PLEASE
CAREFULLY
READ
THESE
TERMS
AND
CONDITIONS
BEFORE
USING
THIS
WEBSITE.
This
website
(the
“Website”)
is
owned
and
operated
by
3041
Productions
LLC,
a
California
Limited
Liability
Company
(“3041”).
These
Terms
and
Conditions
form
a
legally
binding
agreement between you and 3041. This Agreement governs your access to and use the Website, and our services (collectively, “Your Use”).
Your
Use
of
the
Website
shall
be
deemed
to
constitute
your
consent
to
be
bound
by
this
Agreement
and
shall
be
enforceable
in
the
same
way
as
if
you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
THIS
AGREEMENT
INCLUDES
A
MANDATORY
ARBITRATION
AGREEMENT,
WHICH
MEANS
THAT
YOU
AGREE
TO
SUBMIT
ANY
CLAIM
TO
BINDING
INDIVIDUAL
ARBITRATION
RATHER
THAN
PROCEEDING
IN
COURT.
IF
YOU
WANT
TO
OPT-OUT
OF
THIS
MANDATORY
ARBITRATION
AGREEMENT,
BELOW
DESCRIBES
THE
PROCEDURES
YOU
MUST
FOLLOW
TO
DO
SO.
THE
ARBITRATION AGREEMENT REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF JURY TRIALS AND CLASS ACTIONS.
Eligibility
In
order
to
use
the
Website,
you
must
be
(a)
18
years
or
older
and
have
the
power
to
enter
into
a
binding
contract
with
us
and
not
be
barred
from
doing
so
under
any
applicable
laws;
or
(b)
13
years
or
older
and
have
your
parent
or
guardian's
consent
to
the
Agreement.
The
Website
is
not
intended
for
children
under
the
age
of
13
and
no
person
under
the
age
of
13
may
use
the
Website.
If
you
use
the
Website,
you
are
affirming
that
you
are at least 13 years old.
User Conduct
You
must
only
use
the
Website
for
lawful
purposes,
and
you
must
not
use
it
in
a
way
that
infringes
the
rights
of
anyone
else
or
that
restricts
or
inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:
(i)
copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii)
modify, distribute, or re-post any content on the Website for any purpose; or
(iii)
use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
(i)
not
to
disrupt
or
interfere
with
the
security
of,
or
otherwise
abuse,
the
Website,
or
any
services,
system
resources,
accounts,
servers,
or
networks connected to or accessible through the Website or an affiliated or linked Website;
(ii)
not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
(iii)
not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
(iv)
not
to
use,
frame,
or
utilize
framing
techniques
to
enclose
any
3041
trademark,
logo,
or
other
proprietary
information
(including
the
images
found
on
the
Website,
the
content
of
any
text,
or
the
layout/design
of
any
page
or
form
contained
on
a
Website
page)
without
3041’s
express
written
consent;
(v)
not
to
reverse
engineer,
or
create
derivative
works
based
on
the
Website
or
any
content
(including,
without
limitation,
any
software)
available
through the Website.
(vi)
not to use meta tags or any other “hidden text” utilizing a 3041 name, trademark, or product name without 3041’s express written consent;
(g)
not to deep-link to the Website without 3041's express written consent;
(h)
not
to
create
or
use
a
false
identity
on
the
Website,
share
your
account
information,
or
allow
any
person
besides
yourself
to
use
your
account
to
access the Website;
(i)
not to collect or store personal data about others;
(j)
not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(l)
to
be
bound
by
the
product
submission
policies
of
3041,
if
any,
including
that
any
product
submission
you
may
make
to
3041
will
not
be
held
in
confidence
by
3041
and
is
not
proprietary,
that
3041
may
use
the
product
submission
and
any
aspect
thereof
for
any
purposes
in
3041’s
sole
discretion and that 3041 owes no duties or obligations with respect to you or the product submission made; and
(m)
to comply with all applicable laws regarding your use of the Website.
Protection of Intellectual Property Rights and License
You
acknowledge
that
content
available
through
the
Website,
including,
without
limitation,
content
in
the
form
of
text,
graphics,
software,
music,
sound,
photographs,
and
videos,
and
content
provided
by
suppliers,
sponsors,
or
third-party
advertisers
(“Intellectual
Property
Rights”),
is
protected
by
copyright,
trademarks,
patents,
or
other
proprietary
rights
and
laws.
Except
as
expressly
provided
in
this
Agreement,
nothing
contained
in
this
Agreement
or
on
the
Website
shall
be
construed
as
conferring
a
license
or
right,
expressly,
by
implication,
by
estoppel,
or
otherwise
under
any
of
3041’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Payment Information.
You
agree
to
provide
only
true,
accurate,
current,
and
complete
payment
information.
By
purchasing
our
services,
you
represent
and
warrant
that
you
will
only
provide
payment
information
which
is
yours
or
for
which
you
are
authorized
to
provide.
3041
shall
have
the
right
to
cancel
your
order
or
to
suspend
or
terminate
your
account
if
we
have
grounds
to
believe
that
you
have
provided
inaccurate,
not
current,
fraudulent,
or
incomplete
payment
information
to
3041,
or
for
any
other
reason
that
we,
in
our
sole
discretion,
deem
appropriate.
You
agree
that
your
placement
of
an
electronic
order
on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Payment Methods.
To
use
our
service,
you
must
provide
one
or
more
Payment
Methods.
You
authorize
us
to
charge
any
Payment
Method
associated
to
your
account
in
case
your
primary
Payment
Method
is
declined
or
no
longer
available
to
us
for
payment
of
your
subscription
fee.
You
remain
responsible
for
any
uncollected
amounts.
If
a
payment
is
not
successfully
settled,
due
to
expiration,
insufficient
funds,
or
otherwise,
and
you
do
not
cancel
your
account,
we
may
suspend
your
access
to
the
service
until
we
have
successfully
charged
a
valid
Payment
Method.
For
some
Payment
Methods,
the
issuer
may
charge
you
certain
fees,
such
as
foreign
transaction
fees
or
other
fees
relating
to
the
processing
of
your
Payment
Method.
Check
with
your
Payment
Method service provider for details.
Updating your Payment Methods.
You
can
update
your
Payment
Methods
by
going
to
the
“Account”
page.
We
may
also
update
your
Payment
Methods
using
information
provided
by
the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Electronic Communications, Signatures and Agreements
The
information
communicated
on
the
Website
constitutes
an
electronic
communication.
When
you
communicate
with
3041
through
the
Website
or
via
other
forms
of
electronic
media,
such
as
e-mail,
Apps,
or
social
media,
you
are
communicating
with
3041
electronically.
You
agree
that
3041
may
communicate
electronically
with
you
and
that
such
communications,
as
well
as
notices,
disclosures,
agreements,
and
other
communications
that
3041
provides
to
you
electronically,
are
equivalent
to
communications
in
writing
and
shall
have
the
same
force
and
effect
as
if
they
were
in
writing
and signed by the party sending the communication (e.g., by 3041 or you).
You
further
acknowledge
and
agree
that
by
clicking
on
the
button
labeled
“I
ACCEPT”
or
such
similar
links
as
may
be
designated
by
3041,
you
are
submitting
a
legally
binding
electronic
signature
and
are
entering
into
a
legally
binding
contract.
You
acknowledge
that
your
electronic
submissions
constitute
your
agreement
and
intent
to
be
bound
by
this
Agreement
and
any
hyperlinks
contained
herein.
Pursuant
to
any
applicable
statutes,
regulations,
rules,
ordinances
or
other
laws,
including,
without
limitation,
the
United
States
Electronic
Signatures
in
Global
and
National
Commerce
Act,
P.L.
106-229
(the
“E-Sign
Act”)
or
other
similar
statutes,
YOU
HEREBY
AGREE
TO
THE
USE
OF
ELECTRONIC
SIGNATURES,
CONTRACTS,
ORDERS
AND
OTHER
RECORDS
AND
TO
ELECTRONIC
DELIVERY
OF
NOTICES,
POLICIES
AND
RECORDS
OF
TRANSACTIONS
INITIATED
OR
COMPLETED
THROUGH
THE
WEBSITE
OR
SERVICES
OFFERED
BY
3041.
Furthermore,
you
hereby
waive
any
rights
or
requirements
under
any
statutes,
regulations,
rules,
ordinances
or
other
laws
in
any
jurisdiction
which
require
an
original
signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Termination of Website
You
agree
that
3041
may,
in
its
sole
discretion,
and
at
any
time,
terminate
or
suspend
its
operation
of
the
Website
or
your
use
of
the
Website,
without
prior
notice
to
you,
for
any
reason
that
3041,
in
its
sole
discretion,
deems
appropriate.
You
further
agree
that
3041
will
not
be
liable
to
you
or
to
any
third
party
for
the
consequences
of
such
termination
or
suspension.
In
the
event
of
any
termination
of
your
use
of
or
access
to
the
Website,
you
agree
that
the
provisions
of
the
Agreement
regarding
protection
of
intellectual
property
rights
and
license,
indemnification,
disclaimer
regarding
information
provided
on
the
website,
disclaimer
of
warranties
with
respect
to
use
of
the
website,
limitation
on
3041’s
liability,
and
pre-dispute,
mandatory binding arbitration, and class action waiver shall survive any such termination.
Agreement to Resolve Disputes By Arbitration
PLEASE
READ
THIS
ARBITRATION
PROVISION
CAREFULLY
TO
UNDERSTAND
YOUR
RIGHTS.
YOU
AGREE
THAT
ANY
CLAIM
THAT
YOU
MAY
HAVE
IN
THE
FUTURE
MUST
BE
RESOLVED
THROUGH
BINDING
ARBITRATION.
YOU
ACKNOWLEDGE
AND
AGREE
THAT
YOU
ARE
WAIVING
THE
RIGHT
TO
A
TRIAL
BY
JURY.
THE
RIGHTS
THAT
YOU
WOULD
HAVE
IF
YOU
WENT
TO
COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, ARE MORE LIMITED.
Arbitration
is
a
method
of
resolving
a
Claim
without
filing
a
lawsuit.
“Claim”
means
any
dispute
between
you,
3041,
and/or
any
involved
third
party
relating
to
your
account,
Your
Use
(defined),
your
relationship
with
3041,
or
these
Terms
of
Use
and
Conditions
of
Purchase.
This
includes
any
and
all
claims
or
disputes
that
relate
in
any
way
to
your
use
of
the
products,
your
attempted
use
of
the
products,
and
any
act
or
omission
by
3041
or
any
third
party
related
to
your
use
or
attempted
use
of
the
products,
as
well
as
any
claims
relating
to
advertising
or
representations
regarding
the
products.
You,
3041,
or
any
involved
third
party
may
pursue
a
Claim.
3041
agrees
to
binding
arbitration
should
it
have
any
Claims
against
you.
Likewise,
you
agree
to
binding
arbitration
should
you
have
any
Claims
against
3041.
By
agreeing
to
arbitrate,
you
waive
the
right
to
go
to
court
and
agree
instead
to
submit
any
Claims
to
binding
arbitration.
This
arbitration
provision
is
governed
by
and
enforceable
under
the
Federal
Arbitration
Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Exceptions
to
this
Arbitration
Agreement.
As
an
exception
to
this
arbitration
agreement,
you
and
3041
both
retain
the
right
to
pursue,
in
a
small
claims
court,
any
claim
that
is
within
that
court’s
jurisdiction
and
proceeds
on
an
individual
(non-class)
basis.
3041
will
not
demand
arbitration
in
connection
with
any
individual
claim
that
you
properly
file
and
pursue
in
a
small
claims
court,
so
long
as
the
claim
is
pending
only
in
that
court.
This
arbitration
agreement
also
does
not
apply
to
disputes
concerning
trade
secret
misappropriation,
patent
infringement,
copyright
infringement
or
misuse, or trademark infringement or dilution.
Waiver of Class and Representative Procedures.
The
arbitrator
may
award
injunctive
relief
only
in
favor
of
the
individual
party
seeking
relief
and
only
to
the
extent
necessary
to
provide
relief
warranted
by
that
party’s
individual
claim.
YOU
AND
3041
AGREE
THAT
EACH
MAY
BRING
CLAIMS
AGAINST
THE
OTHER
ONLY
IN
YOUR
OR
ITS
INDIVIDUAL
CAPACITIES
AND
NOT
AS
PLAINTIFFS
OR
CLASS
MEMBERS
IN
ANY
PURPORTED
CLASS
OR
REPRESENTATIVE
PROCEEDING
OR
IN
THE
CAPACITY
OF
A
PRIVATE
ATTORNEY
GENERAL.
Further,
unless
both
you
and
3041
agree
otherwise,
the
arbitrator
may
not
consolidate
more
than
one
person's
claims,
and
may
not
otherwise
preside
over
any
form
of
a
representative
or
class
proceeding.
The
arbitrator
may
award
any
relief
that
a
court
could
award
that
is
individualized
to
the
claimant
and
would
not
affect
other
customers.
Neither
you
nor
we
may
seek
non-individualized
relief
that
would
affect
other
customers.
If
a
court
decides
that
applicable
law
precludes
enforcement
of
any
of
this
paragraph’s
limitations
as
to
a
particular
claim
for
relief,
then
that
claim
(and
only
that
claim)
must
be
severed
from
the
arbitration and may be brought in court.
Mandatory Pre-Dispute Procedures.
You
acknowledge
and
agree
that
before
initiating
any
Claim
(subject
to
the
exceptions
above)
against
3041,
you
will
first
give
us
an
opportunity
to
resolve
your
problem
or
dispute.
This
includes
sending
a
written
description
of
your
problem
or
dispute
to
us,
including,
but
not
limited
to,
information
or
representations
related
to
our
products
and
upon
which
you
rely.
You
may
send
the
written
description
by
Email
to
3041productions@sbcglobal.net.
You
agree
to
negotiate
with
3041
in
good
faith
about
your
problem
or
dispute.
If
for
some
reason
your
problem
or
dispute
is
not
resolved
to
your
satisfaction
within
60
days
after
3041’s
receipt
of
your
written
dispute,
you
may
commence
arbitration
in
accordance
with this agreement.
Commencement of Arbitration.
You
and
3041
agree
to
commence
any
arbitration
proceeding
within
1
year
after
the
Claim
arises
(including
the
mandatory
pre-dispute
procedures
outlined above) and that, to the fullest extent permissible by applicable law, any proceeding commenced after 1 year shall be barred.
Exclusive Venue for Other Controversies
You
agree
that
any
controversy
excluded
from
the
dispute
resolution
procedure
and
class
action
waiver
provisions
in
this
Agreement
(other
than
an
individual
action
filed
in
small
claims
court)
shall
be
filed
only
in
the
Superior
Court
of
San
Diego
County,
California,
or
the
United
States
District
Court
for
the
Central
District
of
California,
and
each
party
hereby
irrevocably
and
unconditionally
consents
and
submits
to
the
exclusive
jurisdiction
of such courts for any such controversy.
Modifications to the Agreement
3041
may
make
changes
to
these
Terms
of
Use
and
Conditions
of
Purchase,
from
time
to
time,
in
its
sole
discretion,
by
updating
this
posting
on
the
Website
without
notice
to
you.
Your
continued
use
of
the
Website
following
the
posting
of
a
new
version
of
the
Terms
of
Use
and
Conditions
of
Purchase
constitutes
your
acceptance
of
any
such
changes.
Accordingly,
whenever
you
visit
the
Website,
check
to
see
if
a
new
version
has
been
posted.
Photos, videos and content on this site are the exlusive property of 3041 PRODUCTIONS.
TERMS AND CONDITIONS
TERMS AND CONDITIONS
