These terms of service, as amended from time to time, including any and all policies and additional terms linked to or referencing these terms of service (collectively, the “Agreement” or “Terms of Service”) are a legal agreement between Aether Media, Inc. dba Wonder Dynamics, its affiliates and any of its or their respective successors or assigns (collectively, “Wonder,” “our,” “we” or “us”) and you regarding your use of Wonder’s website(s), its Wonder Studio Platform, which is a web-based AI tool that enables video material manipulation and production of VFX and CG elements, and successors thereof, Beta Version (as defined herein), as applicable, and any all other web properties and services created or controlled by Wonder (collectively, the “Services”). The Services are offered to you by Wonder and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, marketing, publication or exploitation of the Services.
These Terms of Service apply whether you are a user that registers an account with the Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Services, you are entering into a legally binding agreement between you and Wonder regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Services.
These Terms of Service require the use of arbitration (See Section 17) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
We may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms, as revised.
When opening an account with us on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
If you are an enterprise level client and have entered into a separate enterprise agreement with Wonder, the terms of that agreement will supersede and control to the extent of any conflict with these Terms of Service.
You agree that the form and nature of the Services may change without prior notice to you and that future versions of the Services may be incompatible with content and media created on previous versions of the Services. You further agree that Wonder may stop (permanently or temporarily) providing all or any portion of the Services (or any features thereof) to you or to users generally at Wonder’s sole discretion, without prior notice to you.
You agree that Wonder is not obligated to provide any maintenance, technical or other support (“Support”) for the Services. However, you may post questions to the Wonder Studio Discord channel which can be found here. Further, if you require additional Support, please contact us at [email protected].
2. Use of Wonder Minors and Blocked Persons
The Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Services are also not available to any users previously removed from the Services by Wonder or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.
4. Account Registration
Certain content and Services that we may offer or that you may wish to access may require that you first register with us and create an account (“User Account”). To establish a User Account, you may be required to provide Wonder with certain personal information, including without limitation, your first and last name, e-mail address, as well as payment processing account information. You agree that you will supply accurate information, and that you will update that information promptly if it changes. Wonder reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s). By registering for a User Account, you agree that we may display your username and profile picture, if any. If you wish to cancel your User Account, you may do so by selecting the cancel option under your account settings within the website or web application or by contacting us. You are solely responsible for backing up and/or migrating any data prior to cancellation. If you cancel your User Account, you will not be able to access or reactivate the User Account.
You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password. If you become aware of any unauthorized use of your data or User Account for the Services, you agree to notify us immediately at [email protected].
Unless expressly permitted in writing by Wonder, you may not sell, rent, lease, share, distribute or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account, allowing a third party to use your account and the Services, and making your account available to third parties on a software-as-a-service, hosted services, time-sharing, service bureau or similar basis. Wonder reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WONDER.
5. Services Plans
You acknowledge that you may have access to the Services free of charge under the “free tier” but that to view certain portions of our Services and to gain access to certain aspects and features of the Services, you must purchase one of our Services plans (each a “Plan”), as updated from time to time in Wonder’s sole discretion. Our Plans, including pricing and billing terms, are outlined here and contain various subscription paid tiers with certain features, including without limitation, unlocking additional processing time, storage space, project output resolution and other video output options. Enterprise customers may be subject to the terms of a separate enterprise agreement with Wonder which may contain terms that differ from those contained in these Terms of Service.
You may terminate your Plan at any time. You can terminate your Plan by going into the Settings tab on your User Account, clicking the “Cancel Subscription” button and filling out the termination survey. We will then reach out and cancel your chosen subscription level and/or terminate your User Account. Your User Account will still maintain Plan access until your Plan’s billing cycle has completed. Once completed, your User Account will be downgraded. All Plan fees are nonrefundable. It is your responsibility to ensure that any and all User Content is removed from your User Account prior to any such termination. Wonder reserves the right to terminate or suspend access to the Services or any related license, subscription, product, or service if you fail to pay any amounts when due.
Plan payments do not include any applicable sales taxes that may be due in connection with the Services; provided, however we may collect applicable sales taxes in addition to the payments required under Plan if such Services are subject to any sales tax.
If you enroll in any free trial or other promotion that provides access to any paid Services, those Services must be used within the specified time of the trial. You must stop using any paid Services before the end of the trial period in order to avoid being charged for that Service in accordance with our standard fees associated with that Plan.
6. Services License
Unless otherwise expressly stated in writing by Wonder, by agreeing to these Terms of Service you are granted a limited, worldwide, non-assignable, non-exclusive, and non-sublicensable license (i.e., a personal and limited right) to access and use the Services solely to upload, create, generate, and edit media content that interacts with the Service for your personal use or internal business use only. Wonder reserves all rights not expressly granted in these Terms of Service and you may not use the Services or any portion thereof for any purpose not expressly permitted by the Agreement.
7.Ownership; Services Usage
The Services are owned and operated by Wonder. Unless otherwise indicated, all content, information, and other materials on the Services (excluding User Content and Processed Content, set out in this Section 7), including, without limitation, Wonder’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Wonder Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Wonder Materials are the property of Wonder or its subsidiaries or affiliated companies and/or third-party licensors and all legal right, title and interest in and to the Wonder Materials and the Services, including any and all Intellectual Property Rights thereto, are vested in Wonder. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
The Services may allow you to publicly or privately upload, create, post, share, transmit, perform, or store video, photography, audio-visual assets, sounds, messages, text, images, raw inputs, sounds or other data or materials (collectively, “User Content”). As used herein, “Processed Content” shall mean User Content that is processed by the Services, as an input and/or output, for the purpose of video material manipulation and production of VFX and CG elements and other processed results.
You hereby grant (and you represent and warrant that you have the right to grant) to Wonder an nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, modify, transmit, perform, format, display, store, archive, and index the User Content, including Processed Content, for the purpose of supporting your use of the Services and providing Services to you. In addition, you hereby grant (and you represent and warrant that you have the right to grant) to Wonder an perpetual, irrevocable, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, modify, transmit, perform, format, store, archive, and index the Processed Content for Wonder’s internal development purposes, including, without limitation, improving and enhancing Wonder’s AI models, data sets, and technologies, provided that when doing so, we shall only use Processed Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, you shall retain all rights, title and interest in and to the User Content and Processed Content and all Intellectual Property Rights therein.
To the extent permitted by applicable law, Wonder takes no responsibility and assumes no liability for any User Content or Processed Content or for any loss or damage resulting therefrom. Your use of the Services is at your own risk. In addition, these Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Wonder is not liable for any statements or representations included in User Content or Processed Content, nor is Wonder liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services.
Wonder does not endorse any User Content, Processed Content, opinions, recommendations, or advice expressed therein, and Wonder expressly disclaims any and all liability in connection with User Content and Processed Content. To the fullest extent permitted by applicable law, we reserve the right to remove, screen, or edit any User Content or Processed Content submitted, uploaded, posted or stored on the Services at any time and without notice, including where such User Content or Processed Content violates these Terms of Service or applicable law.
You are solely responsible, at your sole cost and expense, for creating backup copies of and replacing any User Content or Processed Content you post and/or store on the Services.
WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT OR PROCESSED CONTENT AND OTHER RELATED INFORMATION FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce this Agreement; (c) to protect Wonder’ legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
By using the Services, you represent and warrant that: (a) you are the creator or own or control all right in and to the User Content or Processed Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content and Processed Content does not and will not: (I) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (II) be deceptive, fraudulent, discriminatory, obscene, pornographic, or otherwise objectionable, or (III) defame any other person; (c) your User Content and Processed Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (d) unless you have received prior written authorization, your User Content and Processed Content specifically does not contain any pre-release or confidential information of any third parties. Wonder reserves all rights and remedies against any users who breach these representations and warranties.
To the furthest extent permitted by applicable law, you hereby agree that Wonder shall not be liable for any unauthorized copying, use, or distribution of User Content or Processed Content by third parties and release and forever waive any claims you may have against Wonder for any such unauthorized copying or usage of the User Content or Processed Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT AND PROCESSED CONTENT USED BY WONDER HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
8.Beta Testing and Pre-Release Software
We may designate the Services, or a feature of the Services, as a prerelease or beta version (“Beta Version”). You understand and acknowledge that the Beta Version may not be at the level of performance and compatibility of the final, generally available product offering and may contain bugs that may cause system or other failure and data loss. If you discover any vulnerabilities or breaches related to your use of the Beta Version, you must promptly contact Wonder and provide details of the vulnerability or breach. Wonder reserves the right to modify the terms, conditions, and policies of any Beta Version from time to time. Further, we may choose not to release or discontinue the Beta Version. Your access to the Beta Version is subject to the entirety of these Terms of Services and any additional terms and conditions presented to you. From time to time, you may be provided with the opportunity to submit bug reports, questionnaires, issue reports, support information, enhancement requests, and other similar reports to Wonder. All such reports are considered feedback and subject to the provisions of Section 12.
Along with access to a Beta Version, you may be given access to Confidential Information of Wonder, its affiliates and other third parties. If you are provided any Confidential Information, you may use Confidential Information only as needed to use the Beta Version as permitted under these Terms of Service. You may not disclose, publish, or otherwise disseminate any Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. “Confidential Information” means nonpublic information that Wonder or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including without limitation software (object and source code), graphics, mechanics, concepts, documentation, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; or (iii) is rightfully disclosed to you by a third party without any confidentiality obligations. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Wonder and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Services.
You agree that you will comply with these Terms of Service and will not:
- create, upload, transmit, distribute, or store any content that is inaccurate, deceptive, discriminatory, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
- impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity;
- send junk mail or spam to users of the Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
- harvest or collect email addresses or other contact information of other users from the Services;
- defame, harass, abuse, threaten, or defraud users of the Services, or collect or attempt to collect, personal information about users or third parties without their consent;
- delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or User Content or Processed Content, (b) features that prevent or restrict use or copying of any content accessible through the Services, (c) features that enforce limitations on the use of the Services or User Content or Processed Content, or (d) the copyright or other proprietary rights notices on the Services or User Content or Processed Content;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, trade secrets, or applications of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
- modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- interfere with or damage the operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- relay email from a third party’s mail servers without the permission of that third party;
- access any website, server, software application, or other computer resource owned, used, and/or licensed by Wonder, including but not limited to the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures we may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Wonder, including but not limited to the Services;
- manipulate identifiers in order to disguise the origin of any User Content or Processed Content transmitted through the Services;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- use or attempt to use another user’s User Account without authorization from that user;
- attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
- use the Services for any illegal or malicious purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy; and
- use the Services to develop any technology or product that is competitive with Wonder and its products, including the Services, or otherwise commercially exploit the Services or any part thereof.
- use the Services to develop any technology or product that is competitive with Wonder and its products, including the Services, or otherwise commercially exploit the Services or any part thereof.
10. Digital Millennium Copyright Act
We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
- provide your physical or electronic signature;
- identify the copyrighted work that you believe is being infringed;
- identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
- provide us a way to contact you, such as your address, phone number or email address;
- provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
- provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:
Aether Media, Inc.
Attn: DMCA Agent
9200 Sunset Blvd. #600
Los Angeles, CA 90069
Email: [email protected]
The Wonder Marks, including without limitation, any logo or slogan used by Wonder, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Wonder may not be used in whole or in part in connection with any product or service that is not Wonder’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wonder, without our prior written permission. Further, you agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services 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 us or any other affiliation.
12. Idea Submission; Feedback
If you send us creative suggestions, ideas, notes, drawings, concepts, feedback, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Wonder in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Wonder the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, modify, adapt, publish, translate, distribute, create derivative works based on and otherwise exploit such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Wonder chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Wonder relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
To the fullest extent permitted by applicable law, Wonder reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to upload User Content or access Processed Content) and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (i) your use of the Services violates these Terms of Service or applicable law; (ii) you fraudulently use or misuse the Services; or (iii) we are unable to continue providing the Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Services, (b) any term of these Terms of Service, (c) any policy or practice of Wonder in operating the Services, or (d) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Wonder, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, any User Content or Processed Content you post, store, or otherwise transmit in or through the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and Wonder reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Wonder, and you agree to cooperate with Wonder’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY WONDER; (B) THE INDEMNIFIED PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) WONDER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) WONDER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WONDER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WONDER OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16. Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL WONDER OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM WONDER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WONDER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, WONDER SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT WONDER HAS OFFERED THE SERVICES, USER CONTENT, PROCESSED CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WONDER, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WONDER. WONDER WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17. Applicable Law; Dispute Resolution
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH WONDER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WONDER.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.
YOU AND WONDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
In accordance with provisions in this Agreement requiring Wonder to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to Wonder can be done so by means of email to: [email protected] or by first class mail, postage prepaid, or overnight courier to:
Aether Media, Inc.
Attn: Customer Notice Processing
9200 Sunset Blvd. #600
Los Angeles, CA 90069
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wonder without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 11-18.
- Entire Agreement
The Terms of Service is the entire agreement between you and Wonder relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Wonder as set forth herein.