1. Agreement to Terms
1.1These Website Terms of Use (these “Terms”) constitute a legally binding agreement between you (“you” or “your”) and Segla Productions LLC, a New York limited liability company having its principal place of business in Los Angeles, California (“Segla,” “we,” “us” or “our”), governing your access to and use of the website located at segla.pro, together with its landing page, private beta waitlist and all related pages and functionality (collectively, the “Website”).
1.2By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the Website.
1.3These Terms govern the Website only. Any account, application, platform or service that Segla may make available to you, whether now or in the future, shall be governed exclusively by the separate terms and policies presented to you in connection therewith, and nothing in these Terms shall be construed to grant you any right of access to any such account, application, platform or service.
2. Eligibility
You represent and warrant that you are at least sixteen (16) years of age and that you possess the legal capacity to enter into these Terms. If you access or use the Website on behalf of an entity, you represent and warrant that you are authorized to bind such entity to these Terms.
3. License to Access the Website
3.1Subject to your continued compliance with these Terms, Segla hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and view the Website solely for your personal, non-commercial purposes.
3.2Segla reserves the right, in its sole discretion and without notice or liability to you, to modify, suspend or discontinue the Website, or any portion thereof, at any time and for any reason. All rights not expressly granted to you herein are reserved by Segla and its licensors.
4. Private Beta Waitlist
4.1The Website permits you to request access to the Segla private beta by submitting your email address (the “Waitlist”). Submission of your email address to the Waitlist is free of charge.
4.2Your submission to the Waitlist does not create an account, does not constitute an offer or an acceptance of an offer, and does not create any obligation on the part of Segla. Segla makes no representation or guarantee that you will be invited to participate in the private beta, as to the timing of any such invitation, or as to the features, functionality or availability of the private beta. Invitations, if any, shall be extended at Segla’s sole and absolute discretion.
4.3You represent and warrant that any email address you submit to the Waitlist is owned or lawfully controlled by you, and you agree to submit no more than one (1) such address. Segla reserves the right to reject or remove any entry that Segla, in its sole discretion, determines to be automated, duplicative, fraudulent, abusive or otherwise in violation of these Terms.
5. Prohibited Conduct
You shall not, and shall not permit or assist any third party to:
(a)access or attempt to access any portion of the Website by any means other than the interface provided by Segla, or gain or attempt to gain unauthorized access to any system or network connected to the Website;
(b)interfere with, disrupt, overburden or impair the integrity, security or performance of the Website, or circumvent, disable or otherwise interfere with any security-related feature thereof;
(c)use any robot, spider, scraper, script or other automated means to access the Website, to submit entries to the Waitlist, or to collect or harvest any information from the Website;
(d)copy, reproduce, modify, adapt, translate, create derivative works of, distribute, publicly display or otherwise exploit any portion of the Website without Segla’s prior written consent; or
(e)use the Website for any purpose that is unlawful or that infringes, misappropriates or violates the rights of any third party.
6. Intellectual Property
6.1The Website and all materials made available thereon, including without limitation all text, graphics, designs, photographs, logos, trademarks, service marks and the Segla name (collectively, the “Materials”), are owned by Segla or its licensors and are protected by the copyright, trademark and other intellectual property laws of the United States and other jurisdictions. Except for the limited license expressly granted in Section 3.1, nothing in these Terms shall be construed as conferring upon you any right, title, interest or license in or to the Materials.
6.2All third party names, logos, trademarks and service marks appearing on the Website are the property of their respective owners and are used solely for the purpose of identifying the services with which Segla is designed to operate. Such use does not imply any affiliation with, sponsorship by or endorsement of Segla by any such owner.
7. Third Party Websites
The Website may contain links to websites or resources operated by third parties. Such links are provided solely as a convenience to you. Segla does not control, endorse or assume any responsibility for any third party website or resource, and your access to and use of any such website or resource is at your sole risk.
8. Disclaimer of Warranties
The Website and the Materials are provided on an “as is” and “as available” basis, without warranty of any kind. To the fullest extent permitted by applicable law, Segla expressly disclaims all warranties, whether express, implied or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement, and any warranties arising from course of dealing or usage of trade. Segla does not warrant that the Website will be uninterrupted, secure or free of errors, viruses or other harmful components.
9. Limitation of Liability
9.1To the fullest extent permitted by applicable law, in no event shall Segla or its members, managers, officers, employees, agents, licensors or service providers (collectively, the “Segla Parties”) be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with these Terms, the Website or the Waitlist, whether based in contract, tort (including negligence), strict liability or any other legal theory, even if a Segla Party has been advised of the possibility of such damages.
9.2To the fullest extent permitted by applicable law, the aggregate liability of the Segla Parties for all claims arising out of or in connection with these Terms, the Website or the Waitlist shall not exceed one hundred United States dollars (US$100.00).
9.3Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by applicable law.
10. Indemnification
You agree to defend, indemnify and hold harmless the Segla Parties from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with (a) your access to or use of the Website, (b) your breach of these Terms, or (c) your violation of any applicable law or the rights of any third party.
11. Privacy
Segla’s collection, use and disclosure of personal information in connection with the Website are governed by the Website Privacy Policy, which is incorporated into these Terms by reference.
12. Governing Law and Venue
These Terms, and any dispute, claim or controversy arising out of or relating to these Terms or the Website, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal action or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the state or federal courts located in the County of Los Angeles, California, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
13. Modifications
Segla reserves the right, in its sole discretion, to amend these Terms at any time. Any amendment shall become effective upon posting to the Website, and the “Last Updated” date set forth above shall be revised accordingly. Your continued access to or use of the Website following the posting of any amendment constitutes your acceptance of the amended Terms.
14. General Provisions
14.1Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall continue in full force and effect.
14.2No Waiver. No failure or delay by Segla in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any further exercise thereof.
14.3Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without Segla’s prior written consent. Segla may freely assign these Terms without restriction. Any attempted assignment in violation of this Section shall be null and void.
14.4Entire Agreement. These Terms, together with the Website Privacy Policy, constitute the entire agreement between you and Segla with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto.
14.5Headings. Section headings are for convenience only and shall have no legal or contractual effect.
15. Contact
All notices and inquiries concerning these Terms shall be directed to Segla Productions LLC at legal@segla.cc.