PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOU ARE BOUND BY THEM.
BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD.
ACCOUNT REGISTRATION AND SECURITY. You understand that you may need to create an account to have access to the website and any Services purchased. In consideration of your use of this website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by this website's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of this website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and this website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
PAID SUBSCRIPTIONS. Details of the Paid Subscription levels for the Services available, including those available for additional purchase, are set out on this website. All prices are displayed inclusive of all taxes. All the Services and/or prices described or depicted on this website are subject to change at any time without notice. The inclusion of any of the Services on this website at a particular time does not imply or warrant that these Services will be available at any time. By placing an order for a Trial or Paid Subscription, you represent that the Services will be used only in a lawful manner. To use the Services with a Trial or Paid Subscription you must have Internet access and provide Company with a current, valid, accepted method of payment ("Payment Details"). Payment processing is managed by a third-party vendor. You agree that Company and/or its third-party vendor may store and use the Payment Details information you provide for use in maintaining and billing fees to your account. When you order a Trial or Paid Subscription for the Services offered on the website, you will leave this website and you may be subject to additional terms and conditions.
TRIALS DISCLOSURE. From time to time, Company or others on our behalf may offer Trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). Company reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, Company will require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ACCOUNT'S SUBSCRIPTION PAGE OR CANCEL YOUR ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ACCOUNT'S SUBSCRIPTION PAGE OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, AND COMPANY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID SUBJECT TO THE BILLING AND REFUND POLICIES SET FORTH HEREIN. THE LIMITATION OF LIABILITY SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
BILLING. For all charges for the Services sold on this website, Company (or our service provider) will bill your credit card (or alternative payment method if offered and accepted by Company). You authorize us (or our service provider) to utilize your Payment Details to pay your fees for a Paid Subscription after the conclusion of a Trial or any recurring monthly fee as a Paid Subscription. You acknowledge that at the conclusion of any Trial your account will automatically be converted to a Paid Subscription unless cancelled during the Trial. You further acknowledge that a charged Paid Subscription will renew automatically at the end of your initial Paid Subscription period continuing monthly until you request a cancellation.
You are solely responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website or any of the Services offered therewith.
REFUND POLICY. You may request a one-time refund for the Services purchased for this website in the event that you are not satisfied or for any reason within 30 days of your initial order. The Services and access to this website will be terminated upon such refund whether a Trial or Paid Subscription. You may not create multiple accounts and request multiple refunds. Certain jurisdictions may provide additional statutory rights. Any refund request after the initial 30 days of access to the Services will not be processed although you may cancel at any time after the initial 30 Days has passed. Nothing herein is meant to limit your return or cancellation rights under local law. To request a refund, please contact http://jakepayton.com/support.
DISPUTES. In the event the Company determines that legal action is necessary to collect on any balances due for the Services, you agree to reimburse Company for all expenses incurred to recover sums due, including reasonable attorneys' fees and other legal expenses.
GOVERNING LAW, JURISDICTION AND VENUE. These Terms and Conditions and any agreement entered into in connection herewith will be construed and enforced by the laws of the State of California applicable to contracts as if negotiated, executed and wholly performed within the State of California, without regard to its conflict of law provisions. The venue for any action or proceeding arising from or based upon these Terms and Conditions and any agreement entered into in connection with the Services must be resolved in the appropriate state or federal courts located in the County of Los Angeles in the State of California. You expressly agree to submit to the personal jurisdiction of the state or federal courts located within Los Angeles County, California, for the purpose of litigating all such claims or disputes.
COPYRIGHT AND OWNERSHIP. All of the content featured or displayed on this website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of this website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and this website may only be used for the intended purpose for which this website and the Services are being made available. Except as may be otherwise indicated in specific documents within this website, you are authorized to view, play, print and download Content for personal, informational, and noncommercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, information or work contained on this website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on this website. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of this website and the Services. This website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this website. Company may change or remove Content from time-to-time. Content that you have previously downloaded may be removed from this website at any time without notice to you, including upon termination of this Agreement or suspension of your account.
TRADEMARKS. All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, this website name, this website design, and any logos) (collectively "Marks") are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Company's prior written consent. The use of Company trademarks on any other website or network computer environment is not allowed. Company prohibits the use of Company trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
ACCURACY OF INFORMATION. We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm Paid Subscriptions by email, the receipt of an email confirmation does not constitute our acceptance of a Paid Subscription order or our confirmation of an offer to sell a Paid Subscription. We reserve the right, without prior notice, to limit the order quantity on any service or Paid Subscription level and/or to refuse the Services to any customer. We also may require verification of information prior to the acceptance of any order.
THIRD PARTY LINKS. From time to time, this website may contain links to websites that are not owned, operated or controlled by Company or its affiliates. For example, you will leave this website and enter a third-party payment processor website when you make a payment for the Services. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
ACCESS AND INTERFERENCE. We make no promise that this website and the Services are appropriate or available for use in locations outside the United States ("Territory"), and accessing this website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the use of this website or any of the Services. You agree that you will not use any robot, spider, scraper or other automated means to access this website for any purpose without our express written permission. If you attempt to access this website excessively with multiple login credentials, we may flag your use as a security risk and suspend access to this website. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of this website or any activities conducted on this website; (iii) bypass any measures we may use to prevent or restrict access to this website; or (iv) disrupt the interaction of other users of this website or the Services. Company does not guarantee continuous, uninterrupted or secure access to our website or the Services, and operation of this website may be interfered with by numerous factors outside of our control.
UNSOLICITED SUBMISSIONS POLICY. Except where we specifically request comments or submissions, we do not accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. This policy is designed to avoid misunderstandings if projects developed by our professional staff seem to others to be similar to their own creative work. Accordingly, we request that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against Company (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Company a nonexclusive, perpetual, worldwide license and right (including any moral rights) to the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Company (and our managers, officers, owners, members, agents, subsidiaries, joint ventures, employees, and other related entities) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
SOLICITED SUBMISSION POLICY. Where we have specifically invited or requested submissions, we encourage members and/or guests to submit user published content or user content (e.g. postings to chat rooms, webcam chats, forums, participation in communities, commenting on blogs, video rankings, reviews, etc.) to us that they have created for consideration in connection with this website and any related wireless and online broadcasts ("User Submissions"). User Submissions remain your intellectual property, and you must have obtained all necessary consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the following license. By posting User Submissions on our website, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right (including any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. You forever release Company and its managers, officers, owners, members, agents, subsidiaries, joint ventures, employees, other related entities and advertisers from any and all claims associated with using the User Submission and any associated identifying characteristics, including without limitation claims arising from rights of publicity, rights of privacy, any moral rights, infliction of emotional distress, trespass, trademark copyright, patent, trade secret, obscenity or defamation. All User Submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
ADVERTISING RIGHTS. We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with this website or your User Submissions, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.
FORCE MAJEURE. Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
REPRESENTATIONS AND WARRANTIES. You shall be solely responsible for your use of the Services and/or User Submissions and the consequences of posting or publishing them. In connection with this Agreement, you affirm, represent and warrant the following: (i) you are at least 18 years old and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses in Sections 13 and 14; (iii) you have read, understood, agree with, and will abide by the terms of this Agreement; (iv) you are not, and have not been an agent of Company and were not and are not acting on behalf of, or as a representative of, Company or any other party in connection with any User Submission; (v) any User Submission and Company use thereof as contemplated by this Agreement and this website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) you have not and will not engage in any of the following in connection with the use of the Services provided through this website: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) your Registration Data does not contain: (a) material falsehoods or misrepresentations that could harm Company or any third party; (b) content that is unlawful, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) impersonations of any third parties.
DISCLAIMERS. Your use of this website is at your own risk. THE CONTENT, INFORMATION, MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES OR RELATED ENTITIES WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES OR RELATED ENTITIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT, INFORMATION, MATERIALS OR THE SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE CONTENT AND THE SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THIS WEBSITE AND THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any Content, information or materials from this website. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT, MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT OR THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND FOR SUCH SERVICES IN ACCORDANCE WITH THE REFUND POLICIES POSTED ON THIS WEBSITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIFTY DOLLARS (US $50.00) OR (B) THE VALUE OF YOUR PURCHASE ON THIS WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST COMPANY MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION UNDER SECTION 7 WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
INDEMNITY. You agree to defend, indemnify and hold Company and our managers, officers, owners, members, agents, subsidiaries, joint ventures, employees, and other related entities harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (i) the use of this website or the Internet or your placement or transmission of any message or information on this website by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Company; or (vi) any other party's access and use of this website with your unique username, password or other appropriate security code.
RELEASE. In the event that you have a dispute with one or more other users of this website, you release Company (and all of our managers, officers, owners, members, agents, subsidiaries, joint ventures, employees, and other related entities) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
TERMINATION. You or Company may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to this website in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
GENERAL PROVISIONS. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. All terms and conditions stated in these Terms and Conditions which protect or act in favor of Company in any way shall survive any termination or expiration of this Agreement. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
ENTIRE AGREEMENT. These Terms and Conditions are the entire agreement between you and Company and supersede any prior understandings or agreements (written or oral). Any modifications to this Agreement must be in a writing from Company at its sole discretion.
Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are protected under copyright laws. ALL RIGHTS RESERVED.