use of our Service and for example, in serving advertisements to our website, including, for example, the number of times you have viewed an advertisement (but not your name, address, or other personal information). Such information is used by TypeLabs and our advertising providers to facilitate and monitor the serving of advertisements.

Similarly, we may also use cookies to track and understand the traffic on our website. Cookies are alphanumeric identifiers that our website places onto your computer's hard drive. Cookies identify your computer hard drive so that we can recognize you the next time you visit us. We use cookies to collect and store some information about you, such as the name of the domain and host from which you access the Internet, the Internet Protocol (IP) address of the computer you are using, the date and time you access our website and the Internet address of the website from which you linked directly to our website. We use this information to better understand our users and customize our site for users' particular preferences. In the same manner, we may also engage third parties to monitor the usage of, and serve advertising to, the TypeLabs Service. These third parties may use cookies and web beacons (which collect non-personally identifiable information regarding user behavior on our website) to collect such information, which is also used to better understand our users and customize our site for users' particular preferences. You may disable cookies by following directions on your web browser. Disabling cookies also disables web beacons. You should be aware, however, that by disabling cookies you may be unable to access certain services and features of the TypeLabs Service.

We may collect personally identifiable information from you when you seek access to certain portions of the TypeLabs Service, publish or download content, and/or register for our services. This information may include, but is not limited to, your name, physical and e-mail addresses, phone and/or fax numbers, Internet address, type of computer and credit card or other payment information, as well as your preferences and usage patterns. This information may be used to fulfill your requests for services, to communicate with you about your account, to support your online activities, to respond to your questions, to customize your experience and to customize the content or features of the TypeLabs Service. We may use your personally identifiable information to notify you of changes to the TypeLabs Service, Terms of Use and/or Privacy Policy. We may also use your personally identifiable information to personalize your interactive experience on the TypeLabs Service. For example, if you have given us permission, we may use your information to inform you of other products or services that you may find valuable. We may also use the information you provide to make improvements that better serve our users' needs. To edit your personal information that you entered when you created your account, you must log-in to Typexperience.com and click your username at the top of any page to manage your account.

If you prefer not to receive information about additional products and services that we think you may be interested in, you can choose not to receive this information by opting-out when given the opportunity at the point we ask you for your contact information. You may also choose to opt-out after the fact by following the Opt Out instructions provided below.

Disclosure of Information

We may share aggregated statistical information about users of the TypeLabs Service with third-parties, including our distributors, vendors, actual and potential customers and third-parties that offer products or services for use with the TypeLabs Service. This information is not linked to any personally identifiable information.

TypeLabs will not share your personally identifiable information with any third-parties, with the following exceptions:

   1. As necessary to third parties who perform services for us in operating and marketing the TypeLabs Service, included but not limited to the monitoring of user behavior on our website and the processing of payments for products or services.
   2. If you obtain the TypeLabs Client bundled with product(s) from a third-party company, we may share some of your personally identifiable information (but not your credit card information) with that company. If we share your personally identifiable information with such a company, that company's privacy policy will govern its use of your information.
   3. We may be obliged or deem it necessary or appropriate to disclose your information in certain special situations. These situations include: in response to legal process such as a court order or subpoena; to prevent or combat fraud; as required by federal or state law; enforcement of our Terms of Use; and protection of the rights, property or safety of TypeLabs, our users or others.
   4. We may disclose your information in connection with a merger, acquisition, or liquidation of our company and to parents, subsidiaries or affiliates of TypeLabs.

Security

TypeLabs is committed to taking appropriate measures to protect your privacy against unauthorized disclosures. TypeLabs uses a variety of secure techniques designed to protect your information.

While we have implemented safeguards, you should be aware that Internet security technology rapidly changes. As such, we cannot guarantee that the safeguards we employ today can protect your personal information from the threats of tomorrow, or that our security measures are failsafe and not subject to circumvention or unauthorized intrusion. You should also be aware that, despite our best efforts, factors beyond our control may result in disclosure of data.

Third-Party Links

Portions of the TypeLabs Service may contain links to other third party websites that you may access. These other sites have their own privacy policies, and you should review those policies before following those links. We cannot control the information disclosed at these third-party sites or how that information is used.

Young Children

We do not knowingly collect any personal information from children under the age of 14. To best protect your child’s privacy, we suggest that you carefully supervise your child’s access to the Internet and our website. For more information on how to protect your child’s privacy, you can visit the Federal Trade Commission's Kidzprivacy page, accessible via www.ftc.gov.

Opt-Out

The TypeLabs Service provides users the opportunity to opt-out of receiving certain communications from us regarding products and services in which you may be interested. You will be given this opportunity at the time we request information about you. If you do not opt-out at the time you provide information, but choose to opt-out later, click here to send an email indicating that you no longer wish to receive such communications. Please provide your name and physical and/or email address(es) at which you are receiving the unwanted communications.

Notice for Users Outside of the United States

You should be aware that the United States and other countries have not harmonized their privacy regulations. Because the TypeLabs Service is intended specifically for users in the United States, we have written our Privacy Policy to satisfy United States regulations. By using the TypeLabs Service, you agree to the level of privacy protection set out in our Privacy Policy.

PUBLISHER TERMS AND CONDITIONS

PLEASE READ THESE PUBLISHER TERMS AND CONDITIONS ("PUBLISHER TERMS") CAREFULLY. IT IS A LEGAL DOCUMENT. IT CONTAINS BINDING OBLIGATIONS. BY CLICKING "I AGREE" AT THE END OF THIS DOCUMENT, YOU ("you" or "your" as applicable) ARE AGREEING TO BE BOUND BY THESE PUBLISHER TERMS. IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE PUBLISHER TERMS. "YOU" MEANS YOU OR, IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, "YOU" MEANS THAT EMPLOYER OR ENTITY.

The TypeLabs Service

The TypeLabs Service is described in the Terms of Use ("TOU"), which is incorporated by reference. In addition, the TypeLabs Service may include the services described from time to time on TypeLabs' website, provided, however, that TypeLabs reserves the right to change, improve and/or update the TypeLabs Service from time to time in its sole discretion. As part of the TypeLabs Service, TypeLabs enables rights holders ("Publishers") to upload, manage and distribute their content directly to end users through various distribution channels, including, but not limited to, (i) their own, proprietary website/s, (ii) through the TypeLabs Service itself, and/or (iii) anywhere TypeLabs enables such content to be accessed.

Your Obligations

In order to upload and publish content on the TypeLabs Service, You must have "accepted" these Publisher Terms and the TOU, and You must have an active, authorized account with TypeLabs. All content made available by you, other than "User Material," as defined in the TOU, is referred to as either "Video Material" or "Publisher Material." "Video Material" for purposes of this Agreement is the video you upload to the TypeLabs Services. "Publisher Material, for purposes of this Agreement, is any other material you provide and includes without limitation music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for all Video Material and Publisher Material You transmit or submit to TypeLabs, whether created by or for You. You may not submit Video Material and Publisher Material that contains any pornographic, infringing, hate-related, violent or illegal content. You may only upload and publish Video Material and Publisher Material on the TypeLabs Service to which You have sufficient rights and licenses to permit the distribution of your Video Material and Publisher Material via the TypeLabs Services. At all times, in using the TypeLabs Service, You must observe and abide by these Publisher Terms and the TOU as they may be amended from time to time.

Ownership/Reservation of Rights

Each party retains any and all pre-existing right, title and interest in and to its website/s, intellectual property, including copyrights and trademarks, technology, content and all components thereof, in whole or in part. Accordingly, You own Your Video Material and Publisher Material, and TypeLabs owns the TypeLabs Service. Neither these Publisher Terms nor the TOU shall be construed in any manner as transferring any rights of ownership of or license to the foregoing, and/or to the features or information therein, except as expressly set forth in these Publisher Terms and the TOU. Under no circumstances will these Publisher Terms be construed as granting, by implication, estoppel or otherwise, a license to any intellectual or other property or components thereof other than as specifically granted in these Publisher Terms or the TOU.

License to Video Material and Publisher Material

License to TypeLabs. You hereby grant TypeLabs a limited, non-exclusive, worldwide, revocable, sublicensable license to perform such acts in connection with Your Video Material and Publisher Material as are necessary to provide the TypeLabs Service. Specifically, the foregoing license includes, without limitation, and to the extent necessary to provide the TypeLabs Service, permission for TypeLabs, to: (i) publicly display, publicly perform, transmit, distribute, copy, store, reproduce and/or provide Your Video Material and Publisher Material on or through the TypeLabs Service, either in its original form, copy or in the form of an encoded work; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms based on Your Video Material and Publisher Material; (iii) distribute, transmit, and/or display Your Video Material and Publisher Material and encoded works via such technologies as are supported by TypeLabs from time to time; and (iv) display advertisements in connection with any display of Your Video Material and Publisher Material and encoded works. For the avoidance of doubt, TypeLabs expressly acknowledges and agrees that the TypeLabs Service does not include taking title to any Video Material and Publisher Material supplied by You.

License to Trademarks

Subject to full compliance with these Publisher Terms, TypeLabs hereby grants You, and You hereby grant TypeLabs, a non-exclusive, non-transferable (except as provided herein), royalty-free right to reproduce and display the other's logos, trademarks, trade names and other similar identifying material (the "Marks") solely for the purposes described herein and in accordance with TypeLabs' or Your, as applicable, established usage policies and procedures, as may be modified from time to time in TypeLabs' or Your, as applicable, sole discretion and as supplied by link or in writing to the other party, and, in the case of TypeLabs, to grant sublicenses thereto on the same terms and conditions to end users and TypeLabs' affiliates and partners to the extent necessary in connection with the provision of the TypeLabs Service. In connection with such licenses, each party shall have the unilateral right to establish such quality standards and additional terms and conditions as such party deems necessary to reasonably protect its Marks. These licenses may be revoked by the granting party at any time upon notice to the other and will otherwise terminate automatically upon the termination of these Publisher Terms between You and TypeLabs.

Video Material and Publisher Material Publication Options

By using the publisher portion of the TypeLabs Service, You may select options regarding the presentation, management, distribution of and end user access to Your Video Material and Publisher Material. You may change Your selections regarding each option to the extent permitted by the publisher portion of the TypeLabs Service. In all cases, Your last selections reflected in TypeLabs' database shall be conclusive in the event of any dispute.

No Endorsement; Availability; Monitoring

You acknowledge that TypeLabs does not endorse, evaluate or guarantee any Video Material and Publisher Material and you may not state or imply any such endorsement, evaluation or guarantee. TypeLabs does not guarantee that any Video Material and Publisher Material will be made available on the TypeLabs Service, whether continuously or at all. TypeLabs shall have no obligation to monitor any Video Material and Publisher Material. However, TypeLabs and its agents shall have and do reserve the right to monitor any Video Material and Publisher Material from time to time for any lawful purpose. TypeLabs may, without notice to you, remove or block content of any Video Material and Publisher Material from the TypeLabs Service.

Suspension

TypeLabs reserves the right to suspend its performance or any aspect thereof under these Publisher Terms at any time, without giving prior notice, for any act which TypeLabs, in its sole discretion, determines to be harmful to any end user of the TypeLabs Service, the TypeLabs Service itself or which TypeLabs determines in good faith violates or fails to comply with any applicable law or regulation.

Revocation of Rights

You have the right to revoke certain licenses You are granting to Your Video Material and Publisher Material under these Publisher Terms. If You choose to revoke any of Your revocable licenses, TypeLabs will use commercially reasonable efforts to remove Your Video Material and Publisher Material from the TypeLabs Service within three business days after receipt of Your notice of revocation but shall have no liability for failure to remove such Video Material. You acknowledge and agree that TypeLabs has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that TypeLabs assumes no responsibility for controlling or monitoring such intellectual property rights and shall have no liability for such possible infringement. In addition, TypeLabs is not responsible for enforcing Your intellectual property rights, including filing suit or taking other legal action against infringers or against TypeLabs' distribution partners who fail to cease using Your Video Material and Publisher Material upon revocation. TypeLabs respects the licensing choices publishers may provide viewers, including Creative Commons type licenses, but assumes no responsibility for enforcing such liability hereunder.

Representations and Warranties

Corporate. You represent and warrant at all times that: (i) You are duly organized and validly existing and in good standing under the laws of the state of Your incorporation; (ii) You have full corporate power and authority to enter into these Publisher Terms and the TOU and to carry out the provisions hereof and thereof; (iii) You are duly authorized to execute and deliver these Publisher Terms and the TOU and duly authorized to perform the obligations hereunder and thereunder; (iv) these Publisher Terms and the TOU are legal and valid obligations, binding and enforceable in accordance with their terms; and (v) neither the execution, delivery and performance of these Publisher Terms nor the TOU conflicts with any agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.

Ability to Accept these Publisher Terms. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to accept, make and/or perform the terms, conditions, obligations, representations and warranties set forth in these Publisher Terms and the TOU, and to abide by and comply with the terms hereof and thereof.

No Infringement. You represent and warrant that You either own fully and outright or otherwise possess and have obtained all rights, approvals, licenses, consents and permissions as are necessary to perform Your obligations hereunder and under the TOU and to grant the licenses granted by You under these Publisher Terms and the TOU.

Representations About Your Video Material and Publisher Material. You specifically represent and warrant that Your Video Material and Publisher Material and the distribution and/or publication of Your Video Material and Publisher Material through the TypeLabs Service or through and/or by any affiliate or partner of TypeLabs, directly or indirectly, does not, and shall not, infringe or misappropriate the rights of any third party, nor shall doing so violate any right of any person. You further represent that You have paid all license fees and/or other fees required to be paid to third parties for performance of Your obligations or exercise of Your rights hereunder, for the grant of the licenses hereunder and for any other act by You under these Publisher Terms ("Third Party Fees"), and You covenant to timely pay any and all Third Party Fees required to be paid in the future for such actions. You further expressly agree that, as between You, on the one hand, and TypeLabs and its affiliates, subsidiaries and distribution partners on the other hand, any obligation to pay Third Party Fees as a result of distribution of Your Video Material and Publisher Material pursuant to these Publisher Terms shall be Your obligation and not the obligation of TypeLabs or any of its affiliates, subsidiaries or partners.

Indemnification

You agree to defend, indemnify and hold harmless TypeLabs and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "TypeLabs Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any term of these Publisher Terms, including any breach of any representation, warranty, covenant or agreement made by You herein; (ii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iii) any claim that any of Your Video Material and Publisher Material caused damage to a third party, or (iv) Your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the TypeLabs Indemnitees. TypeLabs shall have the right to withhold any payments due to You, if any, to offset any liabilities and expenses covered by this indemnity. TypeLabs shall have the right, in its sole discretion, to select its own legal counsel to defend the TypeLabs Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and You shall be solely responsible for the payment of all reasonable attorneys' fees incurred by the TypeLabs Indemnitees in connection therewith. You shall notify TypeLabs immediately if You become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Your or TypeLabs' ability to fully perform its respective duties or to exercise its respective rights under these Publisher Terms. You shall not, without the prior express written approval of TypeLabs, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for any TypeLabs Indemnitee. This defense and indemnification obligation will survive the term of these Publisher Terms.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE PUBLISHER TERMS, TYPELABS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE PUBLISHER TERMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SUITABILITY OR OTHERWISE. THE TYPELABS SERVICE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND TYPELABS MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT IT WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE TypeLabs Service RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS. TYPELABS MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND TYPELABS SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR VIDEO MATERIAL AND PUBLISHER MATERIAL WITHOUT YOUR AND/OR TYPELABS' AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO MATERIAL AND PUBLISHER MATERIAL DELIVERED THROUGH STREAMING TECHNOLOGY.

Limitation of Liability

IN NO EVENT SHALL TYPELABS OR its affiliates, subsidiaries OR distribution partners and their respective officers, directors, employees and/OR agents BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE PUBLISHER TERMS. UNDER NO CIRCUMSTANCES SHALL TYPELABS BE LIABLE FOR DAMAGES IN EXCESS OF AMOUNTS PAID OR PAYABLE TO YOU HEREUNDER.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, TYPELABS' AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Confidentiality

Each party agrees not to disclose the other party's Confidential Information without such other party's prior written consent. "Confidential Information" includes, without limitation: (i) all intellectual property, including, without limitation, all software, technology, programming, technical specifications, materials, guidelines and documentation relating to each party's respective business; (ii) any click-through rates, financial information (including pricing), business information, including, without limitation, operations, planning, marketing interests, products and any other reporting information; and (iii) any other information designated in writing as "Confidential" or with an equivalent legend or that would otherwise be reasonably considered confidential or proprietary given its nature or the circumstances under which it was disclosed. Confidential Information does not include any information that has become publicly known through no breach of the above confidentiality obligations by You or TypeLabs, or information that (a) is in or enters the public domain other than by a breach of the above confidentiality obligations or (b) is rightfully received from a third party without a breach of confidentiality by such third party. Notwithstanding the foregoing, neither party shall be prevented from disclosing the other party's Confidential Information to the extent required by law, rule, regulation or bona fide legal process, provided that party required to so disclose takes all reasonable steps to restrict and maintain confidentiality of such disclosure and provides prior written notice to the other party.

Miscellaneous

Force Majeure. In the event that either party is prevented from performing or is unable to perform any of its obligations under these Publisher Terms due to any cause beyond its reasonable control, then that party's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.

Independent Contractors. TypeLabs and You are independent contractors and nothing herein shall be construed to create a partnership, joint venture or agency relationship between TypeLabs and You, and neither party has authority to enter into agreements of any kind on behalf of the other.

Assignment. You may not assign any of your rights or obligations under these Publisher Terms or the TOU without TypeLabs' express prior written consent. TypeLabs may assign its rights or assign or delegate any of its obligations under these Publisher Terms or the TOU to the extent TypeLabs deems it necessary or desirable to provide or maintain the TypeLabs Service.

Governing Law, Jurisdiction and Venue These Publisher Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County of the State of California for any claim or action arising out of or relating to these Publisher Terms. You agree that ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE PUBLISHER TERMS MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.

Good Faith. You agree to act in good faith with respect to each provision of these Publisher Terms and the TOU and any dispute that may arise related hereto or thereto.

Effect of Waiver. The waiver by You or TypeLabs of a breach or a default of any provision of these Publisher Terms shall not be construed as a waiver of any succeeding breach of the same or any other provision.

Severability. Each provision of these Publisher Terms shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.

Survival. All terms of these Publisher Terms which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party's respective successors and permitted assigns.

Headings. The section headings and subheadings contained in these Publisher Terms are included for convenience only, and shall not limit or otherwise affect the terms hereof.

Export and International. The TypeLabs Service is controlled and offered by TypeLabs from its facilities in the United States of America. TypeLabs makes no representations that the TypeLabs Service is appropriate or available for use in other locations. Those who access or use the TypeLabs Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Notices. All notice required to be given under these Publisher Terms must be given in writing and delivered either by hand, by e-mail or by recognized overnight delivery service, all delivery charges pre-paid, and addressed as set forth below.

If to TypeLabs: TypeLabs Network, PO Box

If to You: Via email or transmittal to the address identified by You through Your registration for the TypeLabs Service shall constitute notice to You.

Use of Your Name. You agree to: (i) permit TypeLabs to issue a press release using Your name and/or Marks announcing entry into these Publisher Terms; (ii) permit TypeLabs to utilize Your name and/or Marks in marketing materials and in connection with the TypeLabs Service; and (iii) permit TypeLabs to identify You as a publisher on the TypeLabs Service.

Entire Agreement. These Publisher Terms, together with the TOU and TypeLabs Privacy Policy license, constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and TypeLabs concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to these Publisher Terms.

Modification of Publisher Terms. TypeLabs shall have the right to modify these Publisher Terms at any time, which modification shall be effective immediately following the earlier of TypeLabs' posting of such change on its website or upon written notice to You. We recommend that you check the Typexperience website regularly for any such changes. Your use of the TypeLabs Service following such posting or receipt of such written notice shall be deemed to constitute your acceptance of such modification. These Publisher Terms may not otherwise be changed or modified, except in a writing signed by an authorized representative of TypeLabs.