Leia Terms and Conditions

Last Updated December 1, 2023

Welcome to Leia!

These terms of service set forth the agreement (this “Agreement” or these “Terms”) between you and Leia, Inc. (herein referred to as “Leia”, “we”, or “us”) governing your access and use of the products and Services we offer through our websites, applications, and API (the “Services”), which are explained below.  It is important that you carefully read this document because, by using our Services, you are agreeing to these Terms.  If you do not understand the Terms, or you do not accept any part of them, then you should not use the Services.

By using the Services, you are representing that you are of legal age to enter into a binding contract in your legal jurisdiction by agreeing to these Terms. If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind them to these Terms. If you are not of legal age, do not agree to these Terms, or cannot bind the entity on whose behalf you would be using the Services, then you may not and must not access or use the Services. Any use of the Services under such conditions would be wholly unauthorized and in violation of these Terms.

We try to make our Services broadly available to everyone, but you may not and must not use or access the Services if:
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• You are under 18 years old;• You are a convicted sex offender;
• Your account has been previously disabled for violations of these Terms; or
• You are prohibited from receiving, accessing, or using our products, services, or software by any applicable law, regulation, order, directive, sanctions, or control list of any jurisdiction.

Leia’s Services

Leia offers various Services that provide tools for you to express your creativity by estimating and editing depth to produce and transform media. The Services include but are not limited to the following applications and websites:
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• LeiaPlayer
• LeiaPix
• Leia Appstore
• LeiaViewer
• LeiaTube
• LeiaChat
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The Services are provided by us, Leia Inc., a Delaware corporation with its headquarters at 2440 Sand Hill Road, Suite 100, Menlo Park, California 94025.  Leia Inc. is a leading provider of eyewear-free 3D display hardware and software solutions. Our breakthrough technology, born from pioneering research at HP Labs and Phillips, leverages advanced optics and AI to transform ordinary displays into naturally immersive experiences. We envision a future where the three-dimensional reality of our physical world is seamlessly reflected in the digital space to transform the way we work, play, and connect — and strive to make 3D accessible to anyone, anywhere, on any device.

We will update these Terms if they are materially impacted by changes made to our Services.

Content

Leia's Services allow you to upload, create, generate, share, and download images, media, text, graphics, animations, videos, and other digital content (“Content”). Leia does not claim any ownership of Content that you upload to the Services, create or generate through the Services, and share through the Services (“Your Content”). Similarly, Leia does not claim any ownership of Content that other users of the Services upload, create, generate, or share to or through the Services (“User Content).

The Services use an artificial intelligence ("AI") tool to generate Your Content. This use of AI is relatively new and still evolving.  As a result, while we have taken — and continue to take — efforts to mitigate the creation of illegal or infringing content, we cannot guarantee the suitability or appropriateness of the resulting Content you generate.   You acknowledge and agree that Content is the sole responsibility of the party from whom such Content originated. This means that you, and not Leia, are entirely responsible for Your Content. Similarly, other users of the Services, and not Leia, are entirely responsible for all User Content.

In using the Services:
- You grant Leia a limited license to use Your Content in connection with the Services (as explained below);
- You represent that you either own Your Content (including all rights, title, and interest in Your Content) or you have the irrevocable permission of the owner of Your Content to (i) use Your Content with the Services and (ii) grant Leia any necessary licenses required for such use; and
- You may not upload any materials that infringe any intellectual property or other proprietary rights of any party, or that you do not have a right to upload under any law or under any contractual or fiduciary relationship.

What to Expect from You

By using our Services you agree to the following:
a) you will not use any of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, profane, obscene, incorporating nudity, or that violates the “community standards” of the area in which you reside;
b) you will not upload, post, reproduce, or distribute any information, Content, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
c) you will not collect or store personal data about other users;
d) you will not use the Services for any commercial purpose not expressly approved by Leia in writing;
e) you will not upload, post, email, or otherwise transmit to or through the Services any advertising or promotional materials or any other form of solicitation or unauthorized communication; and
f) you will not upload, post, email, or otherwise transmit to or through the Services any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

In addition, by agreeing to these Terms, you also agree to follow the Community Guidelines. These Community Guidelines are incorporated into this Agreement in their entirety.

Content in violation of these Terms may be removed without notice.  All rights not expressly granted to you in these Terms are expressly reserved and retained by Leia and its affiliates, parents, and subsidiaries.

Community Guidelines

As a valued member of our user community, you’re committing to creating incredible, high-quality, and appropriate Content. We like to add "appropriate" because your contributions must be safe, legal, and in accordance with these Terms. We are clear about what we expect from users, and we may respond if you do not meet our expectations. The Community Guidelines apply to your Content and use of the Services, including any Content Sharing (as defined below). Please review them carefully. 

The Services are provided based on models created by Leia.
You will not use the Services in any manner described below in "Prohibited Uses."Before posting, publishing, or otherwise sharing Content with others (collectively, "Content Sharing"), you must give careful consideration to the potential physical, emotional, mental, financial, and reputational harm that it may have on others. Content that may be acceptable, harmless, satirical, artistic, or humorous to you might be perceived as harassing, threatening, intimidating, upsetting, disturbing, embarrassing, distressing, or hateful to someone else. 

Any violation of these terms (including the Community Guidelines) may result in the suspension or termination by us, in our sole discretion, of your access to and use of the Services (including a permanent ban and you will forfeit any remaining credits and fees paid for the services). We MAY CHANGE the Services at our sole discretion. We will endeavor to provide reasonable notice of any suspension, termination, or change to you, but may do so without notice if, in our sole judgment, we need to make changes to comply with the law, protect or enforce legal rights, avoid or mitigate misuse of the Services or adverse legal or regulatory impacts on us, or otherwise to address or prevent an emergency. If we disable your account for a violation of the Terms or any other reason based on your conduct, you may not create another account without our express permission, which we may withhold in our sole discretion. if we let you create a new account, it does not imply that our prior decision to disable your account was wrong or without cause. Suspension or TERMINATION of your access to and use of the services will not terminate Leia's rights to Your Content. 

Without limiting the foregoing, you acknowledge and agree that Leia may preserve Your Content, including your text prompts, and may also disclose the same if required to do so by law or in Leia's good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Leia, its officers, employees, directors, shareholders, licensors, service providers, agents, and the public.

Prohibited Uses

We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. Accordingly, you may not, or assist any other person to: 
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- Violate these Terms, the License, or other policies applicable to the Services; 
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- Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver's license numbers, or other account numbers) about yourself or any other person;
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- Violate the privacy, publicity, or other rights of any third party;
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- Further or promote criminal activity or enterprise or provide instructional information about illegal activities; 
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- Generate any Content or engage in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture); 
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- Generate Content or engage in any Content Sharing that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors ("Children"), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way; 
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- Generate Content or engage in any Content Sharing that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person's or class of people's race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
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- Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people; 

- Generate Content or engage in any Content Sharing that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful; 

- Upload any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship; 

- Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services; 

- Interfere with or disrupt the Services or servers or networks connected to the Services; 

- Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by Leia to you through the Services; 

- Use the Services (a) for fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation; (b) to provide medical advice or medical results interpretation; or (c) Generate Content or engage in Content Sharing used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use); 

- Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or 
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- Attempt to do any of the above. 

The Services may block certain API requests and blur resulting Content if we find (in our sole judgment) the upload or resulting imagery too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Content does not otherwise violate the prohibitions described above. We may also block text prompts or block or remove Content that we otherwise find objectionable or that we believe in our reasonable judgment may expose us or others to any harm or liability.

License Granted by Leia

Unless you have a paid license which provides otherwise, (a) Leia offers you a limited, non-exclusive, non-transferable, non-sub licensable license to access the Services and to access, download, and make personal and non-commercial use of Content available on through the Services; (b) you may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any reason any part of the Services for any commercial purpose without the express written consent of Leia.  You may only use the Services and Content as permitted by law.

License Granted by You

Some of our Services are designed to let you publish Content. You have no obligation to publish Content using our Services and you are free to choose the Content that you want to publish. You retain all of your original rights to all Content you submit, post, display, or otherwise make available via the Services. Leia does not claim any ownership of Your Content.

By using the Services (including submitting, uploading, displaying, posting, or publishing any Content, including information, text, graphics, or other materials), you grant Leia a non-exclusive, fully paid, royalty-free, and perpetual license to use, modify, publicly perform, publicly display, reproduce, create derivative works from and distribute Your Content. You also grant to other users of the Services a non-exclusive, fully paid, royalty-free, and perpetual license to access Your Content during the course of their use of the Services as authorized herein. In addition, you grant Leia a non-exclusive license to use any Content you submit for research or academic purposes, where Leia may redistribute, publish, or cause the publication of anonymized copies of your Content in research papers or academic papers. These licenses you grant to Leia and other users of the Leia Services last for as long as Your Content is protected by intellectual property rights.

No Interferences

You will not interfere with, interrupt, destroy, or limit the functionality of the Services or any of Leia’s computer software, hardware, or telecommunications equipment. You may not use the Services in any manner that could damage, disable, overburden, or impair any Leia server, or interfere with any other party’s use of the Services. You may not attempt to gain unauthorized access to Leia or the Services, third-party accounts, computer systems, or networks connected to Leia or the Services through hacking, cracking, counterfeit software, password mining, or any other means. You may not obtain or attempt to obtain any Content or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile, or disassemble any software accessed through the Services.

Changes to these Terms

Leia may make changes to the terms of this Agreement and to any Services it offers and to the availability of the Services, at any time, without notice to you. We may change or modify these Terms by posting a revised version on the Leia website or by otherwise providing notice to you, and will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fourteen (14) calendar days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to the new Terms.

Intellectual Property

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Leia and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright laws.  You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement.  No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement.  You agree not to modify, rent, loan, sell, or distribute the Services in any manner, and you shall not exploit the Services in any manner not expressly authorized. For information about Leia’s patents, please visit www.leiainc.com/patents.

Copyright Notice

Leia respects the intellectual property rights of others. If you think somebody is violating your copyright, you can submit a notice of copyright infringement to us. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512.  In order to process a copyright infringement notice we require the following:

1. Your name, mailing address, telephone number, and email address.
2. Sufficient detail about the copyrighted work;
3. The URL or other specific location on our websites that contains the material that you claim infringes your copyright;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (i.e. “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”);
5. A statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf (i.e. “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).
6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
7. Your notice can be sent by mail  to our copyright agent at: Leia, Inc.Attention: Copyright Agent2440 Sand Hill Rd. #100
Menlo Park, CA 94025.
USA 
Or by email to:
legal@leiainc.com

After we receive a proper written notice, we will expeditiously remove or disable the allegedly infringing content. We will also notify the user and, if requested, provide the report to the user. Please note that your notice will be forwarded to the user who provided the allegedly infringing content (with your personal information removed). We may exclude repeat infringers from our website and Services. If a user of the Services believes that their content was removed or disabled by mistake or misidentification, the user can send us a written counter-notification which includes the following:

‍1. The user’s name, mailing address, telephone number, and email address.
‍2. Identification of the material that has been removed or disabled and the URL or other specific location on our websites at which the material appeared before it was removed or disabled.
‍3. A statement that the user consents to the jurisdiction of the Federal District Court in which the user’s address is located, or Menlo Park, CA if the user’s address is outside the United States.
‍4. A statement under penalty of perjury that the user has a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (i.e. “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other items of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”)
‍5. The user’s physical or electronic signature.
‍6. Leia will restore the removed or disabled content after 10 business days from receipt of a proper written counter-notification, unless our copyright agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.

Account

Certain Services offered by Leia may require you to create an account with us.  You are solely responsible for maintaining the confidentiality of your account.  You agree to notify Leia in the event of any unauthorized activity on your account.  In the event any of these Terms are violated, Leia reserves the right to terminate, cancel, suspend, or ban the account associated with the violation without notice. 

In creating an account, you agree to provide true, accurate, current, and complete information about yourself as prompted by the account registration form.  You agree not to create an account using a false identity or false information.  Notwithstanding the foregoing, you acknowledge and agree that you have no ownership interest in your account, and that all rights in and to your account are owned by and inure to the benefit of Leia.

The basic account for LeiaPix is free. It allows you to access the LeiaPix Services for non-commercial purposes and to download limited-quality versions of the Content you create. Such Content may be watermarked to indicate that it has been produced via a Leia Service, and you agree not to remove, delete, crop out, obscure, or otherwise interfere with the visibility and readability of any such watermark.

Leia offers several paid options for unlocking the full capabilities of the Services, including the ability to download full-quality and non-watermarked versions of Content that you create, the full range of available file types, and permission to use the Services for commercial purposes. Content created and downloaded under a paid option is not watermarked.  If Services are available for commercial purposes, the pricing and account details will be posted in the “Pricing” section of the applicable website.

Transactions

Through our website, applications, and other Services, you may be able to purchase certain Content and pay for Services from time to time at the prices indicated on our website, applications, and other Services. Additional terms and conditions may apply to such purchases. To be able to pay for such Services, either one-time or on a subscription basis, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Leia and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. You authorize Leia to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the terms of your agreement with Leia. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Third Party Platforms

Leia may hyperlink to platforms not maintained by Leia or related to Leia or the Services. These hyperlinks are provided as a service to users and are not sponsored by or affiliated with Leia, and Leia makes no representations or warranties about the content, completeness, accuracy or fitness for use of those third-party platforms. Information you submit at a third-party platform is subject to the terms of that platform's privacy policy, and Leia has no control over how your information is collected, used, or otherwise handled.

Privacy

Leia’s Privacy Policy applies to your use of the Services. For information concerning how and why we might collect, store, use, and/or share your personal information when you use the Services, including when you register to set up a membership account, please read and review our Privacy Policy.You can go to Leia’s Privacy Policy by clicking here.

Export Controls and Sanctions 

The Services and your use of them are subject to laws, restrictions, and regulations of the United States and other jurisdictions that (i) govern the import, export, and use of the Services and (ii) may, in Leia’s sole discretion, prohibit us from providing the Services to you. By using the Services, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving, accessing, or using the Services by any law, regulation, order, directive, sanction, or control list of any jurisdiction. Additionally, you agree not to upload to or transmit over, by, or through any of the Services any content that is controlled for export from the United States (including technical data controlled under the US International Traffic in Arms Regulations and technology controlled under the US Export Administration Regulations) without prior written approval from Leia, which approval may be withheld or granted in Leia’s sole discretion.

Limitation of Liability

You understand that the use of the Services entails risks, including but not limited to interruption of service, systems/communications failures, delays in service, cyberattacks, and errors in the design or functionality of such Services (collectively, a “System Failure”) that could cause substantial damage, expense, or liability to you. While Leia will endeavor to reduce the likelihood of System Failures, you understand there is a risk of a System Failure.

WHERE ALLOWED BY LAW, LEIA WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED (E.G., SYSTEM FAILURE), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND WHERE ALLOWED BY LAW, THE TOTAL LIABILITY OF LEIA AND LEIA’S SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES, EVEN IF LEIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty

YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES PERFORMED OR PROVIDED BY LEIA ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LEIA HEREBY DISCLAIMS ALL WARRANTIES OR OTHER PROMISES OF ANY KIND AS TO THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, QUIET ENJOYMENT, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. LEIA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME LEIA MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

Indemnification

You agree and hereby release, indemnify, and defend Leia and its affiliates, shareholders, officers, directors, employees, agents, and representatives from all claims, demands, losses, damages, judgments, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services, (ii) the Content you provide to Leia through the Services; (iii) your conduct or interactions with other users of the Services; or (iv) or your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

Governing Law

All Matters relating to your use of the Services, including all disputes, shall be governed by laws of the state of California and federal law, without regard to any conflict of law provisions.

Entire Agreement/ Severability

This Agreement supersedes all prior terms, agreements, discussions, and writings and constitutes the entire agreement between you and us regarding your use of the Services (except as to Services that require a separate written agreement with us in addition to this Agreement, including but not limited to additional Terms and Conditions related to promotions, and in the event of any conflict between any such separate agreement and these Terms, these Terms shall control). If any provision in this Agreement is found to be invalid or unenforceable, then that provision shall be deemed stricken from this Agreement and will not affect the validity or enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.

Relationship

This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

Arbitration

Except as indicated below, all disputes between you and Leia will be resolved by binding, individual arbitration, or local "small claims" court, if the rules of that court allow it.  You expressly waive a trial by jury.  In addition, you waive your right to participate in a class action lawsuit or class-wide arbitration.  The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. This arbitration provision is governed by the Federal Arbitration Act.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for any Leia account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Leia, Inc. ATTN: Arbitration, Leia, Inc. 2440 Sand Hill Rd. #100 Menlo Park, CA 94025.

You can opt out of this Arbitration provision within 30 days of the date that you agreed to these Terms. To opt-out, you must send your name, residence address, username, email address or phone number you use for your Instagram account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Leia, Inc. ATTN: Arbitration, Leia, Inc. 2440 Sand Hill Rd. #100 Menlo Park, CA 94025.

Notwithstanding the above, the following claims do not have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

Any claim that is not arbitrated or resolved in small claims court will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.  The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Waiver

No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision. If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms.

Assignment and Delegation

You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void, and will automatically terminate your right to use the Services. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

Notices

You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void, and will automatically terminate your right to use the Services. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

Feedback

We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). You acknowledge that any Feedback provided by you to Leia is not confidential and that Leia and its affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, without providing any compensation or other attribution or acknowledgment to you.