ROYGBIVLAB.com Terms of Use
By selecting the "I Accept" button, you are agreeing that these Terms of Use constitute a binding agreement between you and Roygbiv Lab LLC and its subsidiaries and affiliates ("Roygbiv") governing your use of this Website. Your use of this Website and any other websites owned or operated by Roygbiv constitutes your consent to be bound by and abide by the Terms of Use and all applicable laws.

1. By using this Website you agree to use the Website solely for your personal, noncommercial use. You represent that you are of legal age and are fully able and competent to enter into this agreement and are not under any disability which prevents you from entering into a legally binding agreement. You agree to provide true, accurate, current and complete information about yourself in all instances in which you are requested to provide such information to Roygbiv. If any of your information changes, you agree to advise Roygbiv of such information as soon as possible. You agree not to use or launch any automated system to access the Website in a manner which is harmful to the Website or to the other users of the Website. You agree not to collect or use any information regarding other users, from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes.

2. All of the content on the Website, with the exception of submissions from users of the Website who specifically retain intellectual property rights in their submissions, are owned by or licensed to Roygbiv, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You may only use the content on the Website for your information and personal use only and the content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Roygbiv. Roygbiv reserves all rights not expressly granted in and to the Website and its content.

3. You agree not to use, copy, or distribute any content added to the Website by other users of the Website. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content.

4. Roygbiv does not endorse any submissions or postings to the Website by users of the Website, and makes no guarantee regarding the reliability, accuracy, or quality of any submission that is posted on the Website. You solely bear any risks related to your use of any submission to the Website and your sole recourse for any damage you may suffer as a result of a user submission shall be from such user. Roygbiv expressly disclaims any and all liability in connection with any submissions to the Website.

5. The Website may contain links to third party websites that are not owned or controlled by Roygbiv and over which Roygbiv has no control over. The linked websites have separate privacy and data collection practices independent of Roygbiv. Roygbiv has no responsibility for and assumes no liability in connection with, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Roygbiv from any and all liability arising from your use of any third-party website.

6. You shall be solely responsible for your own submissions to the Website and the consequences of posting or publishing them. By submitting any content to the Website, you hereby grant Roygbiv a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform your submissions in connection with the Website and Roygbiv's business.

7. The following rules of conduct apply to your use of the Website and to any and all materials you post on the Website. You may not, in connection with the Website upload, post, e-mail or otherwise transmit any material that:
  • is harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • breaches a duty of confidentiality by which you are bound;
  • constitutes a breach of any person's privacy or publicity rights, or is a misrepresentation of facts;
  • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  • promotes software or services that deliver unsolicited e-mail; or
  • contains viruses, Trojan horses, worms, or other similar harmful applications.
8. If you are submitting a design for one of Roygbiv's contests, you agree to additional Contest Terms and Conditions. Click here for the Contest Rules

9. You may not post any material to the Website that infringes or violates any patent, copyright, trademark, trade secret or other property right of a third person. If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, send us written notification in accordance with Section 512(c)(3) of the Copyright Act containing the information set forth below. Nothing contained herein shall be deemed the offering of legal advice by Roygbiv and you should consult your own legal counsel regarding the content of the notification sent to Roygbiv.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to:
Roygbiv Lab LLC
126 Fifth Avenue
New York, NY
Attn: Abe Cohen, Copyright Complaints
Phone: 646-873-3800
Fax: 646-873-3790
Email: abe@earthboundllc.com

Any person who knowingly materially misrepresents that material is infringing may be subject to liability, including but not limited to attorneys' fees as provided in Section 512(f).

10. Roygbiv reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) and/or any contests sponsored by Roygbiv, with or without notice. Roygbiv shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the contests.

11. Roygbiv reserves the right to remove Website content and user submissions in its sole discretion and without prior notice. Roygbiv also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice and to bar any user from using the Website.

Roygbiv shall not be liable to you or any third party for any termination of your access to the Website.

12. WARRANTY DISCLAIMER. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THIS WEBSITE AND THE MATERIALS AND PRODUCTS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROYGBIV AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND OWNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ROYGBIV DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE FOREGOING. ROYGBIV DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. ROYGBIV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY WEBSITE LINKED TO THIS WEBSITE AND ROYGBIV WILL NOT IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LIMITATION OF LIABILITY. IN NO EVENT SHALL ROYGBIV, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OWNERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, OR YOUR INABILITY TO USE THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL APPLICATIONS, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROYGBIV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROYGBIV ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVER THAT MAKES THE WEBSITE AVAILABLE OR TO ANY PERSONAL INFORMATION STORED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT ROYGBIV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

14. You agree to defend, indemnify and hold harmless Roygbiv its affiliates, directors, officers, employees, agents, and owners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This indemnification obligation will survive these Terms of Use and your use of the Website.

15. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Roygbiv's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Roygbiv reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

16. This Agreement shall be governed by and construed under the laws of the State of New York, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the state or federal courts located in the borough of Manhattan, State of New York, which courts shall have the exclusive jurisdiction and venue for any and all such claims, disputes, controversies, suits or actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such courts with respect to such claims..

17. The Roygbivlab.com Website is © 2008, Roygbiv Lab LLC - All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Roygbiv.

18. All of the Roygbiv trademarks are owned by Roygbiv and may not be used for any purpose without the prior written permission of Roygbiv.

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