Terms of Use - Periodic Lens

MOBILE APPS / WEBSITE TERMS OF USE

Welcome to Periodic Lens!

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. BY ACCESSING OR USING THE PERIODIC LENS WEBSITE (“The Site”), YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SITE.

(A) Governing Terms

These Terms of Use, along with any additional terms and conditions referenced herein or presented elsewhere on the Site in relation to specific services or features and our Privacy Policy, govern your use of the Periodic Lens Site. By accessing or using the Site, you agree to comply with all of the terms and conditions set forth in this Agreement. If you do not agree with any part of these Terms, then you should not access or use the Site.

(B) Changes to Terms of Use

Periodic Lens reserves the right to modify these Terms or add/remove terms at any time. Any modifications, additions, or deletions will be effective immediately upon posting. Your continued use of the Site after such posting constitutes your acceptance of the modified Terms of Use.

(C) Changes to Site

Periodic Lens may change or discontinue any aspect, service, or feature of the Site at any time. This may include content, availability hours, and lastly required equipment for access or use.

(D) Registration

You may have the opportunity to create a user account (“Your Account”) on the Site via an online registration form. Your Account may allow you to receive information from Periodic Lens and/or participate in certain features. By registering, you represent and warrant that all provided information is current, complete, and accurate. You agree to maintain and update your registration information promptly to ensure its accuracy, also, you are responsible for maintaining the confidentiality of your username and password and for all activities associated with Your Account.

(E) Equipment

You are responsible for obtaining as well as maintaining all necessary connectivity, computer software, hardware, and other equipment required for accessing and using the Site, including any associated charges.

2. User Content and Conduct; Community Guidelines

The following terms apply to content submitted by users and user conduct on the Site’s Interactive Areas:

(A) Interactive Areas

The Site may include comments sections, discussion forums, or other interactive features (“Interactive Areas”) where users can post or upload user-generated content, comments, videos, photos, messages, and other materials (“User Content”). You acknowledge that you are solely responsible for your use of any Interactive Areas, and you do so at your own risk. Interactive Areas are intended for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older. If you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use and submit User Content.

(B) Community Guidelines

By submitting User Content or participating in an Interactive Area on the Site, you agree to abide by the following rules of conduct:

You agree not to upload, post, or transmit any User Content that:
1. Violates or infringes upon the rights of others, including defamatory, harassing, stalking, or threatening content.
2. Contains false, misleading, or inaccurate information.
3. Expresses bigotry, racism, hate speech, abusiveness, vulgarity, profanity, or racially or ethnically offensive content.
4. Advocates pornography, sexually explicit content, pedophilia, incest, bestiality, or is otherwise obscene or lewd.
5. Violates any law, advocates illegal acts, or provides instructions on dangerous or predatory acts.
6. Advocates violent behavior or poses a threat to personal or public safety.
7. Contains violent images of killing or physical abuse solely for exploitative, prurient, or gratuitous purposes.
8. Infringes upon the copyrights, trademarks, trade secrets, right of publicity, or other proprietary rights of others.
9. Does not pertain to the designated topic or theme of any Interactive Area.
10. Contains unsolicited or unauthorized advertising, spam, chain letters, pyramid schemes, or any other form of solicitation.
11. Constitutes a criminal offense or gives rise to civil liability.
12. Violates the privacy rights of others by harvesting or collecting personally identifiable information or posting private information about a third party.
13. Contains any virus, harmful component, or disrupts the Site or its connected servers or networks.
14. Interferes with or violates any requirements, procedures, policies, or regulations of the connected networks.
15. Reproduces, sells, exploits, or accesses the Site for commercial purposes without permission.
16. Uses services, technologies, or automated systems to artificially inflate page views or upload more User Content than an individual could reasonably upload.

Any conduct that restricts or inhibits others from using or enjoying the Site is prohibited. Periodic Lens reserves the right to remove or edit User Content and terminate user accounts for any reason.

(C) Monitoring

Periodic Lens may monitor User Content posted or uploaded to the Site to ensure compliance with these Terms of Use and any established operating rules. While Periodic Lens has no obligation to monitor, screen, edit, or remove User Content, it reserves the right to do so at its discretion. You are responsible for creating backup copies of any User Content, and Periodic Lens may share personally identifiable information in response to a law enforcement agency’s request or as required by law.

(D) License to User Content

By submitting User Content to the Site, you grant Periodic Lens and its parent company, Warner Bros. Discovery, Inc., a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable right and license to use, publish, reproduce, modify, adapt, translate, create derivative works from, distribute, and exploit the User Content in any form, media, or technology, without payment to you or any third parties. You represent and warrant that you have the necessary rights to grant this license and that the User Content does not violate these Terms of Use or infringe upon any rights of others.

(E) Moral Rights

If you retain moral rights in the User Content, you declare that you do not require personally identifying information to be used in connection with the User Content, and you have no objection to the publication, use, modification, deletion, and exploitation of the User Content by Periodic Lens. You waive any moral rights claims and release Periodic Lens from any associated claims.

(F) No Obligation

User Content submitted to Periodic Lens will be considered non-confidential, and Periodic Lens is under no obligation to treat it as proprietary information. Periodic Lens reserves the right to use, edit, delete, or refuse to post User Content. Periodic Lens is not obligated to attribute authorship of User Content, and it shall not be responsible for enforcing any form of attribution by third parties.

3. Copyright Ownership

The Site contains copyrighted material, trademarks, and other proprietary information, including but not limited to text, software, photos, videos, graphics, music, and sound. Contents of the Site are copyrighted and Periodic Lens owns the copyright in the selection, coordination, arrangement, and enhancement of its original content. However, certain content on the Site may belong to third parties and is protected by their respective copyrights.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or exploit, in whole or in part, any of the Periodic Lens content without prior written permission. You may download copyrighted material owned by Periodic Lens for personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material owned by Periodic Lens will be permitted without the express permission of Periodic Lens and the copyright owner.

In the event that content owned by third parties is made available on the Site, you acknowledge that such content is protected by their respective copyrights. Any use, copying, redistribution, or publication of third-party content requires the express permission of the copyright owner. No changes in author attribution, trademark legend, or copyright notice shall be made without permission.

You acknowledge that downloading copyrighted material owned by Periodic Lens does not grant you any ownership rights, also, third-party content, ownership rights and permissions are governed by the respective copyright owner.

4. Third-Party Content

Periodic Lens serves as a distributor of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are solely those of the respective author(s) or distributor(s) and not of Periodic Lens. Periodic Lens does not guarantee the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

The content available through the Site may represent the opinions and judgments of respective users or information providers who are not under contract with Periodic Lens. Periodic Lens does not endorse or take responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party on the Site. The Site will not be held responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site, also, Periodic Lens is not responsible for any actions or inaction on your part based on the information presented on the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. It is recommended to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

5. Advertisements and Promotions.

Periodic Lens may feature advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Periodic Lens, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Periodic Lens is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of third-party advertisers on the Site.

6. Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims

(A) You expressly agree that the use of the Site is at your sole risk.

Neither Periodic Lens, its present or future parent(s), subsidiaries, nor any of their respective employees, agents, third-party content providers, or licensors warrant that the Site will be uninterrupted or error-free. They do not make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Site.

(B) The Site, including any downloadable software, is provided on an “as is” basis without warranties of any kind, either express or implied.

This includes, but is not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, except for those warranties implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use.

(C) The Site may offer health, fitness, nutritional, and other such information.

However, such information is designed for educational and informational purposes only. The information contained on the Site does not and is not intended to convey medical advice or constitute the practice of medicine. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Periodic Lens is not responsible for any actions or inaction on a user’s part based on the information presented on the Site.

(D) Damages.

To the fullest extent permissible by applicable law, in no event shall Periodic Lens, its present or future parent(s), subsidiaries, or related entities, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction, any form of indirect, special, incidental, consequential, exemplary, or punitive damages, or any direct damages.

This limitation of liability applies to any causes of action arising out of the use of the Site or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Site, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology pertaining to or on the Site.

This limitation of liability applies regardless of the basis upon which liability is claimed, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Even if Periodic Lens has been advised of the possibility of such loss or damage. Additionally, you specifically acknowledge that Periodic Lens is not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Site or any other third parties.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

(E) Periodic Lens disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.

By accessing the Site, you acknowledge and agree to Periodic Lens’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.

(F) Dispute and Controversies.

Subject to Section 12, to the extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating in any way to the Service or your use of the Service and/or Site, these Terms of Use, or the relationship between us, must be commenced within one year of the relevant events.

A dispute is commenced if it is filed in an arbitration or, if the dispute is non-arbitrable, a court with jurisdiction, during the one-year period. If you or we provide notice of a dispute under Section 12(2), the one-year period is tolled for 60 days following receipt of the notice of dispute (although for the sake of clarity, it may be further extended if your dispute, claim, or controversy is part of a mass filing as contemplated in Section 12(9)).

You and we each waive—that is, give up—the right to pursue any dispute, claim, or controversy that is not filed within one year, also, any right you or we may have had to pursue that dispute, claim, or controversy in any forum is permanently barred.

7. Indemnification

You agree to defend, indemnify, and hold harmless Periodic Lens, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you or your Account. Periodic Lens reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide Periodic Lens with such cooperation as is reasonably requested.

8. Termination

Periodic Lens may terminate or suspend these Terms of Use at any time without notice to you, also, without limiting the foregoing, Periodic Lens shall have the right to immediately terminate Your Account in the event of any conduct by you which Periodic Lens, in its sole discretion, considers to be unacceptable or in the event of any breach by you of these Terms of Use. The provisions of Sections 1-15 shall survive termination of these Terms of Use.

9. Trademarks

Periodic Lens, its parent, subsidiaries, and affiliates own all rights to their logos and trademarks used in connection with the Site, also, all other logos and trademarks appearing on the Site are the property of their respective owners.

10. Governing Law and Venue

The content, data, videos, and all other materials and features on the Site are presented for the purpose of providing entertainment, news, and/or information, and promoting programs, films, music, games, and other products and/or services that are or may become available in Africa, the United States, the United Kingdom, its territories, possessions, and protectorates.

Any and all disputes, claims, and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions, applicable to contracts made, entered into, and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law.

Any dispute that is not subject to arbitration under Section 12 (Dispute Resolution) of this Agreement, or any issues involving arbitrability or enforcement of provisions under Section 12, shall be brought in the appropriate state or federal court located in Ghana, Accra. Both parties irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Accra, Ghana for the adjudication of all non-arbitral claims.

11. Severability

Except as specified in Section 12 (Dispute Resolution), if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intent and purpose of the original provision. This Agreement, as amended, modified, or supplemented by Periodic Lens from time to time, constitutes the entire agreement between the parties relating to the matters contained herein and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

12. Dispute Resolution

We endeavor to resolve customer concerns as quickly as possible. Please contact Periodic Lens at periodiclens.com/contact

By accessing the Website, you agree to accept that these Terms are governed by and construed in accordance with the laws of Ghana. You also accept the exclusive jurisdiction of the Ghana Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website, or arising in any way from the content on the Website.

Any dispute, controversy, or claim arising out of or relating to these Terms, including its formation, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising out of or relating to these Terms, shall be settled by arbitration. The place of arbitration shall be Accra, Ghana, also, the language of the arbitration shall be English.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

For more information about arbitration in Ghana, visit arbitrationcentregh.com

13. Miscellaneous

These Terms of Use and any operating rules for the Site established by Periodic Lens constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of Periodic Lens, its parent, subsidiaries, other affiliates, and also its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site, including its Interactive Areas, from any location other than Ghana, you accept full responsibility for compliance with all local laws.

If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties, also, the section headings used herein are for convenience only and shall not be given any legal import.

Neither Periodic Lens nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

14. Copyrights and Copyright Agent

Periodic Lens respects the rights of all copyright holders and in this regard, Periodic Lens has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Periodic Lens’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act:

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 copyright work claimed to have been infringed, or rather, 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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
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; and finally
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.