EFFECTIVE DATE: August 16, 2023
THESE TERMS REQUIRE YOU TO ARBITRATE OR RESOLVE IN SMALL CLAIMS COURT ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICE AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY OTHER COURT OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Please review these Terms carefully before using the Service because they affect your rights. By using the Service, you accept these Terms and agree to be legally bound by them.
These Terms are effective as of the Effective Date above. If you have not reviewed the Terms since the Effective Date, please review these updated Terms carefully before using the Service.
Additional terms may apply to your use of certain services or features available through the Service (the “Additional Terms”). We will provide these terms to you or post them on the Service, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any Additional Terms that apply to a particular service or feature, the Additional Terms will control with respect to that particular service or feature, but solely as necessary to avoid the conflict.
Sweepstakes, contests, and promotions that are conducted on the Service may also have additional terms and eligibility requirements, such as certain age or geographic area restrictions. If you elect to participate in such a sweepstakes, contest, or other promotion, you are responsible for complying with those terms and requirements, and those additional terms and requirements are deemed to be Additional Terms.
3.Account Types, Registration, and Access Controls
a. Service Use and Account Types
You may use the Service without registering for an account. However, certain features of the Service may require you to create an account.
Users can create an account on the Service to purchase The Book Habit merchandise and other products (an “Account”). Creating an Account is not required to purchase any merchandise or other products on the Service; however, having an Account may allow you to access certain content on the Service or receive other benefits, at Company’s sole discretion.
b. Account Registration
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree to the following:
(i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion.
(ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete.
(iii) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Service using your name, username, or password. You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity. We are not responsible for any loss or damage resulting from unauthorized use.
(iv) You will not sell, transfer, or assign your account or any account rights.
If you have reason to believe that someone is using your account without your permission, you should contact us immediately. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits—all in our sole discretion, for any reason, and without advance notice or liability, per Section 12 below.
c. Identity Authentication
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain services on the Service, federal law may require that we verify some of your information. Company reserves the right to close, suspend, or limit access to your account and/or the Service in the event we are unable to obtain or verify this information.
4. Content and Licenses
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data, trademarks and trade dress, copyrightable material, the “look and feel” of the Service, and any other content associated with the Service (collectively, the “Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. The Service (including past, present, and future versions) and the Content are owned or controlled by Company, our licensors and/or certain other third parties. As between you and Company, Company will retain all right, title, and interest in and to the Service and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Service and Content. Any unauthorized use of any Content or the Service for any purpose is prohibited.
b. Limited License
Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in this Section or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream, capture, store in a database, archive or otherwise copy any part of the Service or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Service or Content; license or sublicense any part of the Service or Content; or in any way exploit any part of the Service or Content. In addition, except as provided in this Section or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge. Your use of the Service and Content is subject to Section 11 below, in addition to this Section 4.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Company video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with, or otherwise circumventing the Video Player in any manner that enables users to view Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
d. Viral Distribution
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing mash-ups). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. You are expressly prohibited from using language such as “as seen on” or any other language that implies an endorsement by Company, the The Book Habit show, talent appearing therein when redistributing Content. When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
e. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Service. If you wish to license Content from the Service, please contact us. If you wish to license footage from the The Book Habit show, please send an email to email@example.com.
5. Terms Applicable to Purchases
To purchase any products or services we make available in our online stores on the Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or if you are a minor, have a valid credit card where an adult has listed you as an authorized user of their card. Prior to the purchase of any products or services, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Service, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Company will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.b. Methods Of Payment, Credit Card Terms, and Taxes
All payments must be made by Visa, MasterCard, Discover, American Express, Diners Club, Shop Pay, Apple Pay, Google Pay, Meta Pay, PayPal, Amazon Pay, or alternative payment forms approved by Company and available on Company’s website. We currently do not accept cash, personal, or business checks or any other payment form on the Service, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT COMPANY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Company of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Company or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Company shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.c. Return Policy
All purchase transactions made through the Service are subject to Company’s Return Policy in effect at the time of purchase.d. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order (or otherwise cancel your order) for any reason. Company further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or refuse to fulfil your order (in whole or in part). Your order will be deemed accepted by Company upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Unlike in-stock orders, certain products or services may be made-on-demand and may be shipped to you directly from the third party on-demand vendor and subject to additional delay due to production methods. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, 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 or the quantity not provided (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 or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Company has been processed until you receive a confirmation from Company via email or the Service. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received. We may refuse any order that is connected with a previous credit card dispute or previous apparent fraudulent activity. We may refuse to accept any order if fraudulent activity is suspected and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.e. No Responsibility To Sell Mispriced Products or Services
We do our best to describe every item, product or service offered on this Service as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for any items sold by third parties (if any). We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice (including after a purchase has been made). We reserve the right to modify or cancel orders for any reason, including for typographical, pricing and other errors, at any time, and we shall have no liability of any kind for such errors. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may cancel the sale, refund you any sums you have paid, and require the return of any goods provided to you under the order. Additional terms may apply.f. Modifications To Prices Or Billing Terms
The purchase of products and services on the Service is subject to availability. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with the Service are subject to change at any time without notice. If a product you purchased from Company is not as described, your sole remedy is to return it in unused condition, undamaged, in the original packaging, and otherwise in accordance with our Return Policy, to receive a refund for such product. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY EMAIL DELIVERY TO YOU.
g. Offers and Discounts
For promotional offers, such as coupons, vouchers, and discounts, restrictions may apply. See offer for full terms and conditions applicable thereto. Offers are not valid on previously purchased online merchandise, merchandise purchased through third parties, gift cards, taxes, or shipping and handling, and there is no cash value. Limit one (1) offer per order. Offers may not be combined with other offers or promotions. Offers are not valid if reproduced and they are only accepted for a limited time. Please read the details of each offer, as coupons and promotional code restrictions vary. We reserve the right to modify, suspend, impose conditions on or cancel offers at any time without notice. If you return any of the items purchased with a discount offer, the discount or value may be subtracted from the return credit. We have no obligation for payment of any tax in conjunction with the distribution or use of any offer. You are required to pay any applicable sales tax related to the use of the offer.
6. Copyright and Other Legal Complaints
a. DMCA Notice
Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you believe that Content on the Service violates your copyright, please send us a notice of the claimed violation via mail or email using the following contact information:
Peteski Productions, Inc.
Attn: Copyright Agent
Address: 4245 Kemp Blvd Suite 406, Wichita Falls, TX 76308
Your notice must include:
a legend or subject line that says: “DMCA Copyright Infringement Notice”;
your full name, address, telephone number, and email address;
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with the DMCA), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. Company may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability, including substantial penalties.
If you believe that any content on the Service violates your intellectual property rights other than copyright, please contact our Copyright Agent via mail or email using the contact information above. Your communication must:
state your full name, address, telephone number, and email address;
identify the material that is claimed to violate your rights or to be the subject of activity that violates your rights and information reasonably sufficient to permit us to locate the material; and
explain what rights you have and why you believe the material violates your rights.
b. Counter Notification
If access on the Service to a work that you submitted to Company is disabled or the work is removed as a result of a DMCA notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA counter-notification via mail or email using the contact information above.
Your DMCA counter-notification should contain the following information:
a legend or subject line that says: “DMCA Counter-Notification”;
your full name, address, telephone number, email address, and any username of your account;
a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if the address is located outside the United States, to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability, including substantial penalties.
If we receive a DMCA counter-notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA counter-notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the counter-notification to the party who sent us the DMCA notice.
7. User Content and Guidelines
a. User Content
The Service may allow you to submit or transmit audio, video, text, comments, information, feedback, ideas or other materials, including so-called “user generated content” (collectively, “User Content”) to or through the Service. When you provide User Content, you grant to Company and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit that User Content, and any names, voices, likenesses and other identifying information of persons that is part of that User Content, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products and for inclusion on the The Book Habit show, on a CD or DVD, or in any other electronic or non-electronic media or format currently existing or later developed. You hereby waive any moral rights you may have in your User Content.
If you owned User Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete User Content from the Service:
The User Content may still exist in our backup copies, which are not publicly available.
If your User Content was shared with third parties, those third parties may have retained copies of your User Content, and neither we nor our affiliates have any responsibility for any uses of your User Content that they might make.
We retain the license specified above.
We may refuse or remove User Content without notice to you. However, we have no obligation to use or monitor your User Content or provide you with credit or attribution to your User Content. You agree that neither we nor our affiliates will be liable for User Content or any loss or damage resulting from User Content.
We do not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from others. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content. You bear all responsibility for your User Content.
b. User Content Guidelines
You must comply with these User Content Rules (“Rules”) when submitting or posting User Content on the Service:
Maintain appropriate rights in your content. You represent and warrant that the material is either fully original to you or that you have all the necessary rights, licenses, permissions, clearances and consents needed from third parties in order for you to submit your User Content (including, but not limited to, all copyright and right of publicity and privacy rights) for you to comply with these Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties (other than The Book Habit). Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet or other source. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or provides services in the User Content, then you must also have their permission to submit such User Content to Company. (For example, if someone has taken a video of you and your friend, and you submit that video to Company as your User Content, then you must obtain your friend’s and the videographer’s permission to do so.) We may require, at any time, proof of the permissions referred to above in a written form acceptable to us. Failure to provide such proof may lead to, among other things, such User Content being rejected from posting on or taken down from the Service.
Act appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments. If you think your User Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
Do not use for inappropriate purposes. Your User Content must not promote any infringing, illegal, or other similarly inappropriate activity. Do not submit content in order to sell or attempt to sell products or services offered by you or others.
Be honest and do not misrepresent yourself or your content. Do not impersonate any other person, user, or company, and do not submit User Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
Others may see. User Content that you submit on the Service may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) unless, and in the form and by the method, specifically requested by Company, and take care when disclosing this type of information to others.
Do not share other peoples’ personal information. Your User Content should not reveal another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Company.
Do not damage the service or anyone’s computers or other devices. Your User Content must not submit viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of Company or any computer or other device. Do not modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative products based on Company, including any files, tables or documentation, nor attempt to regenerate any source code, algorithms, methods or techniques. Do not use automated scripts to collect information from Company.
If you submit User Content that Company reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Service.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.8. Third-Party Content
This Service and its Content (including any information provided by users) are for informational and entertainment purposes only and are not intended to replace or substitute for any professional medical, financial, legal, or other advice. The Company Parties (defined below) make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Service. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.10. Acceptable Use
Without limiting any other provision in these Terms, when using the Service in any manner, you agree not to do the following, or assist others to do the following:
Access the Service using any interface other than ours;
Maintain any link to the Service that we ask you to remove, in our sole discretion;
Frame the Service or Content, make the Service or Content available via in-line links, otherwise display the Service or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Company or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Transmit files that contain viruses, spyware, adware, or other harmful code;
Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
Remove, modify, disable, block or otherwise impair any advertising in connection with the Service;
Interfere with others using the Service or otherwise disrupt the Service;
Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Service;
Transmit, collect, or access personally identifiable information about other persons without the consent of those persons and Company;
Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Service;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Service or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content;
Access any portion of the Service that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
Otherwise use the Service or the Content in any way that violates applicable laws or these Terms.
If you violate these Terms, including, without limitation, this Section 11, Company may terminate your access to the Service without notice, and take any other actions or seek any remedies permitted by law, as provided in Section 12 below.
11. Access to Service and Accounts
We may take any of the following actions in our sole discretion at any time, for any reason, and without giving you prior notice:
Change, interrupt, or discontinue the Service;
Change how we offer and operate the Service (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
Remove Content from the Service;
Restrict, suspend, or terminate your access to the Service or any feature thereof; and
Deactivate your account(s) and delete all related information and files in your account(s).
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If Company terminates your access, you must immediately stop using the Service.
To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless Company and its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, or other representatives and all of their successors and assigns (collectively, the “Company Parties”) with respect to all third-party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with (i) your use or misuse of the Service (including, without limitation, use of your account, and claims arising from User Content) or (ii) any actual or alleged breach of these Terms or any Additional Terms. Company retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 13 without Company’s (as applicable) prior written approval.13. Disclaimers; Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DO NOT WARRANT: (A) THAT THE SERVICE, ANY OF THE SERVICE’S FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (B) THAT DEFECTS WILL BE CORRECTED; (C) THAT THE SERVICE OR THE SERVERS HOSTING IT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (D) THAT THE SERVICE OR INFORMATION AVAILABLE THROUGH THE SERVICE WILL CONTINUE TO BE AVAILABLE. THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.
THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, PANDEMIC, POWER FAILURE, OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICE (INCLUDING ITS FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER CONTENT, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). THE COMPANY PARTIES’ LIABILITY FOR ANY AND ALL DAMAGES WILL BE LIMITED TO MONETARY DAMAGES ACTUALLY SUFFERED (IF ANY) AND IN NO EVENT WILL EXCEED FIFTY U.S. DOLLARS ($50 US).
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY. SECTION 1542 PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTY."14. Governing Law, Venue, and Jurisdiction
These Terms and all claims between you and us arising from or related to your use of the Service will be governed by and construed in accordance with the laws of the State of California, except California's conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in Los Angeles, California. Notwithstanding any other provision of these Terms, (a) we may seek injunctive or other equitable relief from any court of competent jurisdiction and (b) nothing herein will restrain a California resident’s right, if any, to seek public injunctive relief as permitted by law and subject to the venue requirements set forth above.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Service or these Terms within one (1) year after such claim or action accrued. Otherwise, you will waive the claim or action.15. Disputes; Arbitration
If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Service, these Terms, or any Additional Terms (a “Claim”), and you and we are not able to resolve such Claim through informal discussion as described below, you and we each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in Los Angeles, California. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 16 shall survive termination of these Terms.
Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to Company a written notice of your claim or we must send a written notice of our claim to you (“Notice") Your Notice must (a) be sent by certified mail; (b) be addressed to: 4245 Kemp Blvd Suite 406, Wichita Falls, TX 76308; (c) describe the nature of your Claim; and (d) specify the damages or other relief you seek. If we and you do not then resolve the Claim within thirty (30) days after our receipt of Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by JAMS Inc. (“JAMS”) and be conducted in accordance with its Arbitration Rules and Procedures (the “Arbitration Rules”) (provided that, if JAMS declines to hear such arbitration for any reason, the arbitration will be administered by another mutually agreeable arbitration service pursuant to its own applicable rules). Contact information for JAMS, as well as copies of the Arbitration Rules and applicable forms, are available at https://www.jamsadr.com/. In circumstances in which the Arbitration Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in Los Angeles, California. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the Arbitration Rules, and these Terms. The arbitrator’s award of damages and/or other relief must be consistent with the terms of the above Section 14, Limitation of Liability, as to the types and the amounts of damages or other relief for which a party may be held liable. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Arbitration Rules; but if the Arbitration Rules (or other applicable arbitration rules or laws) require Company to pay a greater portion or all of such fees and costs in order for this Section 16 to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration.16. Miscellaneous
Company controls and operates the Service from its U.S.-based offices, and the Service is . Company makes no representation that the Service is appropriate or available for use beyond the U.S. These Terms comply with U.S. law only. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
If you do not agree to these Terms, you should immediately stop using the Service.
The provisions of these Terms and any Additional Terms (including the terms applicable to User Content), which by their nature should survive your suspension or termination of the Service, including the rights and licenses you grant to Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration, will survive termination, whether we terminate your access or you voluntarily discontinue your use.
Company may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. If you’re unsure what those charges may be, you should ask your service provider before using the Service.