Your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country.
What Information Do We Collect?
“Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Non-Personal Information” means data that is not associated with or linked to your Personal Information; Non-Personal Information does not, by itself, permit the identification of individual persons. We collect Personal Information and Non-Personal Information, as described below.
Company collects Personal Information as required to offer Services, as listed in the Terms and Conditions, as voluntarily provided by you in the course of correspondence or registration, and as otherwise identified below. In addition, we collect certain information which cannot be used to personally identify any user, such as anonymous, aggregate or statistical data.
In order to use some Services, you may be required to complete the applicable registration form accessible on the Site. All persons who register are referred to as “Registered Users.” Some Services may not require registration. Company collects and maintains a record of all data provided through such registration forms, e.g. your name, e-mail, mailing addresses, and password and information about your child, e.g., your child’s name, age, interests. For example, individual users who desire to order a Product (as defined in the Terms and Conditions) must provide certain contact information, shipping information, billing information, and financial information (e.g. a credit card number and expiration date) (which will be collected by us or our third party payment processing service providers).
We also collect and maintain records of information that you voluntarily provide to us. For example, we may ask you to participate in a survey, and may ask you to provide Personal Information, such as age, gender or other demographic data. If you enter into a contest or promotion on our Site, we will collect the information you provide to participate in the contest or promotion. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it. However, unless such information is necessary for the Service or required by the Terms and Conditions, we do not require you to provide such information to us.
We collect additional information through the Site and the Service that is not associated with any online account or registration information, and that cannot be used to personally identify you. Non-Personal Information ordinarily includes aggregate, summary, or other anonymous data, and may include, by way of example, statistics regarding popularity of particular pages within the Site, or information regarding types of Internet browsers used by Registered Users.
“Cookies” are small files placed on a user’s computer by a Web site in order to facilitate use of that Web site. For example, a cookie may contain information about a user’s preferences, so that the Web site automatically complies with those preferences whenever the user visits that Web site. When using the Service, we may create “cookies” on your computer for purposes of facilitating and maintaining your current user session, and may collect Personal Information using those cookies in order to enable Company to identify you in connection with the Service and to track use of the Service for purposes consistent with this policy. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Children can surf sobailey.com and view content without any personal information being collected. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOUR ARE AT LEAST 18 YEARS OLD. We do not collect personal information from children. Parents register in order to sign their kids up for membership, to participate in sweepstakes or contests or to participate in a special activity. Note that all sites that are directed to children under 13 are prohibited by law from conditioning a child’s participation in an online activity or the child providing more personal information than is reasonably necessary. We may collect personal information from parents in order to allow kids to participate in our program.
Use and Disclosure of Collected Information
Company uses information collected from the Site and Service in several ways, as outlined in this policy. For example, we use Personal Information as needed to provide Site and Services, to create Accounts, and to communicate with users. We also use both Personal Information and Non-Personal Information when evaluating ways to improve the Site and the Service. As further described below, in limited circumstances we may disclose collected information, including Personal Information, to certain third parties in connection with providing Services or as required by law. We will not use or disclose collected information in ways different from what is described in this policy unless otherwise required by law.
We also use information collected through the Site and the Service to communicate with users from whom such information was collected in order to provide promotional materials about us. However, unlike communications which are necessary to provide Services (“Necessary Communications”), promotional communications are optional (“Optional Communications”), and Company will refrain from sending that kind of information to you if you inform us that you prefer not to receive them, as described in more detail below.
Company uses Non-Personal Information in a variety of ways, including, by way of example, to evaluate the performance of the Site and Service and the general preferences of users, or to generate anonymous statistics for our benefit or for our business partners. Because Non-Personal Information is entirely anonymous, and therefore can never be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Information. We may create Non-Personal Information records from Personal Information by excluding information (such as your name) that make the data personally identifiable to you.
We may use third-party advertising companies to serve ads when you visit our Site. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
If you enter and win a contest or other promotion, you expressly consent to (a) Company providing your Personal Information (e.g., your name and address) to the third party providing the prize for the contest or other promotion, solely to provide you such prize and (b) Company publicly disclosing your name and the fact that you won the contest or promotion. If we will be disclosing additional Personal Information in connection with a contest or other promotion, we will disclose that to you in a separate notice prior to your entering the contest or other promotion. By entering such contest or other promotion, you expressly consent to such disclosures.
Access To Personal Information Collected From You
You may request deletion of your Personal Information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
Furthermore, access to Personal Information is physically restricted within our own offices, so that only certain of our employees are granted access to information as appropriate to perform specific jobs and tasks (e.g. performing customer service).
Please be aware that, although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information or Non-Personal Information arising in connection with the theft thereof.
If you have any questions about our security measures, you can contact us at [email protected]
Changes to This Policy
TERMS AND CONDITIONS
ABG Ventures LLC, dba So Bailey, dba So Bailey Project (“Company,” “we,” or “us”) provides access to information through our website accessible at the URL http://www.sobailey.com/ (the “Site”) and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the “Services”). The Site and Services are made available to you only under the following terms and conditions (the “Terms”).
PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOUR ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.
ACCESS TO OUR ONLINE SERVICES AND TOOLS
A. Use of Third-Party Offerings
You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service (including the Downloadable Tools), and all related intellectual property rights, other than User Content. Company and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
II. USER CONTENT
A. User Content.
“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
C. Acceptable Use Policy.
The following sets forth Company’s “Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.
E. Other Users.
Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.” Notice for California Users: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210
III. TERMS AND CONDITIONS OF SALE
A. CERTAIN PRODUCT DISCLAIMERS.
WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.
B. Products and Pricing.
All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (i) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (ii) we will not charge your credit card for the cancelled portion of the order.
D. Payment Terms.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees (if applicable) for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product that auto-renew periodically (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Please note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. Company will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company. All payments are non-refundable (except as expressly set forth in this Section II). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
E. Return Policy.
For Subscription Plans. No cancellation of your subscription plan will be accepted during the subscription plan period. You may choose not to renew your So Bailey subscription plan by submitting your cancellation request at any time. If, however, you do not submit your cancellation request before the 15th of the month, the cancellation takes effect the month following the following month. In the event that So Bailey suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
For Products. You understand and agree that you shall receive no refunds and no exchanges for any Products once we or our supplier delivers these items to the carrier unless the Product received by you is damaged and/or expired.
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
IV. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. Limited Warranties
THE SERVICE, THE SITE (INCLUDING THE DOWNLOADABLE TOOLS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS (EXCEPT AS SET FORTH IN SECTION III. F) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
B. Limitation Of Liability
USE OF OUR SERVICE, THE SITE (INCLUDING ANY DOWNLOADABLE TOOLS), AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (i) FIFTY DOLLARS (U.S. $50.00) OR (ii) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE (INCLUDING ANY DOWNLOADABLE TOOLS), AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR APPLICABLE LAW OR YOUR USER CONTENT.
V. TERM AND TERMINATION
These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (which ever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. If we have suspended or terminated these Terms, your Account, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription to the Service (if any). Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.C, I.D, I. E, II, III.A., IV, VI, and VII will survive the termination of these Terms.
VI. COPYRIGHT POLICY
Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature; identification of the copyrighted work(s) that you claim to have been infringed; identification of the material on our services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such material; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
VII. MISCELLANEOUS MATTERS
A. Governing Law, Venue and Dispute Resolution.
These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a federal or state court located in Los Angeles County and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. You agree that any claim or cause of action related to the Site, the Services (including the Downloadable Tools), the Products and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If a dispute arises between you and Company, please contact the company first. For any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (i) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (ii) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (iii) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims filed or brought contrary to this Section shall be considered improperly filed. Should a party file a claim contrary to this Section, the other party may recover attorneys’ fees and costs up to $1,000, provided that other party has notified the filing party in writing of the improperly filed claim, and the filing party fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
B. Modifications to Terms
C. Modifications to Services.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if any), or not renew the Subscription (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth in Section V.
D. General Terms
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Downloadable Tools) and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Contact Information: [email protected]