Subatomic Show Control

Dated: August 15, 2024

This is a binding contract between you and Subatomic Show Control, LLC, a Pennsylvania company, with our affiliates and subsidiaries (collectively, “Company,” “we,” “our”, or “us”) and describes the rules and restrictions that apply to our website(s) (including by not limited to https://www.subatomicshowcontrol.com (collectively, the “Website”)), applications, apps, any advertisements and information posted by us on social media, and all products and services made and/or sold by the Company through the Website (collectively with Website, the "Services"). Please read these Terms of Use carefully (collectively with any other policies posted on our Website “Terms”). These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by litigation in court.

By using the Services, you agree to be bound these Terms, along with our Privacy Notice, as amended (collectively included in "Terms"). If you do not accept the Terms, then you do not have a right to use the Services.

1. Changes. We may introduce new features, change or limit features (including by automatic update), update or remove Content, or restrict access to parts or all of the Services, without notice to you. We reserve the right to change the Terms by displaying the updated Terms on our Website or within the Services. By using the Services after a change to the Terms, you agree to all of the changes. This agreement, and any disclosures we make to you through the Services or via your registered email or other communications, is considered to be in writing for legal purposes.

2. Privacy. Our current Privacy Notice describes our collection and use of data. If you have questions about privacy, please review the Privacy Notice and contact us as outlined in that Privacy Notice.

3. Using the Services. You represent and warrant that you are of legal age to form a binding contract (at least 18-years of age) or else that you are entering this contract with parental consent. You will use the Services only for your own personal, non-commercial use, in a manner that complies with all laws that apply to you. If applicable law prohibits your use of the Services, then you are not authorized to use the Services. We are not responsible for your using the Services in a way that breaks the law.

4. Restrictions. You may not use or interact with the Services to: (a) infringe or violate the intellectual property or other rights of anyone else (including the Company); (b) violate any law or regulation, including as to export control; (c) harm, defraud, harass, threaten, or deceive others, or make contributions that are obscene or otherwise objectionable; (d) jeopardize or violate the security of the Company on-line store, the Website, the Services, or anyone else; (e) attempt to obtain the password, account, or other security information from any other user; (f) run any form of auto-responder or "spam" on the Services, or any processes that otherwise interferes with the proper working of the Services; (g) scrape or spider any page, data, or portion of the Services or Content (manually or by automated means); (h) copy or store any significant portion of the Content; or (i) decompile, reverse engineer, tamper with, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services or use the Services to develop competing products. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services or Content.

5. Copyright, Trademark & Digital Millennium Copyright Act. Any and all materials displayed, advertised, described, sold, performed, or available on or through the Services, including but not limited to goods, text, graphics, data, software, photos, images, illustrations, products, services, logos, trademarks (collectively, the "Content"), and aspects of the Services themselves, are protected by copyright, patent, trademark and/or other intellectual property laws in the United States and in other countries. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No part of the Services or Content may be copied, reproduced, or translated in any form or medium without the prior written consent of the Company. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You understand that the Company exclusively owns the Content and the Services and intellectual property in them, unless otherwise noted on the Services. You will not use, copy, reproduce, translate, broadcast, distribute, perform, upload, display, license, sell modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services or Content (i) without the prior consent of the owner of that Content (which may be the Company or our licensors) or (ii) in a way that violates someone else's (including the Company’s) rights.

We reserve the right to delete or disable Content alleged to be infringing.

You agree that all of our registered and common law trademarks, trade names, service marks, other logos and brand features, and product and service names are trademarks and the property of our on-line shop (the "Mark" or “Marks”). Without our prior permission, you agree not to display or use in any manner our Marks.

6. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. We respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our Agent for notice:

· an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

· a description of the copyrighted work or other intellectual property that you claim has been infringed;

· a description of where the material that you claim is infringing is located on the site, including the URL where the infringing material is located;

· your address, telephone number, and email address;

· 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

· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

subatomicshowcontrol@gmail.com

By mail to:

Subatomic Show Control, LLC

312 Gladstone Road

Pittsburgh, PA 15217

7. Content You Provide. Anything you post, upload, share, store, or otherwise provide to us and/or our Website through the Services is your "User Submission." You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so. Some User Submissions are viewable by other users. We do not regularly review User Submissions but reserve the right to remove or edit content you submit, including to enforce these Terms. For all User Submissions, you hereby grant the Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device), reproduce, and otherwise act with respect to such User Submissions. This is a license only – your ownership in User Submissions is not affected. The licenses you grant to us (and by extension to our users) through these Terms are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, unless the Services indicate otherwise.

8. Feedback & Public Posting; Unsolicited Ideas. Certain features of the Services currently or in the future may allow you to post reviews, listings, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “Posted Content”). Additionally, the Services may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials, or other items on the Services ("Interactive Areas"). You may supply Posted Content to these Services so long as the Posted Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights of others, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Posted Content. We reserve the right (but not the obligation) to remove or edit any Posted Content for any or no reason but do not regularly review Posted Content. You are solely responsible for your use of Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. All statements, information and other content submitted by users are solely the opinions of users, and not of the Company.

If you do supply Posted Content, and unless we indicate otherwise, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted, and fully sublicensable right to use, modify, reproduce, adapt, publish, translate, create derivative works from, transmit, display, and distribute such Posted Content throughout the world in any media and for any purpose whatsoever to the extent permitted by law. Also, you grant to us and our sublicensees the right to use the name that you submit in connection with the Posted Content if we choose. By supplying the Posted Content, you represent and warrant that: (i) you own or otherwise control all of the rights to the Posted Content; (ii) the Posted Content is non-confidential; (iii) the Posted Content is accurate; (iv) use of the Posted Content does not violate any of the Terms and will not cause injury to any person or entity; and (v) you will indemnify the Company for all claims resulting from the Posted Content you supply.

We have the right but not the obligation to monitor and edit or remove any activity or content. We takes no responsibility and assumes no liability for any content posted by you or any third party.

9. Third Parties. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person that originated it, and you access all such information and content at your own risk, and we are not liable for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may also contain links or connections to third party websites or services not owned or controlled by the Company and using the Services may require you to transact with third parties, such as for your internet connection or for transactions through the Services. We are not responsible for these third-party services or individuals that you may interact with through the Services. You are responsible for reviewing the terms of use of all third parties.

If there is a dispute between participants on this site, or between users and any third party, we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

10. Correction of Website Errors. The information on the Website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing, and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconvenience.

11. Open Source Code. Certain products advertised or displayed on this Website, including but not limited to the Neutrino product, incorporate open source code. The following copyright notice and permission applies to that code.

// Permission is hereby granted, free of charge, to any person obtaining a copy

// of this software and associated documentation files (the "Software"), to deal

// in the Software without restriction, including without limitation the rights

// to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

// copies of the Software, and to permit persons to whom the Software is

// furnished to do so, subject to the following conditions:

// THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

// IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

// FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

// AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER

// LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,

// OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN

// THE SOFTWARE.

12. Warranty Disclaimer. Neither the Company nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Use of the Services is at your own risk. THE SERVICES (INCLUDING ALL PRODUCTS) AND CONTENT ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY NONINFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WE PROVIDE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT PROVIDED, DISPLAYED, OR GENERATED THROUGH THE SERVICES, OR ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

• THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME,

• THE SERVICES WILL NOT HAVE UNEXPECTED OUTAGES, SERVER PROBLEMS, CRASHES, BE THE SUBJECT OF HACKING OR MALICIOUS ACTORS, BE IMPACTED BY PANDEMICS, OR BE IMPACTED BY ANY OTHER ACT OR SITUATION BEYOND OUR CONTROL,

• THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,

• THE INFORMATION ON THE SERVICES WILL BE ACCURATE OR UP TO DATE,

• THE SERVICES OR THE INFORMATION TRANSMITTED TO OR FROM THEM OR STORED ON THEM WILL BE SECURE FROM UNAUTHORIZED ACCESS,

• INFORMATION AND CONTENT THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICES WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE AND SERVICES IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SERVICES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SERVICES. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WHILE WE MAKE EVERY EFFORT TO GUARANTEE AVAILABILITY, PRICE, AND QUALITY OF ITEMS SOLD BY US THROUGH THE SERVICES, UNFORESEEN CIRCUMSTANCES MAY WARRANT MODIFICATIONS AT ANY TIME, AND PRODUCTS AND SERVICES MAY VARY SLIGHTLY IN COLOR AND SIZE.

13. Class Action Waiver. YOU AND THE COMPANY AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION, LITIGATION, OR RESOLUTION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS. In addition, neither you nor the Company may participate in a class or representative action in court as a class member if any of the claims asserted in the litigation that arise out of or relate in any way to these Terms of Use and/or any Services. You and the Company both waive any right to participate in any class action involving disputes between us.

14. Indemnity. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any User Submission that you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

15. Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

16. Applicable Law. The Services are created, operated, and controlled by us in the Commonwealth of Pennsylvania, United States of America. By using the Services, you agree that the laws of the Commonwealth of Pennsylvania shall govern the validity, performance, and enforcement of these Terms of Use and any dispute of any sort that might arise between you and us, without giving effect to any conflict of laws, principles or any other rule or regulation that would result in the application of any other state’s law.

17. Jurisdiction and Venue of Disputes. Any dispute relating in any way to your use of the Services or to products or services reviewed by us or otherwise advertised or described on or through the Services shall be adjudicated exclusively in any state or federal court in Pennsylvania of our choosing, and you consent to exclusive jurisdiction and venue of such courts.

18. Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and we agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us with respect to the Services, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Company, and you do not have any authority of any kind to bind the Company in any respect whatsoever. You and we agree there are no third-party beneficiaries intended under these Terms.

19. Services Policies, Modification, And Severability. Please review our other policies, such as our Privacy Notice and policies related to returns, refunds, and warranties. These policies also govern your use of the Services.

We reserve the right to make changes to the Services, these Terms of Use, the Privacy Notice, and other site policies at any time. Each time you use the Services, you should visit and review the then current Terms of Use, Privacy Notice, and other site policies that apply to your use of the Services and any transactions made while using the Services.

If any term, clause or provision of these Terms shall be determined by a court of competent jurisdiction to be void, invalid or unenforceable under applicable law or for any other reason, then only that term, clause or provision as is determined to be void, invalid or unenforceable shall be stricken from these Terms or modified to make it no longer void, invalid or unenforceable. Further, such void, invalid or unenforceable terms, clause or provision shall not affect the enforceability of the other terms, clauses or provisions of these Terms, and these Terms shall remain in full force and effect in all other respects.

20. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: Content You Provide; Feedback & Public Posting; Unsolicited Ideas; Warranty Disclaimer; Limitation of Liability; Class Action Waiver; Indemnity; Applicable Law; and Jurisdiction and Venue of Disputes.

21. Contact. You may reach us by email and by USPS mail at:

subatomicshowcontrol@gmail.com

Subatomic Show Control, LLC

312 Gladstone Road

Pittsburgh, PA 15217