Terms and Conditions: Last Updated: 9-16-21
Welcome to Star Trek Rewrites (the " Website"). The term " Organization" shall refer to Ictoan, LLC, a New Jersey limited liability company. The terms " you" and/or " User" shall refer to the user, subscriber and/or viewer visiting this Website, and their/its heirs, related entities, successors, assigns, shareholders, directors, officers, members, employees and agents.
You should read these Terms and Conditions (" Terms") carefully before using the Website
These Terms, the Privacy Policy that is also contained on this website through a hyperlink and any other policy or notice linked or incorporated into these Terms (collectively, the " Agreement") govern your use and access of the Website. You may only use and access this Website in accordance with these Terms.
Please read the Agreement carefully, as it contains information concerning your legal rights and limitations, as well as the applicable law and jurisdiction relating to disputes arising from this Agreement and/or Website.** IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ENTER THIS WEBSITE AND MUST EXIT THIS WEBSITE IMMEDIATELY**.
The situating of the Website on the World Wide Web and/or Internet constitutes a continuing offer by the Organization to you to Use, as such term is defined below, the Website according to the Agreement. By utilizing the Website in any manner, including, without limitation, by viewing the same (collectively, a " Use"), you accept that offer and these terms and conditions and form a binding contract between the Organization and you to adhere to the same. You stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon you. Further, by your Use of the Website, you make the material representation upon which you wish the Organization to reasonably rely that you will adhere to the Terms and the other terms constituting the Agreement in connection with your Use of the Website. If you are dissatisfied with any aspect of the Agreement, your sole and exclusive remedy is to discontinue Using the Website. Finally, by your Use of the Website, you also stipulate that any violation of the Agreement will result in irreparable harm to the Organization not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
Please note that the Organization retains the right to change the content of the Website, these Terms and/or the Agreement at any time, without notice. Any such changes shall be effective immediately upon posting. Your continued Use of the Website constitutes acceptance of those changes. Be sure to return to this page periodically to review the most current version of the Agreement, noting the "Last Updated" date indicated.
General Disclaimer
Except as otherwise provided herein, nothing contained on the Website shall be construed as a representation to be reasonably relied upon. In no event shall anything on the Website be construed either to create a duty of care or to constitute a representation by the Organization of any sort to be relied upon by you in any manner whatsoever. As further set forth herein, the Organization takes no responsibility for the information contained on any website to which this Website may be linked. Without limitation, the Organization undertakes no obligation to update or maintain the Materials (as defined below) and other information contained within the Website.
License and Access
Subject to your compliance with the Agreement, the Organization grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Website for non-commercial purposes (the " Permitted Use"). You are also granted a limited license to print copies of any Materials (as defined below) posted on the Website, but only for the Permitted Use. This license does not include any resale or commercial use of any goods provided by the Website. You are not permitted to download (other than page caching), modify, copy, reproduce, republish, upload, post, transmit, sell, offer for sale or distribute, in any way any portion of the Website or website content, any photographs, text, software, pictures, graphics, articles, columns, postings, video clips, audio clips, digital downloads, data, messages, contents or other information posted on the Website (collectively, the " Materials"). You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of the Organization without express written consent. All rights not expressly granted to you in this Agreement are reserved and retained by the Organization and/or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted herein terminate immediately if you do not comply with the Agreement.
Privacy Policy
The Organization believes in protecting the privacy of your personal information. Please review the Website's current Privacy Policy, which also governs your Use of the Website, to better understand the Organization's practices. As stated above, by continuing to access or Use the Website, you agree to be bound by the Privacy Policy. Your sole and exclusive option if you do not desire to be bound by the Privacy Policy is to not Use this Website.
Product Offerings & Prices
The Organization attempts to ensure that the content, product descriptions, prices, and other information on the Website is as accurate as possible. However, the Organization does not warrant or guarantee that any information on the Website is accurate, complete, or error-free, and the Organization undertakes no commitment or obligation to update any content, product descriptions, or any other information on the
Restrictions on Use of Website
You may NOT, without the express prior written authorization of the Organization:
utilize any information that you gain as a result of using the Website to illegally or improperly violate another person's or entity's privacy rights;
utilize the Website in regard to any commercial activities, advertising or sales without the prior written consent of the Organization, which may be unreasonably withheld;
buy, sell, share or otherwise disseminate any other user's username, password or other personal information;
forge headers or otherwise manipulate web pages or other aspects of the Website in a manner so as to try to disguise Third Party Content;
transmit any material, non-public information about any person or entity without the proper authorization to do so;
restrict any other user from properly using the Website, including without limitation, by way of "computer hacking" or otherwise altering the software or functionality of the Website and its underlying programs;
upload or disseminate any viruses, worms, Trojan horses or other harmful or malicious code to the Website;
use the Website if you are not able to form legally binding contracts, are under the age of majority in the State from where you are accessing this Website, or are temporarily or indefinitely suspended from the Website;
use the Website to initiate or further any illegal activity;
revise, modify, reverse engineer or in any way alter any portion of the Website or its contents;
"frame" or "mirror" any part of the Website;
utilize any device to enable you to circumvent the structure of the Website and/or spam or flood the Website;
create a database utilizing any information found within the Website;
duplicate, create derivative works of or otherwise violate the copyright of this Website or the Organization;
utilize the Organization's trademarks as metatags on other websites or otherwise use the Organization's trademarks for your own advertising or pecuniary gain, including without limitation, utilization as Google® AdWords;
utilize the Website in an unauthorized manner or in a manner which violates any legal or regulatory proscription or requirement, any third party rights or the policies outlined in these Terms and/or the Agreement;
utilize the Website in a manner that is harmful to the Organization or any other person or entity;
utilize the Website or any information provided on the Website illegally or improperly and/or to violate the privacy rights or any other rights of the Organization or any third party;
remove, alter or amend any copyright or other proprietary notices from this Website;
infringe upon the intellectual property rights of the Organization or a third party;
circumvent any encryption or other security tools used anywhere on this Website;
sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use or otherwise assign to any third party any of your rights to access and otherwise Use the Website or services as granted in these Terms;
use any robot, spider or other intelligent agent software or device to access or monitor the Website in any manner; and
defame or disparage any person that is utilizing, or has directly or indirectly utilized, the Website or any content contained on it, including without limitation any person affiliated with or legally representing the Organization.
Furthermore, you agree to cooperate with the Organization in preventing any unauthorized Use of the Website. If you recognize or incur any problems using the Website, any violations of these Terms or any offensive content, please contact the Organization at actual@startrekrewrites.com.
Abuse of the Website
In addition to the Organization's other rights to terminate your Use of the Website, and without limitation, if, in the Organization's sole discretion, it determines that you are creating potential liabilities, or acting inconsistently with these Terms, the Organization may, without limitation, prohibit access to the Website, terminate any licenses or other agreements in place between the Organization and you, and take technical and legal steps to keep you off the Website. Users may identify abuse of the Website and notify the Organization of the same. Notwithstanding the foregoing, you otherwise acknowledge and agree that this is in the Organization's sole discretion and that it shall not be obligated to do so. The Organization reserves the right to investigate and take appropriate legal action against any violation of these Terms and Conditions. All Users agree to cooperate in this investigation regardless of whether it is related to User content posted by them or relating to another, unrelated user. Notwithstanding the foregoing, you acknowledge and agree that the Organization can terminate your right to Use this Website or any portion thereof at will, without notice and without cause.
You acknowledge and agree that the Organization shall not be liable to you or to any other person or entity for any claims related to the termination or suspension of your or any other party's Use of the Website.You hereby make the material representations, upon which you agree the Organization may and will rely: (i) you are at least of the age of majority in the jurisdiction from where you are accessing this Website; and (ii) you are authorized to view and provide information on the Website; (iv) if Using this Website on behalf of an organization, that you have authority to bind the organization to these Terms.
Submissions
The Organization welcomes your communications and submissions, though it undertakes no obligation to utilize or display them, though it may do so in its sole discretion. By submitting content to this Website by e-mail, comments and/or messages through the Website or otherwise, including submitting written and/or graphic reviews, questions, comments, suggestions, ideas, fiction, non-fiction or the like contained in any submissions (collectively, " Submissions"), you grant the Organization and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and/or publicly display such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission, if the Organization so chooses. You acknowledge that the Organization shall not be obligated to provide attribution of your comments or reviews, but that it may do so in its discretion and without any compensation to you. You further acknowledge and agree that Submissions are non-confidential and non-proprietary. Additionally, you acknowledge that the Organization is free to use and/or exploit Submissions, including without limitation, ideas for product improvements, product offerings, and/or a potential business model or modifications thereto, in whole or in part, through any means, and the Organization shall not owe any compensation to you or any third party relating to the same.
Third-Party Software
The Website may require third-party components in order to work properly, including, but not limited to operating systems and hardware. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS WITH THOSE THIRD-PARTIES. You may be required to accept these additional license agreements in order to meet the software system requirements.These system requirements may be supplemented or modified by the Organization at its discretion. You acknowledge that you are solely responsible for obtaining, installing, maintaining and operating any third party components and its use of the same are AT YOUR OWN RISK. The same may be governed by additional agreements. Nothing herein shall be deemed to constitute an endorsement by the Organization of third party components. The Organization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any such third party components.
Copyrights
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Website, including, without limitation, any of the Materials, without the Organization's prior written consent. The Organization is not responsible for content on websites operated by parties other than the Organization. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Organization.
If you are aware of an infringement of the Organization's brand, please notify the Organization by sending an e-mail to actual@startrekrewrites.com.
Trademarks Certain names, logos and materials displayed on the Website, may constitute trademarks, trade names, service marks or logos of the Organization or its licensors and may be owned, or exclusively or non-exclusively licensed, to the Organization or the use of which is otherwise authorized (" Marks"). Except to the extent otherwise permitted by law, you are not authorized to use any such Marks or any variations thereof. Ownership of all such Marks and the goodwill associated therewith remains with the Organization or its licensors.
Intellectual Property Infringement
It is the policy of the Organization to respond to claims of copyright infringement. The Organization reserves the right take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. The Organization may elect to terminate access for Users who it believes in its sole discretion to be an infringer, regardless of whether proven or not.
User covenants and agrees to provide the Organization with any information that User has regarding potential copyright infringement of any of the Materials. The sole and exclusive protocol for notifying the Organization that its copyrighted work has been infringed upon is to provide written notice to the Organization in accordance with the Notices provision hereunder. That notice must include (a) the signature of a person authorized to act on behalf of the owner of the copyright interest ("Copyright Owner"); (b) a description of the copyrighted work that is believed to have been infringed upon; (c) a description of where the alleged infringing work is located on the Website; (d) the Copyright Owner's mailing address, telephone number and email address; (e) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, or otherwise being conducted by another authorized owner or licensee of the work; and (f) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner's behalf. Such information should be immediately delivered to the Organization by certified mail return receipt requested or by commercial carrier at the addresses set forth above in the "Notices" provision and directed to the attention of the "Copyright Agent."
Registered User Account
Certain users may elect to create an account with the Website, whereby they become registered users for purposes of making a donation or signing up to volunteer (" Registered Users"). A Registered User may provide the Organization with certain information including, without limitation: name, username, physical/mailing address, email and password (collectively, the " User Account"). Each Registered User is responsible for maintaining the confidentiality of the User Account information. A Registered User shall be responsible for all uses of the User Account on the Website, whether or not authorized by the Registered User. Notwithstanding the foregoing, the Registered User shall immediately notify the Organization of any unauthorized use of a User Account. Moreover, if any User learns of any unauthorized use of a User Account, such User shall immediately notify the Organization thereof. A Registered User may cancel their User Account by contacting the Organization through the Contact Us link. That communication shall have in its subject line "Request to Terminate User Account." Notwithstanding the foregoing, and as previously set forth, the Organization may cancel a User Account at any time, and without prior notice to the Registered User. All references herein to users shall also incorporate those users that are Registered Users, unless specifically stated otherwise.
Protection of Children
No one under the age of thirteen (13) is permitted to Use the Website. If the User is a parent and believes the Organization may have inadvertently collected such information from User's child, please notify the Organization immediately by sending an email to actual@startrekrewrites.com. Moreover, Users should be aware of the fact that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist the User in limiting access to material that it considers to be harmful to minors. For convenience sake only, the examples of some such protections are listed below. However, the Organization does not accept any liability for the products and services provided by any third parties, nor does the following listing constitute, in any way, an endorsement of these products by the Organization. Rather, it is being provided only as an example and for the User's convenience.
Disclaimer
You explicitly agree that your Use of the Website is at your own and sole risk. The Website and all materials contained therein are provided "AS IS," without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Neither the Website nor the Organization make any representations or warranties that the Website will operate in a timely, secure or error free manner; nor does the Website or the Organization make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Website or any of the materials contained herein. The Website may be modified or discontinued at any time with or without reason and with or without notice to you, without liability to you or any third party. Furthermore, neither the Website nor the Organization make any warranty as to the goods that are obtained from the Use of the Website. You also understand and agree that any material and/or data downloaded or otherwise obtained through the Use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that the Organization cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Organization makes no warranty regarding any use or disclosure of confidential or private information you may provide. The Organization may change any of the Terms found on the Website at any time, without notice. The Organization makes no commitment to update or keep current the information found on the Website. The warranties and representations set forth in these Terms, IF ANY, are the only warranties and representations with respect to The WEBSIte AND/OR any Transactions facilitated through the Website. There are no other warranties, written or oral, express or implied, that may arise either by agreement between You and The ORGANIZATION or by operation of law, including, without limitation, warranties of merchantability and fitness for a particular purpose, all of which are hereby specifically disclaimed. Some jurisdictions do not allow the elimination of certain warranties, and thus, one or more of the above exclusions may not apply to you. However, this shall be limited and only those prohibited by that jurisdiction shall be excluded and severed from the remainder of the other warranties, limitations and exclusions which shall remain in full force and effect to the maximum extent permitted by law.
Under no circumstances shall the Organization be responsible for any loss or damage, including, without limitation loss of profits, anticipated revenue, savings or goodwill, or other economic loss, emotional distress, other personal injury or death, resulting from the Use of the Website, information relayed herein or otherwise relating to your conduct, or that of any other users, whether online or offline.
Limitation of Liability
the ORGANIZATION ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING of THE Website OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE Website. EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, IN NO EVENT SHALL the ORGANIZATION BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS Website OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS Website FOR COMMUNICATING WITH OTHER USERS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY the ORGANIZTION, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, the Organization should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Website, or any of the Organization's goods or services, the Organization's liability shall in no event exceed One Hundred Dollars (US$100.00). Some states do not allow limitations of liability, and thus the foregoing limitation may not apply to you.
Release
BY UTILIZING THE Website, YOU HEREBY RELEASE , REMISE AND FOREVER DISCHARGE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS WHICH YOU MAY HAVE AGAINST the ORGANIZATION, ANY OF THE Indemnified PARTIES, AS DEFINED BELOW, AND THEIR AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES BASED ON ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF THE Website, ANY LINKED WebsiteS AND any and all GOODS AND SERVICES RELATED THERETO. YOU FURTHER WAIVE, RELEASE AND GIVE UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION DIRECTLY OR INDIRECTLY RELATED TO THE USE OF THE Website. WITHOUT LIMITATION, YOU FURTHER UNCONDITIONALLY AND IRREVOCABLY FOREVER RELEASE, DISCHARGE AND HOLD HARMLESS THE indemnified PARTIES, AS DEFINED BELOW, FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, UNLESS required to be PROVIDED BY STATUTE), INCLUDING, WITHOUT LIMITATION, THOSE BASED ON SLANDER, LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, PERSONALITY AND/OR CIVIL RIGHTS, DEPICTION IN A FALSE LIGHT, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, PERSONAL INJURY, COPYRIGHT INFRINGEMENT AND/OR ANY OTHER TORT AND/OR DAMAGES ARISING FROM OR IN ANYWAY RELATING TO YOUR USE OF THE Website OR ANY OF THE PRODUCTS AND SERVICES OFFERED THEREIN. THIS FURTHER INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES' POLICIES, PRACTICES OR PROCEDURES; AND/OR (III) ANY FEDERAL, STATE or local STATUTES OR REGULATIONS. If you are a California resident, you hereby waive California Civil Code § 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You hereby acknowledge, agree and stipulate that this waiver is being made consciously and with full understanding of the rights that you may be giving up.
Notwithstanding any termination of your access to the Website, you acknowledge and agree that your representations and obligations, as well as the disclaimer of warranties, limitation of liability and release of liability hereunder shall survive and continue in perpetuity.
Indemnification
You agree to indemnify, hold harmless and defend THE ORGANIZTION, its affiliates, partners, service providers, vendors and contractors and any members, shareholders, directors, officers, employees, attorneys, representatives or agents of any of the foregoing (collectively, " Indemnified Parties") with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys' fees and expenses of the Indemnified Parties' selected attorney(s), relating, directly or indirectly, to (i) your failure to comply with these terms and conditions and/or the agreement; (ii) your use of the Website and/or any service and/or product identified on the Website and/or any affiliate link, ADVERTISEMENT or LINKED Website; and/or (iii) any act or omission on your part.
Choice of Law; Jurisdiction
the ORGANIZATION and you each agree that this Agreement is made and delivered in, and shall be governed by and construed in accordance with the laws of the STATE OF NEW JERSEY (without giving effect to principles of conflicts of laws of the STATE of NEW JERSEY or any other state). the ORGANIZATION and you each hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the State Courts of NEW JERSEY (with venue in UNION County) and/or the Federal Courts of the DISTRICT OF NEW JERSEY for any action, proceeding or investigation in any court or before any governmental authority (a " Litigation") for actions arising out of or relating to this Agreement and/or the Website, as well as any other claims or defenses directly or indirectly related to the subject matter of this Agreement and/or the Website (and agrees not to commence any Litigation relating thereto except in such courts). the ORGANIZATION and you also both agree that you or the ORGANIZATION may bring suit in ANY court to enjoin infringement or other misuse of intellectual property rights. The jurisdiction provision within this section shall not be deemed to prohibit such action.
the ORGANIZATION and you BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO agree that any LITIGATION will be conducted only on an individual basis and YOU WILL NOT LITIGATE IN COURT ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Assignment
The Organization may freely assign its rights and obligations in and to these Terms and Conditions. You acknowledge that you may not assign, transfer or sell your rights under these Terms and Conditions without the Organization's express written consent, which may be unreasonably withheld. Any purported assignment without the Organization's consent shall be deemed null and void.
Attorneys' Fees
If any of the Indemnified Parties undertake any action to enforce these Terms and/or the Agreement, such party will be entitled to recover from you, and you hereby agree to pay, any and all attorneys' fees and any costs of litigation, in addition to any other relief at law or in equity to which such party may be entitled. In such event, Indemnified Parties shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys' fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings.
California Residents
Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) the Organization is located at Ictoan LLC, 180 Talmadge Road, Suite #511, Edison, NJ 08817 and can be reached at actual@startrekrewrites.com; (b) these Terms have provided you with advance notice of any applicable charges resulting from or related to your Use of the Website and/or its services; (c) you may contact the Organization at the address or email address indicated above to resolve a complaint or receive further information regarding any aspect of the services provided by the Website; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112 , Sacramento, California 95834 or via telephone at 800-952-5210.
Communications
Except as otherwise provided herein or in the privacy policy, the ORGANIZATION MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY WITH REGARD TO ANY COMMUNICATION MADE BY OR THROUGH THE Website, WHETHER TO the ORGANIZATION, THROUGH A message, comment and/or POST TO THE Website. The Organization specifically reserves the right, and you hereby authorize the Organization, to monitor transmissions over the Website and its related networks for maintenance, service, quality control assurance or any other purpose permitted by the Electronic Communications Privacy Act, 18 U.S.C. §2701, et. seq. The Organization takes no responsibility for information sent to it that is intercepted by third parties.
Any communications, including, without limitation, emails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise to the Organization or any of its officers, employees or agents and any postings to the Website shall become the Organization's property upon the transmission of the same. You grant the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge
Notices
Any and all notices or other communications, if any, that are to be given to the Organization under this Agreement must be in writing, which shall be given by delivery to the address set forth above, by way of either personal delivery, regular mail, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier, facsimile transmission, or email. Notices to you, including but not limited to service of process initiating any proceeding related to this Agreement, if any, shall be provided by the Organization via email or any other address which the Organization reasonably believes to be associated with you, or by posting said notice on the Website. Notice shall be deemed effective upon delivery of the same. By accessing and/or using the Website, you acknowledge and agree that you are communicating with the Organization electronically, and consent to receive communications from the Organization electronically. You acknowledge and agree that all agreements, notices, disclosures, and/or other communications that the Organization may provide to you electronically are effective; satisfy any legal requirement that such communications be in writing; and shall be deemed delivered to you. Without limitation, you specifically waive any objection or challenge respecting service of process so long as such documents and notices are delivered pursuant to the terms of this section.
Notices sent by certified mail, return receipt requested, two-day delivery or overnight delivery by a commercial carrier or facsimile transmission (with self-generated confirmation of receipt) shall be deemed given upon sending. Notices by personal delivery shall be deemed given upon delivery. Notices by email shall be deemed effective twenty-four (24) hours after the message was sent, so long as no "System Error" message or other notice of non-delivery is generated. Notices by regular mail shall be effective when received at the address to which they are sent. Notices shall be addressed as set forth above, which may be modified from time to time. The addresses for giving notice are as follows: actual@startrekrewrites.com.
International Use
In light of the international scope of the Internet, you agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, you acknowledge and agree that you shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which you may reside.
Miscellaneous
You acknowledge and agree that this Agreement, which includes, without limitation, the Terms and the Privacy Policy, constitutes the entire agreement between the Organization and you, hereto relating to the subject matter hereof, and any prior agreements, understandings, representations and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect. You acknowledge and agree that the Privacy Policy is meant to supplement and not supersede these Terms, and they should be read together, in pari materia. If any provision of the Agreement is prohibited or otherwise unenforceable in a jurisdiction where it is being enforced: (a) it shall be nevertheless enforced to the fullest extent allowed by that prevailing law; and (b) all other provisions of this Agreement shall remain in full force and effect and shall not be invalidated or rendered unenforceable. You agree that neither this Agreement nor your Use of the Website creates a joint venture, agency, partnership, or employment relationship between you and the Organization and/or affiliates. The Agreement is not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. For the avoidance of doubt, any party that is subject to being indemnified under this Agreement shall be an intended third party beneficiary to this Agreement. You promise to perform all further acts and execute all supplementary instruments or documents that may be requested by the Organization to carry out the provisions and effectuate the intent of this Agreement. The Organization's failure to enforce any term, provision or condition of these Terms and/or the Agreement, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver. You specifically acknowledge that you have not accepted these Terms on reliance of any representations or other promises of the Organization, which are not specifically included herein. You specifically stipulate that these Terms do not constitute a contract of adhesion. The gender terms in these Terms shall apply equally to either gender. The headings in these Terms shall have no force and effect. By using the Website, you agree that you are of legal age to enter into a contract and have had the opportunity to review the terms of the Agreement with counsel of your choosing, if you wished to do so. You further acknowledge that you have thoroughly read these terms and conditions; that you are giving up certain legal rights that may otherwise exist; have asked any questions you desire to clarify its meaning; and believe it is in your interest to nevertheless proceed. Any rights not expressly granted herein are reserved.
If you have any questions or concerns about this Agreement, please do not Use the Website and kindly contact the Organization at actual@startrekrewrites.com.