Terms of Service
The 4D Website
The 4D Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the 4D Website is the property of 4D or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. 4D hereby grants you a limited, nonexclusive, non-transferable, personal license to use the 4D Website for personal or informational purposes only. You may print and/or download and store portions of 4D Website for personal use only, provided that you retain all copyright and other proprietary notices contained on the 4D Website. Except as expressly authorized by Lateral in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the 4D Website for any purpose. All rights not expressly granted herein are reserved to Lateral and/or its licensors.
To use certain features of the 4D Website or participate in certain activities sponsored by Lateral, we might ask you to register as a customer, user or participant. If so requested, each 4D Website user must: (1) personally provide true, accurate, current and complete information on the 4D Website’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Lateral has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Lateral may suspend or terminate any and all current or future use of the 4D Website by that user. A user may receive passwords and account designations upon completing certain 4D Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
Rules for Content Submission
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the 4D Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the 4D Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this 4D Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Lateral; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. Lateral shall not be liable in any way for any Content.
Lateral may terminate your use of the 4D Website for: (1) breach of these Terms; (2) your abuse of 4D Website resources or attempt to gain unauthorized entry to the 4D Website; or (3) as required by law, regulation, court or governing agency order. Lateral’s termination of any user’s access to the 4D Website may be effected without notice and, on such termination, Lateral may immediately bar any further access to the 4D Website. Lateral shall not be liable to any user or other third party for any termination of that user’s access to the 4D Website.
The 4D Website may provide links to other websites. Lateral exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
Limited Warranty and Disclaimer; Limitation of Liability
EACH USER’S USE OF THE 4D Website IS AT HIS OR HER SOLE RISK. THE 4D Website IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Lateral EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Lateral SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE 4D Website. IN NO EVENT SHALL Lateral’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
“THE 4D CLUB” is a trademark of Lateral. All other marks, names, and logos mentioned on the 4D Website are the property of Lateral or their respective owners. Your use of the Lateral trademarks and other marks, names and logos set forth on the 4D Website without prior written consent is strictly prohibited.
Lateral respects the intellectual property rights of others, and requires that the people who use the 4D Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this 4D Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Lateral to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) 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; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is: Lateral Sports ℅ WeWork, 1875 Connecticut Ave NW, 10th Floor, Washington, DC 20009, [email protected]
The Terms constitute the entire agreement between each user and Lateral regarding the user’s access to and use of the 4D Website and govern each user’s use of 4D Website, superseding any prior agreements. The Terms and the relationship between each user and Lateral shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia. This 4D Website is controlled and operated by Lateral from its offices within the District of Columbia, United States of America. Lateral makes no representation that materials in the 4D Website are appropriate or available for use in other locations. Those who choose to access this 4D Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Lateral and any user.