Copyright ® 2019 Peteski Productions, Inc.  ALL RIGHTS RESERVED | Terms of Use | Privacy

TERMS OF USE
THORN OF GYPSY ROSE
MANSION OF SECRETS: THE MYSTERIOUS DEATH OF REBECCA ZAHAU SHOW 

 

EFFECTIVE DATE APRIL 24, 2019 / UPDATED JUNE 4, 2019

 

These Terms of Use, along with our Privacy Policy (collectively “Terms”) govern your use of thornofgypsyrose.com, drphilpodcasts.com and any other websites, applications, and other products and services offered by Peteski Productions, Inc. or its affiliates (“Company,” “us,” or “we”) that include an authorized link to these Terms (collectively, the “Web Site”).

 

Please review these Terms carefully before using the Web Site because they affect your rights. By using the Web Site, you accept these Terms and agree to be legally bound by them.

 

  1. Changes

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 Web Site.

 

We may change these Terms in the future, so we encourage you to review periodically the Terms. If you do not agree with any changes to these Terms, your sole remedy is not to use the Web Site. If you continue to use the Web Site after we change these Terms, you accept all changes.

 

2. Privacy Policy; Additional Terms

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Web Site, and you consent to our use of data in compliance with the Privacy Policy.

 

Additional terms may apply to your use of certain services or features available through the Web Site (“Additional Terms”). We will provide these terms to you or post them on the Web Site, 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 unless the Additional Terms expressly state otherwise.

 

Sweepstakes, contests, and promotions on the Web Site may also have additional rules 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 rules and requirements.

 

3. Registration and Access Controls

If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted portion of the Web Site unless you are above the required age. The Web Site is not intended for persons under the age of thirteen.

 

You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account by other members of your household. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.

 

4. Intellectual Property; License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, layouts, compilations, designs, interfaces, software, data and other content associated with the Web Site (“Content”) are owned or licensed by and to Company or other authorized third parties and is 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. As between you and Company, Company will retain all right, title, and interest in and to the Web Site 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 expressly set forth in these Terms or expressly granted to you in writing by Company, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site.

 

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 Section 4(a) 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 Web Site or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Web Site or Content; license or sublicense any part of the Web Site or Content; or in any way exploit any part of the Web Site or Content. In addition, except as provided in Section 4(a) 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.

 

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.

 

a. 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 (defined below)). 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 Thorn of Gypsy Rose show; Mansion of Secrets: The Mysterious Death of Rebecca Zahau 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.

 

b. Commercial Licenses

You must obtain our written permission for commercial use of the Content or the Web Site. If you wish to license Content from the Web Site, please contact us. If you wish to license footage or audio from the Thorn of Gypsy Rose show or Mansion of Secrets: The Mysterious Death of Rebecca Zahau show, please contact us.

 

5. Copyright & Other Legal Complaints

If you believe that Content on the Web Site violates your copyright, please provide Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.

 

The Company’s copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached at:

 

Peteski Productions, Inc. 
Attn: Copyright Agent 
2450 Colorado Avenue, Suite #500E, 
Santa Monica, CA 90404-3443 
Email: DrPhilpodcasts@gmail.com

 

Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), 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. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

 

6. User Account and Content

Certain areas of the Web Site may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, sweepstakes, etc.). The Web Site's practices governing your personal information are disclosed in its Privacy Policy. If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer cell phone or other internet access device, as applicable, so that others may not access any password protected portion of the Web Site using your name, user name or password in whole or in part.

 

The Web Site may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” on forums, message boards, social networking areas, and other interactive areas on the Web Site (collectively, “User Content”). When you provide User Content, you grant to Company and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable 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 Thorn of Gypsy Rose show and Mansion of Secrets: The Mysterious Death of Rebecca Zahau 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, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that we are not obligated to use your User Content, and we may alternatively, in our sole discretion, choose to modify, edit, remove, limit, or block access to your User Content without any notice or liability to you. Additionally, we reserve the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your User Content infringes another’s copyright or otherwise violates any law, rule or regulation.

 

Your User Content is your sole responsibility. This means that you, and not Company, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Web Site. You represent that any User Content you provide is an original work by you or you have all necessary rights in it to submit it to Company under the terms of these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these Terms or any Additional Terms. Except as otherwise expressly described in the our Privacy Policy, any applicable Additional Terms or on the Web Site, your User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners.

 

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 Web Site:

  • 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 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 bear all responsibility for your User Content. You represent and warrant that you have all rights necessary to grant to Company the license above and that your User Content does not violate Section 10.

 

7. Third-Party Content

We may provide third-party content (including advertisements) or link to third-party websites on the Web Site. We do not necessarily endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions and do not make any representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any third-party content. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to interact with certain third party social media sites (“Social Media Sites“) through the Web Site, including, without limitation, Facebook and Twitter.

 

YOU AGREE THAT COMPANY AND THE COMPANY PARTIES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Company Parties.

 

8. No Medical or Personal Advice

This Web Site and its Content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional medical, financial, legal, or other advice. In addition to the Disclaimers/Limitation of Liability section, 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 Web Site. 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.

 

9. Mobile Features

The Web Site may offer features and services that are available to you via your mobile phone or other mobile device, including the ability to receive messages from the Web Site (collectively, the “Mobile Features”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.

 

You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.

 

10. Restricted Use

Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:

  • Access the Web Site using any interface other than ours;

  • Maintain any link to the Web Site that we ask you to remove, in our sole discretion;

  • Frame the Web Site or Content, make the Web Site or Content available via in-line links, otherwise display the Web Site 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, Trojan horses, spyware, adware, or other harmful, disruptive or destructive files;

  • 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 Web Site;

  • Interfere with others using the Web Site or otherwise disrupt the Web Site;

  • Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Web Site;

  • 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 Web Site;

  • 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 Web Site or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or

  • Access any portion of the Web Site 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.

 

You are solely responsible for your interaction with other users of this Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. If you violate these Terms, including, without limitation, this Section 10, Company may terminate your access to the Web Site without notice, and take any other actions or seek any remedies permitted by law.

 

11. Access to Web Site and Accounts

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

  • Change or discontinue the Web Site;

  • Change how we offer and operate the Web Site (e.g., to begin charging a fee to access features or Content that we previously made available without charge);

  • Remove Content from the Web Site;

  • Restrict, suspend or terminate your access to the Web Site 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 Website.

 

12. Unsolicited Submissions.

Company does not accept unsolicited submissions, including scripts, story lines, articles, drawings, suggestions, ideas or concepts. It is Company’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in the Thorn of Gypsy Rose show and Mansion of Secrets: The Mysterious Death of Rebecca Zahau show or any other creative work produced by Company or any talent from the Thorn of Gypsy Rose show and Mansion of Secrets: The Mysterious Death of Rebecca Zahau show would be purely coincidental.

 

13. Indemnification

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, investigations, settlements, judgments, losses, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Web Site and the Content (including, without limitation use of your account, and claims arising from User Content). You will cooperate as fully and reasonably as reasonably required by the Company Parties. The Company Parties retain 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 the Company Parties’ (as applicable) prior written approval.

 

14. Disclaimers; Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 WEB SITE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

 

YOUR ACCESS TO AND USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTANT. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE.

 

THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

 

THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

 

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 WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT); THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY REGARDING YOUR USE OF THE WEB SITE OR CONTENT;  THESE TERMS OR YOUR USER CONTENT; OR ANY ERRORS OR OMISSIONS IN THE WEB SITE 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). IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY FOR OTHER DAMAGES 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 WEB SITE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, PODCAST, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, PODCAST, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT.

 

BY ACCESSING THE WEB SITE, 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 WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

15. Governing Law, Venue, and Jurisdiction

These Terms and all claims between you and Company arising from or related to your use of the Web Site 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) Company 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 Web Site or these Terms within ninety (90) days after the occurrence of the facts giving rise to such claim or action otherwise, you will waive the claim or action.

 

16. Disputes; Arbitration

If you have any dispute with or claim against us or any of the Company Parties, or if we or the Company Parties have a dispute with or claim against you, in either case arising out of or relating to the Web Site or these Terms (a “Claim”), and you and we are not able to resolve such Claim through informal discussion as described below, you and Company (as applicable) 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 Company (as applicable) agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company (as applicable) 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 Company 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 Company must send a written notice of our claim to you (“Notice“). Your Notice must (1) be sent by certified mail; (2) be addressed to: Peteski Productions, Inc., Attn: Legal, 2450 Colorado Avenue, Suite # 500E, Santa Monica, CA 90404-3443, (2) describe the nature of your Claim; and (3) specify the damages or other relief you seek. If Company and you (as applicable) do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or Company (as applicable) may commence an arbitration or file a small claims court action to resolve the Claim.

 

Any such arbitration shall be administered by JAMS and be conducted in accordance with its Consumer Arbitration Rules (the “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 Rules and applicable forms, are available at http://www.jamsadr.com/. In circumstances in which the 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. For any non-frivolous Claim that does not exceed $50,000, Company (as applicable) will pay all costs of the arbitration, and reimburse any filing fees you may be required to pay. If the arbitrator awards you damages that are greater than Company’s (as applicable) last written settlement offer communicated before commencement of the arbitration, Company (as applicable) will pay you the greater of $1,000 or the amount of the award.

 

17. Miscellaneous

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and the Content, including, without limitation, those governing your transmission or use of any software or data. You agree that these Terms or any Additional Terms will not be construed against Company by virtue of having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

 

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on the Web Site or (if applicable) delivering them to you via email. If you have previously provided an email address, you may be able to update your email address as described in our Privacy Policy. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Web Site, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

 

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Web Site, or as otherwise described in the Privacy Policy.

 

If you do not agree to these Terms, you should immediately stop using the Web Site. Any User Content you submitted while using the Web Site will continue to be governed by Section 6 of these Terms. Sections 6 and 10-17 of these Terms will survive any termination of your access to the Web Site, whether we terminate your access or you voluntarily discontinue your use.

 

18. Termination

You understand and agree that Company will determine your compliance with these Terms or Any Additional Terms in its sole discretion. Company reserves the right to deny access to all or part of the Web Site to any person in its sole discretion. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.

 

19. CONTACT US

If you have any questions, comments or concerns about our Web Site or these Terms of Use, you may contact us