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LHON Collective Terms of Use

General Terms of Use

Last Updated March 14, 2025

Our General Terms of Use is a legal agreement between you and LHON Collective. We know this language can seem complex, so as you’re reading through our terms, we are providing summaries as a helpful overview of what you’re agreeing to. Only the terms themselves are legally binding, not these summaries.

In any business relationship, you agree to a set of terms. These terms are our agreement with you for the provision of our services. 

These General Terms of Use (“General Terms”) govern your use of and access to our website, and customer support.

By using the services or the software, you affirm that you are of legal age to enter into the terms, or, if you are not, that you have obtained parental or guardian consent to enter into the terms.

1. Your Agreement with LHON Collective

1.1 Choice of Law and Contracting Entity

Section 1.1 means: Your relationship is with LHON Collective, a United States company, and the Terms are governed by, and construed and interpreted in accordance with, the laws of the State of California, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules. You may have additional rights under your local law. We do not seek to limit those rights where it is prohibited to do so by law. For purposes of the Terms, “LHON,” “us,” “we,” and “our” all mean LHON Collective.

1.2 Updates to Terms

Section 1.2 means: Sometimes change happens. We’ll notify you when there are important changes to these terms or to your subscription. 

We may make changes to the Terms from time to time, ranging from cleaning up typos to changes in policy. If we make any important changes, we will notify you.  Any such changes will not apply to any dispute between you and LHON Collective arising prior to the date on which we posted the revised Terms incorporating such changes, or when the Terms otherwise become effective. Please review the Terms regularly.  If you do not agree to the amended Terms, you must stop using our Services and Software.

2. Privacy

2.1 Privacy

For information about how we collect, use, share, or otherwise process information about you and your use of our Services and Software, please see our Privacy Policy . You have the option to manage information preferences  here.

2.2 Sensitive Personal Information

You agree not to collect, process, or store any Sensitive Personal Information (as defined below) using the Services and Software, except as (A) directly authorized by LHON Collective or (B) intended by the Services and Software. You agree not to transmit, disclose, or make available Sensitive Personal Information to LHON Collective or LHON Collective’s third-party providers. “Sensitive Personal Information” means an individual’s financial information, data concerning an individual’s sexual behavior or sexual orientation, medical, or health information protected under any health data protection laws, biometric data, personal information of children protected under any child data protection laws (such as the personal information defined under the U.S. Children’s Online Privacy Protection Act (“COPPA”)) and any additional types of information included within this term or any similar term (such as “sensitive personal data” or “special categories of personal information”) as used in applicable data protection or privacy laws. If you are a Business, you also agree to ensure Business Users’ compliance with this section 2.2 (Sensitive Personal Information). 

2.3 Transfer of Personal Information

We process and store information in the U.S. and other countries. By using our Services and Software, you authorize LHON Collective to transfer your personal information across national borders and to other countries where LHON Collective and its partners operate.

3. Use of Services and Software

3.1 Sample Files

“Sample Files” means LHON Collective-provided audio, visual, video, or other content files for use in tutorials and demonstrations, which may be identified as sample files. Sample Files cannot be used for any purpose other than for which they were provided. You cannot distribute Sample Files in any way that allows a third party to use, download, extract, or access the Sample Files as a stand-alone file, and you cannot claim any rights in the Sample Files.

3.2 Content Files

You have the right to use the content or assets that we make available to you. “Content Files” means LHON Collective assets provided as part of the Services and Software. Unless documentation or specific licenses state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use. 

3.3 NFR Version

LHON Collective may also designate the Services and Software as “trial,” “evaluation,” “not for resale,” or other similar designations (“NFR Version”). You may install and use the NFR Version only for the period and purposes stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for any commercial purposes. 

3.4 Third-Party Services and Software

Section 3.4 means: Some of our services allow you to access third-party apps or services, like social media apps and plug-ins, but LHON Collective isn’t responsible for these tools. They are governed by the terms of the third-party providers.

LHON Collective may make third-party software and services (including plug-ins and extensions) available to you through the Services and Software as a convenience. Third-party software and services are not Services and Software as defined in the Terms, and your acquisition and use of such third-party software and services is solely between you and the third party. You are responsible for complying with all applicable third-party terms. 

4. User Conduct

Section 4 means: LHON Collective content and products should be used responsibly, not for things like generating illegal content or committing fraud.  You must use the Services and Software responsibly and not misuse the Services and Software. For example, you must not: 

4.1 use the Services and Software without, or in violation of, a written license or agreement with LHON Collective; 

4.2 copy, modify, host, stream, sublicense, or resell the Services and Software;

4.3 offer, use, or permit the use of or access to the Services and Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party;

4.4 construct a database or dataset using, including, or comprised of the LHON Collective Content Files for the purpose of reverse engineering;

4.5 access or attempt to access the Services and Software by any means other than the interface we provide or authorize;

4.6 circumvent any access or use restrictions put into place to prevent certain uses of the Services and Software; 

4.7 Share or generate Content or otherwise engage in behavior that violates anyone’s Intellectual Property Rights. “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights; 

4.8 Share or generate any Content or engage in behavior that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, invasive of another’s privacy, hateful, or otherwise objectionable;

4.9 Share or generate any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other LHON users, or the public; 

4.10 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including not disclosing an applicable sponsorship or endorsement relationship when you leave a review; 

4.11 attempt to disable, impair, or destroy the Services and Software;

4.12 upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services and Software; 

4.13 disrupt, interfere with, or inhibit any other user from using the Services and Software (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm); 

4.14 engage in chain letters, junk mail, pyramid schemes, phishing, spamming, or other unsolicited messages;

4.15 engage in fraudulent activities, such as payment and refund fraud; 

4.16 place an advertisement of any products or services in the Services except with our prior written approval;

4.17 use any data mining or similar data gathering and extraction methods in connection with the Services and Software, including data scraping for machine learning or other purposes; 

4.18 artificially manipulate or disrupt the Services and Software; 

4.19 manipulate or otherwise display the Services and Software by using framing or similar navigational technology;

or

4.20 violate applicable law.

5. Fees and Payment

5.1 Credit Card Information

You authorize us or our authorized vendor(s) to store your payment method and use it in connection with your donation to LHON Collective or in payment for services rendered. You authorize us or our authorized vendor(s) to continue billing and charging your account for amounts owed with the information that we obtain.

6. Your Warranty and Indemnification Obligations

6.1 Warranty

You must have: (A) all necessary licenses and permissions to use and Share your Content; and (B) the rights necessary to grant the licenses in the Terms.

6.2 Indemnification

You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim(s), demand(s), loss(es), or damage(s), including reasonable attorneys’ fees, arising out of, or related to:

(A) your use of the Services and Software (as applicable); 

(B) your interactions with any other users (including Third-Party Entitlement Holders); or 

(C) Your violation of the Terms (“Matter”). 

We have the right to control the defense of any Matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any Matter. 

7. DISCLAIMERS OF WARRANTIES

7.1 

Unless stated in the Product Specific Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, LHON Collective, its affiliates, and third-party providers (“Covered Parties”) disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Covered Parties make no commitments about the content within the Services. The Covered Parties further disclaim any warranty that (A) the Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the Services and Software will be effective, accurate, or reliable; (C) the quality of the Services and Software will meet your expectations; or (D) any errors or defects in the Services and Software will be corrected. 

7.2

The Covered Parties specifically disclaim all liability for any actions resulting from your use of any Services and Software. You may use and access the Services and Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service and Software.

8. LIMITATION OF LIABILITY

8.1 

Unless stated in the Product Specific Terms, in no event shall the Covered Parties be liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the Services and Software. Nothing in the Terms limits or excludes our liability for gross negligence, intentional misconduct of LHON Collective or its employees, death, or personal injury.

8.2

Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) U.S. $100; or (B) the aggregate amount that you paid for access to the Services and Software during the three-month period preceding the event giving rise to the liability. Our suppliers will have no liability in any matter arising out of or related to the Terms.

8.3

These limitations and exclusions in this section 8 (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) the Covered Parties knew or should have known about the possibility of damages. 

8.4

The Terms set forth the entire liability of the Covered Parties as well as your exclusive remedy with respect to access and use of the Services and Software.

9. Trade Sanctions and Export Control Compliance

The Services and Software, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that govern the import, export, and use of the Services and Software. By using the Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and Software by the laws of any jurisdiction. Additionally, you agree not to upload to or transmit over any Services or Software 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 LHON Collective.

9. Trade Sanctions and Export Control Compliance

The Services and Software, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that govern the import, export, and use of the Services and Software. By using the Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and Software by the laws of any jurisdiction. Additionally, you agree not to upload to or transmit over any Services or Software 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 LHON Collective.

10. Australian Consumer Law

Nothing in the Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into the Terms or provides statutory guarantees in connection with the Terms, in respect of goods or services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (A) in the case of supply of goods, our doing any one or more of the following: (1) replacing the goods or supplying equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the goods or of acquiring equivalent goods; and (4) paying the cost of having the goods repaired; or (B) in the case of supply of services, our doing either or both of the following: (1) supplying the services again; and (2) paying the cost of having the services supplied again.

11. Dispute Resolution, Class Action Waiver, Arbitration Agreement

LHON Collective Customer Care is available to address most concerns that you may have regarding LHON Collective’s Services and Software. Contact LHON Collective Customer Care at connect@lhon.org.

12.1 Notice of Claim and Required Information Dispute Resolution Process

Section 12.1 means: You agree to notify LHON Collective of any dispute and try to resolve it amicably. If that doesn’t work, the dispute will be decided either in small claims court or through arbitration. But let’s try the amicable route first

If you have any concern or dispute that LHON Collective Customer Care is unable to resolve (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us and providing a written Notice of Claim to the address provided in section 16.2 (Notice to LHON Collective). The Notice of Claim must provide LHON Collective with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 30 days of receipt, any resulting legal actions must be resolved through either small claims court or final and binding arbitration, including any dispute about whether arbitration is required for the dispute, subject to the exceptions set forth below. Neither party shall initiate legal action until 30 days after the Notice of Claim is received. This agreement to arbitrate shall apply, without limitation, to all claims that arose or were asserted before the effective date of the Terms. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. Claims related to the Terms, Services, or Software are permanently barred if not brought within one year of the event resulting in the Claim. 

12.2 No Class Actions

You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. 

12.3 Arbitration Rules

If you reside in the Americas, JAMS will administer the arbitration in Santa Clara County, California, USA, pursuant to its Streamlined Arbitration Rules and Procedures. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong, Macau, Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London, UK under the LCIA Arbitration Rules. There will be one arbitrator that you and LHON Collective mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’s native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, the Terms will govern. 

12.4 Arbitration Fees and Costs

Payment of all filing, administration, and arbitrator fees and costs of arbitration will be governed by the rules of the arbitration provider, except that to the extent that you bring a Claim as part of a Coordinated Action, we agree that the parties will equally share all of the fees and costs of arbitration (to the extent that allocation is not already required under applicable rules). For purposes of this section, a “Coordinated Action” is any action in which you are represented by a law firm or collection of law firms that has filed numerous coordinated individual arbitration demands of the same or similar nature against LHON Collective within a short time. Notwithstanding the above, if you are unable to afford fees or costs of arbitration, LHON Collective will pay them. If the arbitrator finds that either the substance of a Claim or the relief sought in arbitration was frivolous, or a Claim was brought for an improper purpose, the parties may seek to re-allocate the fees and costs of arbitration, according to the rules of the arbitration provider.

12.5 Exceptions to Arbitration – Small Claims and Injunctive Relief

Notwithstanding the foregoing, either party may elect to have any Claim that is subject to the jurisdiction of small claims court decided in small claims court in San Diego County, California, USA, or the county of your residence. If either party files a Claim in arbitration that could have been brought in small claims court, the other party may provide notice that it wants the case decided in small claims court before the appointment of an arbitrator, and the arbitrator shall administratively close the case before assessing any fees, and the party bringing the Claim must proceed in small claims court in lieu of arbitration. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. Additionally, either party shall be entitled to apply for preliminary injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, such as in the event of your or others’ unauthorized access to or use of the Services or Software in violation of the Terms. If a party has a dispute in which they seek to obtain both preliminary injunctive relief and other forms of relief, the party may go to court to seek preliminary injunctive relief but must arbitrate its claims or seek relief in small claims court for all other forms of relief. 

12.6 Acceptance of Arbitration and Right to Opt Out

Within the first thirty (30) days of your use of the Services and Software or the date of the last update to section 14 (Dispute Resolution, Class Action Waiver, Arbitration Agreement) of the Terms, whichever is later, you have the right to opt out of the arbitration and class action waiver provisions of section 12 (Dispute Resolution, Class Action Waiver, Arbitration Agreement) by sending us written notice of your decision at the address set forth in section 16.2 (Notice to LHON Collective) or via email at connect@lhon.org. If you opt out of these provisions, LHON Collective will also not be bound by them. 

13. Audit Rights

Section 13 means: LHON Collective has the right to verify that businesses’ use of our services is in compliance with our terms. This doesn’t apply to individuals using their personal (non-business) account or profile.

If you are a Business, then we may, no more than once every twelve (12) months, upon at least seven (7) days’ prior notice to you, appoint our personnel or an independent third-party auditor who is obliged to maintain confidentiality, to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of Services or Software comply with our Terms. Additionally, you will provide us with all records and information requested by us within thirty (30) days of our request in order for us to verify that the installation and use of any and all Services and Software is in conformity with your valid licenses. If the verification discloses a shortfall in conformity with the licenses for the Services and Software, you will immediately acquire any necessary licenses, subscriptions, and applicable back maintenance and support or other applicable action in order to remedy any such non-conformity(ies).

14. Updates to Services and Software and Availability

14.1 Updates to the Services and Software

We may modify, update, or discontinue the Services and Software, which modifications, updates or discontinuations may, for clarity, be detrimental or result in a diminishment of value to you, at any time, without liability to you or anyone else. For changes to paid offerings that, in LHON Collective’s reasonable discretion, are detrimental or result in a material diminishment of value to you, we will make reasonable commercial efforts to notify you of such modification, update, or discontinuation. If we discontinue the Services or Software in its entirety, we will use reasonable commercial efforts to allow you to transition your Content, and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid.

14.2 Availability

Our webpages may be accessible worldwide, but this does not mean all Services and Software are available in your country or that user-generated content available via the Services and Software is legal or available in your country. Access to certain Services (or certain Service features) or Software may be blocked in certain countries. It is your responsibility to make sure your use of the Services and Software is legal or available where you use them. Services and Software are not available in all languages.

15. No Modifications, Reverse Engineering, Artificial Intelligence/Machine Learning (AI/ML)

We invest in our technology and services and don’t allow you to recreate or attempt to recreate our products.

Certain elements of the Services and Software constitute our (or our licensors’) confidential information. Except as expressly permitted in the Terms, you must not (and must not allow third parties to): (A) modify, port, adapt, or translate any portion of the Services or Software; (B) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software; or (C) use the Services or Software, or any content, data, output, or other information received or derived from the Services or Software, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence system, including but not limited to any architectures, models, or weights. If the laws of your jurisdiction give you the right to decompile the Services or Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our licensors’ and suppliers’ proprietary rights in the Services and Software are protected.

16. Miscellaneous

We invest in our technology and services and don’t allow you to recreate or attempt to recreate our products.

16.1 English Version

The English version of the Terms will be the version used when interpreting or construing the Terms.

16.2 Notice to LHON Collective

You may send notices to us at the following address: LHON Collective, PO Box 3680, San Diego, California, 92163, USA.

16.3 Notice to You

We may notify you by your email or postal mail associated with information you have provided us or other legally accepted means. It is your responsibility to keep your contact information current to receive notifications. 

16.4 Non-Assignment

You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under the Terms to a third party without your consent.

16.5 Government Terms

If you are a U.S. government entity, or if the Terms are or become subject to the Federal Acquisition Regulations (FAR), then the Services and Software, provided under the Terms are “Commercial Product(s) or Commercial Service(s)”, as those terms are defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” and services related thereto, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Federal Government End Users (A) only as Commercial Products and Services; and (B) with only those rights as are granted to all other end users pursuant to the Terms. Unpublished rights are reserved under the laws of the United States.

16.6 Headings

Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.

16.7 Severability

If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.

16.8 No Waiver

Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.

16.9 Force Majeure

Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to LHON Collective) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost. 

17. DMCA

We respect the Intellectual Property Rights of others, and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). 

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