TERMS AND CONDITIONS
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.
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.
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.
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.
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.
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 email@example.com. 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