The following terms (“IQX/AI Program Terms”) supplement the Master Subscription Agreement and Terms of Service (each, respectively and as applicable, the “Agreement”) between you and Xerataus IQX, L.AgH LLC (“A1MX, Leighton Avant-Garde Haus, Leighton Dynamica, Leighton IQX, Xerataus IQX) and apply to and govern your participation in the A1MX, Leighton IQX, and Xerataus IQX early access program that provides AI-enabled features and functionality to program participants (“IQX/AI Program”). All defined terms in these IQX/AI Program Terms shall have the same meaning as in the Agreement. The applicable Agreement (including our Privacy Policy) is incorporated by reference and will control for any provisions not addressed in these IQX/AI Program Terms.
Xerataus IQX may suspend or terminate your access to or use of any Xerataus IQX programs at any time. The Xerataus IQX Program(s) Terms will automatically terminate upon the release of a generally available version of any Xerataus IQX program(s) or upon notice of termination by Xerataus IQX. You acknowledge IQX or A1MX is under no obligation to make Xerataus IQX generally available and may never do so. Further, upon Xerataus IQX becoming generally available, you acknowledge that continued access and use of any Xerataus IQX feature may be subject to your agreement to pay additional fees. We reserve the right to modify or terminate the IQX/AI Program, the IQX/AI Program Terms, or your use of Xerataus IQX, to limit or deny access to Xerataus IQX or A1MX and/or participation in the Xerataus IQX Program(s), at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of Xerataus AI and/or your participation in the Xerataus IQX Program(s) at any time by disabling any Xerataus IQX or A1MX feature.
You may provide input to be processed by Xerataus A1MX or IQX (“Input”), and receive output generated and returned by the Xerataus A1MX or IQX based on the Input (“Output”). Input and Output are your Content or Customer Data, as applicable. You will ensure that your Input and use of the Xerataus IQX will not violate any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of your Content and Customer Data.
You agree that, as between you and us, we own all legal rights, title and interest in and to the Xerataus IQX/AI Programs, such as A1MX, or any and Parent Company, Leighton Avant-Garde Haus’ Properties, which includes all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of present or future Xerataus IQX is granted. Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with Xerataus IQX and/or any other aspect of Xerataus IQX technology, except as permitted by us.
You may not use A1MX (i) to develop foundation models or other large scale models that compete with Xerataus IQX; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam, content for dissemination in electoral campaigns, use the Services in a manner that violates any applicable laws or technical documentation, usage guidelines, or parameters; or (iv) process sensitive personal data as that term is understood under applicable data protection law. You acknowledge that due to the nature of machine learning and the technology powering Xerataus AI, Output may not be unique and the Services may generate the same or similar output to Xerataus IQX or a third party. Xerataus IQX uses technology provided by our Parent Company (Leighton Avant-Garde Haus, LLC) to provide Xerataus IQX. You may not use Xerataus IQX in a manner that violates any Leighton Avant-Garde Haus Policy, including any other Legal Agreements
Artificial intelligence and machine learning models can improve over time to better address specific use cases. We do not and will not permit third parties to use your Content or Customer Data to improve or train their AI models. We do not and will not use your Content or Customer Data to improve or train our models unless you give us express permission to do so. #Additional Processing Instruction To the extent your Input contains Customer Personal Data (as that term is defined in the Data Process Addendum), you instruct Notion to process the Customer Personal Data for the additional Business Purpose of providing the A1MX functionality and Output. You acknowledge that for the purposes of your participation in the A1MX, Leighton IQX Program(s) and your use of Xerataus IQX, Xerataus uses additional subprocessor(s) to provide the Xerataus IQX functionality.
IN NO EVENT SHALL XERATAUS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE AI PROGRAM TERMS OR YOUR PARTICIPATION IN THE XERATAUS AI PROGRAM WHETHER DIRECT OR INDIRECT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT XERATAUS OR LEIGHTON AVANT-GARDE HAUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LEIGHTON AVANT-GARDE HAUS’ MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IQX TECHNOLOGY IS TO BE KNOWN AND COMPARED TO AS AI, XERATAUS IQX, (A1MX) AND ALL OUTPUT ARE PROVIDED BY XERATAUS IQX AND LEIGHTON AVANT-GARDE HAUS TECHNOLOGIES ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF ANY IQX/AI PROGRAM OR XERATAUS IQX, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTION EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTION MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, NOR DOES AIM’ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE XERATAUS AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH XERATAUS IQX. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY OF XERATAUS IQX IS DONE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT XERATAUS IQX AND LEIGHTON AVANT-GARDE HAUS IS NOT IN SCOPE FOR SOC 2 TYPE II AND OTHER INDEPENDENT SECURITY AUDITS AND SECURITY CERTIFICATIONS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XERATAUS IQX OR THROUGH XERATAUS IQX SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
What is a Subprocessor? In order to provide our Services, Notion engages the Subprocessors listed in the tables below. A Subprocessor is a third-party engaged by Xerataus, and its applicable Affiliates, to process Customer Personal Data.
List of Third-Party Subprocessors Below is the list of Subprocessors and how we use their services. Infrastructure We use these Subprocessors for hosting and running our Services. These are third parties that store and process your data within our Service. Subprocessor Purpose of Processing Location https://xerataus.github.io Hosting and storage systems provider USA Platform We use these Subprocessors to help us manage and provide the Service. Subprocessor Purpose of Processing Location https://www.confluent.io/ Kafka managed streaming storage platform used for in-product audit log data and analytics USA https://www.cloudflare.com/ Content distribution, security, abuse prevention and DNS services Global https://sentry.io/welcome/ Application logging USA https://www.loggly.com/ Application logging USA https://newrelic.com/ Security and application logging USA Customer and Support Services We use these Subprocessors to offer direct support services to you and your team. They are primarily used for communications between Customers and our support teams. Subprocessor Purpose of Processing Location https://www.drift.com/platform/ Support services USA https://www.zendesk.com/ Support services USA https://www.jivesoftware.com/ Business Operations We use these Subprocessors to manage our business and continue providing you services. From internal documentation to analytics these services are used behind the curtain to help us plan and run the business smoothly. Subprocessor Purpose of Processing Location https://www.egnyte.com/ Event logging for analytics USA https://segment.com/ Event logging for analytics USA https://www.snowflake.com/ Data warehouse for analytics USA https://www.fivetran.com/ Data pipeline for connecting systems to our data warehouse USA Notion Entities Other Notion Entities involved in offering the Services. Subprocessor Purpose of Processing Location Leighton IQX, L.AgH LLC Support services USA Leighton Avant-Garde Haus. Support services USA Leighton Avant-Garde Haus. Support services USA Xerataus IQX, L.AgH The following Subprocessor(s) will only be used if you enable Xerataus AI in your workspace. A1MX is currently only offered as an Alpha-Beta Service and is not generally available to all customers. Subprocessor Purpose of Processing Location https://leightonavantgardehaus.github.io Service provider for AI-enabled functionality USA AIS AIStorm use the following Subprocessor(s). AIStorm currently is offered as Beta Services and are not generally available to all customers. Subprocessor Purpose of Processing Location https://www.heroku.com/ Hosting provider USA https://www.egnyte.com/ Content distribution, security, abuse prevention and DNS services Global https://amplitude.com/ Event logging for analytics USA https://www.egnyte.com/ Event logging for analytics USA https://sentry.io/welcome/ Error tracking USA https://www.egnyte.com/ Data warehouse for analytics USA https://www.fivetran.com/ Customer support communications USA https://www.tensorflow.org/ Infrastructure, processing, data, (other) USA https://pytorch.org/ Infrastructure, processing, data, (other) USA https://developer.nvidia.com/cuda-zone Infrastructure, processing, data, (other) USA Last updated: February 21, 2023
Copyright(©, IP) 2024 Leighton Avant-Garde Haus LLC. All Rights Reserved.
Copyright(©, IP) 2024 Xerataus IQX, L.AgH LLC. All Rights Reserved
Copyright (c, ©, IP) LEIGHTON AVANT-GARDE HAUS LLC. All Rights Reserved
Copyright (c, ©, IP) XERATAUS IQX, L.AgH LLC. All Rights Reserved
This Policy applies to the Ownership and Employees of LEIGHTON AVANT-GARDE HAUS, L.AgH LLC AND XERATAUS, L.AgH. Leighton Avant-Garde Haus, a North Carolina Private Limited Liability Company and all of its subsidiaries (Subsidiaries are to be assumed involved in the Company name “Leighton Avant-Garde Haus, The Leighton Haus, Xerataus, Leighton AgH, or L.AgH”) respects the intellectual property rights of others and expects its users to do the same. Compliance with the terms of this Policy is a condition of employment for Leighton Avant-Garde Haus employees, and of private members under Non-Disclosure Agreement Policy for Leighton Avant-Garde Haus investors. This Policy is supplemental to the Copyright Use and Ownership Policy of Leighton Avant-Garde Haus, and is subject to any applicable laws and regulations or to specific provisions in grants or contracts that govern rights in copyrighted works created in connection with sponsored research. All files and information contained in this Website are copyright by Leighton Avant-Garde Haus LLC , and may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website or Any Other Leighton Avant-Garde Haus IP (Internet Properties) may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, including our IP (Internet Properties) Portfolio and Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Leighton Avant-Garde Haus LLC. Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
It is policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Leighton Avant-Garde Haus, L.AgH, will respond expeditiously to claims of copyright infringement committed using the FYVE website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to L.AgH’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Leighton Avant-Garde Haus’ Designated Copyright Agent. Upon receipt of the Notice as described below, Leighton Avant-Garde Haus will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
(a) I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
(b) Provide your full legal name and your electronic or physical signature.
Attn: Copyright Agent
c/o Leighton Avant-Garde Haus, LLC
Email: legal@theleightonhaus.com
Leighton Dynamica. Xerataus IQX Terms of Use These terms of use (“Terms”) govern your access to and use of all Leighton Dynamica, collectivelly all Leighton Avant-Garde Haus Properties–branded publicly available websites, including sites located on theleightonhaus.com and xerataus.one or any other pages that link to these Terms (collectively, the “Sites”).
PLEASE READ CAREFULLY THESE TERMS AND THE Leighton Avant-Garde Haus PRIVACY POLICY(“PRIVACY POLICY”) WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS. BY ACCESSING OR USING ANY OF THE SITES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND YOU AGREE TO BE LEGALLY BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
Throughout the Terms, “we,” “us,” “our” and “ours” refer to ALL Properties of Leighton Avant-Garde Haus which has been referenced above, and “you,” “your” or “yours” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms) and, if you access the Sites on behalf of a legal entity, to that entity. If you are using the Sites on behalf of any entity you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and, by accepting these Terms, you are hereby binding such entity to the Terms.
Leighton Avant-Garde Haus provides the Sites to you conditioned upon your accepting all of the Terms, without modification. Your use of the Sites constitutes your agreement with such Terms. We reserve the right to change, modify, add to, or remove portions of these Terms in our sole discretion at any time and we will, at our sole discretion, either post the modification on https://leightonavantgardehaus.github.io or provide you with email notice of the modification. You should check these Terms periodically for changes and you can determine when these Terms were last revised by referring to the “Last Updated” reference at the top of these Terms. Any modification shall be effective immediately upon the uploading of modified Terms. You indicate your agreement to comply with, and be bound by, any such modification by continuing to use or access the Sites after modified Terms are posted. If the modified Terms are not acceptable to you, your sole recourse is to discontinue your use of the Sites.
If you have registered for and opened an account through the Sites (an “Account”), you are entirely responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activity that occurs under your Account. You agree to notify Leighton Avant-Garde Haus immediately of any unauthorized use of your Account or password, or any other breach of security. However, you will remain responsible for losses incurred by Leighton Avant-Garde Haus or by any other party due to your knowingly or inadvertently permitting unauthorized use of your Account or your Account information. You may not use anyone else’s ID, password or account at any time unless we expressly pre-approve such use, or unless expressly permitted under a Services Agreement. Leighton Avant-Garde Haus cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Registration for any account is void where the user lacks the requisite eligibility for registration or if such registration is otherwise prohibited.
Software (“Software”) may be made available to you through the Sites. Your rights to access and use any Software will be subject to your agreement to any terms and conditions of any applicable third party software license agreement (“Software License”) identified in the Software or on the web page providing access to the Software. You may not use any Software unless you agree to be bound by all terms and conditions of any applicable Software License. If there is a conflict between any agreement with Leighton Avant-Garde Haus and any Software License, the conflicting term of the Software License shall control but only to the extent necessary to eliminate the conflict.
Provided that you fully comply at all times with these Terms and any other policies or restrictions posted on or transmitted through the Sites, Leighton Avant-Garde Haus grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Sites. Except as otherwise specifically noted in these Terms or on the Sites, the Software, Submissions (as later defined), and all other information, content, user interfaces, graphics, registered or unregistered trademarks, logos, images, artwork, videos, and documents, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such materials, made available through the Sites (collectively, the “Content”), regardless of its source or creation, is owned, controlled or licensed by or to Noble.AI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and Leighton Avant-Garde Haus reserves and retains all rights in and to such Content. Any reproduction, redistribution or other use or exploitation of Software in violation of any applicable Software License or in violation of any license granted under these Terms or, if applicable, under a Services Agreement, is expressly prohibited by law, and may result in civil and criminal penalties.
Any third party trademarks, service marks, logos, trade names or other proprietary designations, that are or may become present within the Sites, including within any Content, are the registered or unregistered trademarks of the respective parties.
Except solely as necessary for you to access the Sites for the intended purpose pursuant to these Terms, you may not copy, collect, modify, create derivative works or uses of, translate, distribute, transmit, publish, re-publish, perform, display, post, download, upload, sublicense, transfer, dispose of, resell or sell the Content or any other part of the Services. Except as expressly set forth in these Terms, these Terms do not grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppel or otherwise.
At our sole discretion, you may be permitted to provide Submissions (as defined in the next sentence) to the Sites (e.g., through our forums). “Submissions” are defined to include: any messages, emails, text, graphics, code, questions, suggestions, comments, feedback, ideas, plans, notes, drawings, sample data, sound, images, video, original or creative materials, and other items or materials that you may provide to discussion forums, blogs, or other interactive features or areas of the Services where you or other users can create, post, transmit or store Content. Unless otherwise specifically agreed to by you and Leighton Avant-Garde Haus, by uploading, e-mailing, posting, publishing or otherwise transmitting any Submission, you hereby acknowledge that such Submission is non-confidential and you automatically grant (or warrant that the owner of such rights has expressly granted) to Leighton Avant-Garde Haus a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, fully paid-up and royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish, transmit and otherwise exploit such Submission, by means of any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you warrant that all so-called moral rights in such Submission have been waived.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in the prior paragraph, and that such Submission, and your provision thereof to and through the Sites, does not violate any privacy, publicity, contractual, intellectual property, or other right or rights of any person or entity or otherwise violate any applicable laws, rules or regulations. You acknowledge that Leighton Avant-Garde Haus may have ideas or materials already under consideration or development that are or may be similar to your Submissions and that you are not entitled to any form of compensation or reimbursement from Leighton Avant-Garde Haus in connection with your Submissions. You agree to be fully responsible for, and to pay any and all royalties, fees, damages, and any other monies owing any person or entity by reason of, any Submission you provide to the Sites. We reserve the right to terminate access to all or any part of the Sites for anyone we suspect to be an infringer of our or any third party’s intellectual property rights of any kind whatsoever.
• Anything that is or may be (a) threatening, harassing, degrading, abusive or hateful; (b) an incitement to violence, terrorism or other wrongdoing; (c) defamatory or libelous; (d) invasive of privacy rights; (e) fraudulent, deceptive, impersonating of any person or entity, or misrepresentative of your affiliation with any person or entity; (f) obscene, pornographic, indecent, grotesque or otherwise objectionable; or (g) protected by copyright, trademark, confidentiality obligations, or other proprietary or privacy right without the express prior written consent of the owner of such right.
• Any material, the posting or usage of which would give rise to criminal or civil liability, or cause violation of any rules or regulations, or that encourages conduct that constitutes a criminal offense.
• Any virus, worm, Trojan horse or other computer code, file, data or program that is harmful, disruptive, corrupted, or invasive, or may be or is intended to damage or hijack the operation of any hardware or software.
• Any information identifiable to a particular individual, including but not limited to addresses, phone numbers, email addresses, birthdates, Social Security numbers and other government-issued identification numbers, payment card and other financial account numbers or login credentials, and health information.
• Any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letter, pyramid scheme, political campaign message, offering of an investment opportunity, or any other form of solicitation.
• Any material with respect to which you do not have all rights, power and authority necessary for its collection, use and processing, or where your use and provision to the Sites would breach any agreement between you and any third party.
By accepting these Terms, you agree to our collection, use, and disclosure of your information as described in the Privacy Policy. No one under age 18 may register for an Account or provide any personal information to Leighton Avant-Garde Haus or to the Sites. If we learn that we have collected personal information from or about anyone under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at legal@theleightonhaus.com with the subject “Child Data“.
Leighton Avant-Garde reserves the right to disclose any Submissions, and the circumstances surrounding their transmission, to any third party to operate the Sites, to protect Leighton Avant-Garde Haus or its suppliers or representatives, to protect users of the Sites, to comply with legal or regulatory obligations, to enforce these Terms, or for any other reason. Leighton Avant-Garde Haus is not responsible or liable for the conduct of, or your interactions with, any other users of the Sites (whether online or offline), or for any associated loss, damage, injury or harm. By using the Site, you may be exposed to Submissions that are offensive, indecent or objectionable and you agree that Leighton Avant-Garde Haus bears no liability for such exposure.
While using the Sites you will comply with all applicable laws, rules and regulations. In addition, Leighton Avant-Garde Haus expects users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Sites pursuant to Section 9 (Suspension or Termination of Access to Our Sites). In using the Sites, you agree that you will not, and will not allow or authorize any third party to:
• Use the Sites or any Content for any purpose that is illegal, fraudulent, deceptive or unauthorized by these Terms, or would give rise to civil liability, or to solicit the performance of any illegal activity or other activity which infringes the rights of Noble.AI or others, or to encourage or promote any such activity.
• Engage in or promote any conduct that is offensive, harassing, predatory, stalking, violent, threatening, discriminatory, racist, hateful, or otherwise harmful, against any individual or group.
• Harvest or collect information about any third parties, including their email addresses or other personally identifiable information.
• Send, by email or other means, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letter, pyramid scheme, political campaign message, offering of an investment opportunity, or any other form of solicitation, or conceal or forge headers of emails or other messages, or otherwise misrepresent the identity of senders, for the purpose of sending spam or other unsolicited messages.
• Impersonate or post on behalf of, or express or imply the endorsement of, any individual or entity, including Leighton Avant-Garde Haus or any of its representatives, or otherwise misrepresent your affiliation with a person or entity.
• Use the Sites in any manner, whether deliberate or otherwise, including without limitation a denial of service attack, that could in any way (a) interfere with, damage, disable, overburden or impair the functioning of the Sites, or Leighton Avant-Garde Haus’ systems or networks, or any systems or networks connected to the Sites, or (b) violate any requirements, procedures, policies or regulations of such systems or networks.
• Operate non-permissioned network services, including open proxies, mail relays or recursive domain name servers, or use any means to bypass user limitations relating to the Sites.
• Use any robot, spider, crawler, scraper, deep-link, page-scrape, site search/retrieval application or other manual or automated device, program, algorithm or methodology or interface not provided by us to access, acquire, copy, retrieve, index, scrape, data mine, in any way reproduce or circumvent the navigational structure or presentation of the Sites or monitor any portion of the Sites or to extract data, or to sell, resell, frame, mirror or otherwise exploit for any commercial purpose, any portion of, use of, or access to the Sites (including any Content, Software and other materials available through the Sites), or attempt to circumvent any content filtering techniques we may employ.
• Remove any copyright, trademark or other proprietary rights notice from the Sites or from Content or other materials contained on or originating from the Sites.
• Create a database of any type by systematically downloading and storing any Content unless expressly permitted by Leighton Avant-Garde Haus to do so.
• Attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Leighton Avant-Garde’ servers, or to any of the services offered on or through the Sites, by hacking, password mining or any other illegitimate means.
• Use or attempt to use any account you are not authorized to use. Probe, scan, monitor or test the vulnerability of the Sites or any networks connected to the Sites, or breach the security or authentication measures on the Sites or any networks connected to the Sites.
• Modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Sites (including any Content or other materials available through the Sites), or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, Content or code within the Sites except as, and solely to the extent, expressly authorized under applicable law overriding any of these restrictions.
• Develop any third-party applications that interact with the Sites or Content without our prior written consent.
• Use or apply the Sites in any manner directly or indirectly competitive with any business of Leighton Avant-Garde Haus.
We may from time-to-time at our discretion host or provide links to services, products, web pages, websites or other content of third parties (“Third-Party Content”). The inclusion of any link to, or the hosting of, any Third Party Content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of the Third-Party Content. We make no claims or representations regarding, and accept no responsibility or liability for, Third-Party Content including without limitation its quality, accuracy, nature, ownership or reliability. Your use of Third-Party Content is at your own risk. When you leave the Sites to access Third Party Content via a link, you should be aware that our policies, including the Privacy Policy, no longer govern. You should review the applicable terms and policies, including privacy and data gathering policies, of any website to which you navigate from the Sites.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES, INCLUDING ANY CONTENT, IS AT YOUR SOLE RISK. ALL OF THE SITES AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LEIGHTON AVANT-GARDE HAUS MAKES NO RELATED REPRESENTATIONS, AND DISCLAIMS ALL POSSIBLE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES OR CONTENT ARE ACCURATE, CONTINUOUSLY AVAILABLE, COMPLETE, RELIABLE, SECURE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEIGHTON AVANT-GARDE HAUS CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER IQX TECHNOLOGIES IS AWARE OF SUCH DEFECTS, ERRORS OR OMISSIONS.
TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH IN THIS SECTION 6, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS SECTION 6 SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS OR YOUR USE OF THE SITES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITES AND CONTENT REMAINS WITH YOU. IN NO EVENT WILL LEIGHTON DYNAMICA INCLUDING PORTFOLIO HOLDINGS OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITES, AND ANY CONTENT, SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE) AND EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITES, INCLUDING ANY CONTENT, OR FROM THE USE OF OR EXPOSURE TO ANY SUBMISSIONS, EXCEED ONE HUNDRED DOLLARS ($100.00). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING UNDER FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. ADDITIONALLY, TO THE EXTENT APPLICABLE STATE OR OTHER LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH IN THIS SECTION 7, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE Leighton Avant-Garde Haus’ LIABILITY TO YOU WILL BE LIMITED BY THIS SECTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SITES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Leighton Avant-Garde Haus, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, from and against any and all actual or threatened third party claims (groundless or otherwise), demands, losses, damages, costs and liability, proceedings (at law or in equity) and expenses (including reasonable attorneys’ and expert fees and costs of investigation) arising out of or in connection with (a) your use of the Sites, including without limitation any of your Submissions, (b) your breach of these Terms, including your breach of any covenant, representation, warranty, term, or condition set forth herein, including, without limitation, the obligations set forth in Section 3 (Information Submitted Through Our Sites) and Section 4 (Required Conduct While Using Our Sites), (c) your violation of any law or regulation or of any third party rights, including infringement, libel, misappropriation, or other violation of any third party’s intellectual property or other legal rights or (d) the disclosure, solicitation or use of any personal information by you, whether with or without your knowledge or consent. Leighton Avant-Garde Haus reserves the right, however, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Leighton Avant-Garde Haus’ defense of such claim, and in no event may you agree to any settlement affecting Leighton Avant-Garde Haus without Leighton Avant-Garde Haus’ prior written consent.
Notwithstanding any provision to the contrary in these Terms, you agree that Leighton Avant-Garde Haus may, in its sole discretion and with or without prior notice, for any or no reason, suspend or terminate your access to any or all of the Sites and/or block your future access to any or all of the Sites, including without limitation for any of the following reasons: (a) if we determine that you have violated any provision, or the spirit, of these Terms, (b) in response to a request by a law enforcement or other government agency, (c) due to discontinuance or material modification of any of the Sites, or (d) due to unexpected technical issues or problems. Leighton Avant-Garde Haus shall not be liable to you or any third party for any termination of your access to any part of the Sites. The rights and obligations of these Terms which by their nature should survive, shall so survive any termination of your use of the Sites.
Questions or comments about the Terms or about the Sites may be directed to Leighton Avant-Garde Haus at the email address mgmt@theleightonhaus.com. You may also email us at that address if you would like to report what you believe to be a violation of these Terms. However, please note that we do not accept any responsibility to maintain the confidentiality of any report of a violation you may submit to us, including your identity, nor do we commit to providing a personal reply to any report you submit, nor are we obligated to take action in response to your report.
Leighton Avant-Garde Haus respects the intellectual property rights of others and we request that the people who use the Sites do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send Leighton Avant-Garde Haus a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send a counter-notice to Leighton Avant-Garde Haus under applicable provisions of the DMCA. Please note that substantial penalties under U.S. copyright law may be levied against any filer of a false counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See 17 U.S.C. § 512(c)(3), available at http://www.copyright.gov/title17/92chap5.html for details. Notices and counter-notices should be sent to:
Attn: Legal Department/DMCA Copyright Agent
Leighton Avant-Garde Haus, L.AgH, LLC including Portfolio Holdings, and Registered Subsidiary Majority Holdings
401 North Tryon Street Charlotte, NC 28202
mgmt@theleightonhaus.com
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We encourage you to consult your legal advisor before filing a notice or counter-notice.
In accordance with the DMCA and other applicable law, Leighton Avant-Garde Haus may at our discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Terms and the relationship between each user and Leighton Avant-Garde Haus shall be governed by the laws of the State of North Carolina ~ laws of the forigen Federal Islamic parliamentary elective semi-constitutional monarchy Abu Dhabi, United Arab Emirates ~ the State of Florida to the fullest extent, without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located in ; Charlotte, North Carolina ~ Abu Dhabi, United Arab Emirates ~ and or Miami-Dade, Florida]. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except to the extent a Services Agreement applies, these Terms, along with the Privacy Policy, constitute the entire agreement between you and Leighton Avant-Garde Haus with respect to your use of the Sites and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Leighton Avant-Garde Haus with respect to the Sites. 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. A party may only waive its rights under these Terms by a written document executed by both parties. Leighton Avant-Garde Haus’ failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Leighton Avant-Garde Haus of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Leighton Avant-Garde Haus and you or any other party be deemed to modify any provision of these Terms. The headings of the sections of these Terms are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections.
None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate any of our rights or duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party. Our relationship is an independent contractor relationship, and neither these Terms nor any actions by either party may be interpreted as creating an agency or partnership relationship. Nothing in these Terms shall be construed to obligate Leighton Avant-Garde Haus to enter into or engage with you on any commercial transaction.
If you are provided access to any Software, you acknowledge that such Software may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products or information about products to certain countries and certain persons. You represent and warrant that you will not export or re-export such Software in violation of these regulations.
You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to Leighton Avant-Garde Haus for which we may not have an adequate remedy in money damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. The availability or exercise of our right to obtain injunctive relief will not limit our right to seek or obtain any other remedy.
You agree that we will not be liable for delays, failures, or inadequate performance of the Sites resulting from conditions outside of our reasonable control, including but not limited to natural disasters or other acts of God, failure of telecommunications networks or any other network or utility, threatened or actual acts of terrorism or war, riots, labor strikes, or governmental acts or orders.
Privacy Policy for Leighton Avant-Garde Haus, L.AgH, LLC and Subsidiaries
The Leighton Haus properties, Leighton Avant-Garde Haus and Xerataus IQX, Official GitHub links for Leighton Avant-Garde Haus and Xerataus IQX, Official Tristan Leighton contact site(s). This Privacy Policy document contains types of information that is collected and recorded by ‘theleightonhaus (Leighton Avant-Garde Haus)’ properties and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in IQX. This policy is not applicable to any information collected offline or via channels other than this website, Xerataus IQX USER DATA, Consent
By using our websites, you hereby consent to our Privacy Policy and agree to its terms. Information we collect The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number. How we use your information
We use the information we collect in various ways, including to: Provide, operate, and maintain our website Improve, personalize, and expand our website Understand and analyze how you use our website Develop new products, services, features, and functionality Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
Send you emails
Find and prevent fraud Log Files
theleightonhaus follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Cookies and Web Beacons
Like any other website, theleightonhaus uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Advertising Partners Privacy Policies
You may consult this list to find the Privacy Policy for each of the advertising partners of theleightonhaus. Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on theleightonhaus, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.
Note that theleightonhaus has no access to or control over these cookies that are used by third-party advertisers. Third Party Privacy Policies
‘theleightonhaus’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.
CCPA Privacy Rights (Do Not Sell My Personal Information) Under the CCPA, among other rights, California consumers have the right to: Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us. GDPR Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following: The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service. The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete. The right to erasure – You have the right to request that we erase your personal data, under certain conditions. The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions. The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions. The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
theleightonhaus does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.