Terms of use
TERMS OF USE
1. INTRODUCTION
Welcome to www.neilmandt.com (the “Website“). The Website is owned and operated
by Broken Twig Productions, Inc., (“BTP“, “us” or “we“). These terms also include
www.neilmandt.com, www.drm.com, www.mandtbros.com, www.crimedoor.com, as well as any and all websites used by us for to access any and all BTP Virtual Events.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
By using the Website, you signify your agreement to these Terms of Use. If
you do not agree to these Terms of Use, you may not use the Website. In addition,
when you use any of our current or future services, you will also be subject to our
guidelines, terms, conditions and agreements applicable to those services. If these
Terms of Use are inconsistent with the guidelines, terms and agreements applicable to
those services, these Terms of Use will control.
2. PRIVACY AND YOUR ACCOUNT
Please review our Privacy Policy, which also governs your visit to the Website, to
understand our privacy practices. We may sell products for children, but sell them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with the involvement of a parent or guardian. We reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
3. CONSIDERATION
You agree that these Terms of Use are supported by reasonable and valuable
consideration, the receipt and adequacy of which you hereby acknowledge, including,
without limitation, your access to and use of the Website and data, materials and
information available at or through the Website.
4. RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the Website (collectively, “Content“), such as text, graphics,
logos, icons, images, audio and video clips, digital downloads, data compilations, and
software, is our property or the property of our licensors or licensees, and the
compilation of the Content on the Website is our exclusive property, protected by United
States and international copyright laws, treaties and conventions. All software used on
the Website is our property or the property of our software suppliers and protected by
United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade
names (each, a “Mark“) contained on the Website are proprietary to us or our licensors
or licensees. Our Marks may not be used in connection with any product or service that
is not ours in any manner that is likely to cause confusion among users or that
disparages or discredits us or anyone else. All other Marks not owned by us that appear
on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No
Content of the Website or any other Internet site owned, operated, licensed, or
controlled by us may be copied, reproduced, republished, downloaded (other than page
caching), uploaded, posted, transmitted or distributed in any way, or sold, resold,
visited, or otherwise exploited for any commercial purpose, except that you may
download one (1) copy of the Content that we make available to you for such purposes
on a single computer for your personal, noncommercial, home use only, provided that
you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do
not modify any of the Content; (c) do not use any Content in a manner that suggests an
association with any of our products, services or brands; and (d) do not download
Content so as to avoid future downloads from the Website. Your use of Content on any
other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to:
resell or make any commercial use of the Website or any Content; collect and use any
product listings, descriptions, or prices; make any derivative use of the Website or
Content; download or copy account information for the benefit of anyone else; or use
any form of data mining, robots, or similar data gathering and extraction tools. You may
not frame, or utilize framing techniques to enclose, any Mark, Content or other
proprietary information, or use any meta tags or any other “hidden text” utilizing any
such intellectual property, without our and each applicable owner’s express written
consent. Any unauthorized use automatically terminates the license granted to you
hereunder. You are granted a limited, revocable, and non-exclusive right to create a
hyperlink only to our home page provided that the link does not portray us or our
licensors or licensees, or their respective products or services, in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any of our or any such
party’s intellectual property as part of the link without our and each such party’s express
written consent.
5. USE AND PROTECTION OF PASSWORD AND ID.
BTP will assign a password and account ID to you so you can access and use certain
areas of the Website. Each user who uses such assigned password and ID shall be
deemed to be authorized by you to access and use the Website, and BTP shall have no
obligation to investigate the authorization or source of any such access or use. YOU
ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND BTP, YOU WILL BE
SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY
ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT
SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY
YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL
OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES
THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password
and ID assigned to you. You shall immediately notify BTP of any unauthorized use of the
assigned password or ID, or any other breach or threatened breach of the Website’s
security of which you are aware. You will be responsible for any activity conducted
under your assigned password or ID.
6. SYSTEM REQUIREMENTS.
Use of the certain areas of the Website requires Internet access, audio manager
software or other software allowing the downloading and storing of audio and audio-
visual files in MP3 or other digital format (the “Software“), and, for certain downloadable
content, a compatible player device (the “Device“). BTP may, at any time and from time
to time, in its sole discretion, modify, revise, or otherwise change the system
requirements for the Website and the format of any downloadable content, in whole or
in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to
any fees incurred on the Website. Software and Devices may require you to obtain
updates or upgrades from time to time. Your ability to use the Website may be affected
by the performance of the Software, the Device, or your Internet connection. You
acknowledge and agree that it is your sole responsibility to comply with the system
requirements of your Software and Device, as in effect from time to time, and to
maintain, update, and upgrade your Software and Devices, including the payment of all
Internet access, Software, and Device fees without recourse to BTP.
7. SUBMISSIONS
You may post reviews, comments, photographs, and other content; send
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as none of these materials are illegal, obscene, threatening,
defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise
injurious to third parties or objectionable and do not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of “spam.” You may not use a false e-mail address, impersonate anyone, or
otherwise mislead as to the origin of any content. We reserve the right (but not the
obligation) to remove or edit any such content, but we do not regularly review posted
content.
Please do not send us any material that you do not intend to be subject to the User-
Generated Content License described in this paragraph. All content described in the
immediately preceding paragraph and any and all other information, content or
materials that you post or send to us hereinafter collectively is referred to as “User-
Generated Content.” If you post or send any User-Generated Content to us,
intentionally or unintentionally, we (and such others as we may designate from time to
time) shall have the unrestricted rights to the use thereof for any and all purposes
whatsoever, commercial or otherwise, without any further permission from, or any
payment to, you or anyone else. We and our designees also shall have the right (but no
obligation) to use the name that you submit, as well as any other name by which you
are or may be known, in connection with User-Generated Content. Without limiting the
generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-
exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal
license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-
distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast,
stream, download, edit, alter, modify, adapt, translate, create derivative works based
upon and publicly perform User-Generated Content, in whole or in part, by all means
and in all media now known or hereafter devised for any and all purposes without
further notice to you and with or without attribution (the “User-Generated Content
License“). You agree to the User-Generated Content License whether or not your User-
Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to
all User-Generated Content that you post or send to us; that all such User-Generated
Content is accurate; use of such User-Generated Content does not violate these Terms
of Use, our Privacy Policy or the rights of any third party and will not cause injury to
anyone; and you will indemnify us and our affiliates and designees from and against all
claims arising out of, resulting from or relating to any such User-Generated Content. We
have the right (but no obligation) to monitor, edit or remove any activity or
content involving you. We have no responsibility, and assume no liability, for any
User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or
confidence between us and that no confidential or fiduciary relationship is intended or
created between you and us. To the extent that any so-called “moral rights,”
“neighboring rights” or similar or analogous rights apply to any User-Generated Content
and which are not exclusively owned by us, you agree not to enforce or assign, or
permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you
agree that the User-Generated Content License is ratified and confirmed with respect to
such User-Generated Content and all User-Generated Content previously posted or
submitted by you.
8. CONTENT LINKED TO THE WEBSITE
You should be aware that when you visit the Website, you could be directed to other
sites beyond our control including links to or from affiliates and content partners that
may use our Marks as part of an affiliate relationship. When you click on a link that
directs you away from the Website, the site to which you are directed may not be
controlled by us and different terms of use and privacy policies may apply which you
should carefully read and evaluate. You acknowledge that we are not responsible for
examining or evaluating, and that we do not warrant the offerings of, any such third
party or the content of their sites. We do not assume any responsibility or liability for the
actions, products, or content of any third party or any third party site. We reserve the
right to disable links from or to third-party sites, although we are under no obligation to
do so.
9. DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-
GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS
THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR
EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR
WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT,
PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE
THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE
INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE
LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR
WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR
SAFETY). WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND
MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE
CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR
SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS
TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR
MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE
MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE
ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION,
CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO
NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF
ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT
LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT
BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY
AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH
RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE
WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT),
ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS
YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING,
WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).
WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU
FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE
OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT
SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH
CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR
EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME,
AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN
CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES
AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY
TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR
PROVIDED WITHIN OR THROUGH THE WEBSITE. 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, SUCH AS A LICENSED PSYCHOLOGIST,
PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE
MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH
PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE
INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
BECAUSE ANY WEIGHT LOSS OR HEALTH MODIFICATION PLAN CAN RESULT IN
SERIOUS INJURY, BTP URGES YOU TO OBTAIN A PHYSICAL EXAMINATION
FROM A DOCTOR BEFORE USING ANY WEIGHT LOSS PRODUCTS OR
SERVICES. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU
DO SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION FOR CHANGES
IN DIET INCLUDING THE USE OF FOOD SUPPLEMENTS, WEIGHT REDUCTION
AND/OR BODY BUILDING ENHANCEMENT PRODUCTS ARE ENTIRELY YOUR
RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN PRIOR TO
UNDERGOING ANY DIETARY OR FOOD SUPPLEMENT CHANGES. YOU AGREE
THAT YOU ARE VOLUNTARILY PURCHASING PRODUCTS OR SERVICES,
PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS WEBSITE AND
ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND
RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU
EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES
(AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND
YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND
RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL
ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR
PROPERTY DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
10. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees,
successors, distributors, agents, representatives and other authorized users, and each
of their respective officers, directors, owners, managers, members, employees, agents,
representatives and assigns (collectively, the “Indemnified Parties“), harmless from and
against any and all loss, cost, damage, liability and expense (including, without
limitation, settlement costs and legal or other fees and expenses) suffered or incurred
by any of the Indemnified Parties arising out of, in connection with or related to any
breach or alleged breach by you of these Terms of Use. You shall use your best efforts
to cooperate with us in the defense of any claim. We reserve the right, at our own
expense, to employ separate counsel and assume the exclusive defense and control of
the settlement and disposition of any claim that is subject to indemnification by you.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL
INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE
WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR
ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS
THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER
OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING
ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER
ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT
PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY
ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED
PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE
MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL
FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES,
LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR
MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF
THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS
RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE
WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY
DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR
TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE
IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS,
LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF
USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY
TO YOU.
12. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has
been copied on the Website in a way that constitutes copyright infringement, please
follow our Notice and Procedure for Making Claims of Copyright Infringement.
13. AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of
these Terms of Use at any time without notice, and it is your responsibility to review
these Terms of Use for any changes. Your use of the Website following any change to
these Terms of Use will constitute your assent to and acceptance of the revised Terms
of Use.
14. TERMINATION
These Terms of Use are effective until terminated by either you or us. You may
terminate these Terms of Use prospectively at any time by discontinuing your access to
and use of the Website and destroying all materials obtained from the Website and all
related documentation and all copies and installations thereof, whether made under
these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify
us by sending notice of such termination by certified United States mail, postage pre-
paid to:
Broken Twig Productions, Inc., Inc.
8033 Sunset Blvd., #1026
Hollywood, CA 90046
We may terminate these Terms of Use (including your access to and use of the
Website) without cause and without notice to you, in our sole discretion. Upon
termination, you must cease any access to or use of the Website and destroy all
materials obtained from the Website and all related documentation and all copies and
installations thereof, whether made under these Terms of Use or otherwise. We have
adopted and implemented a policy that provides for the termination, in appropriate
circumstances, of users who are repeat infringers of copyright.
The provisions of these Terms of Use, which by their nature should survive the
termination of these Terms of Use, shall survive such termination.
15. APPLICABLE LAW AND DISPUTES
These Terms of Use, your rights and obligations, our rights and obligations, and all
actions contemplated by these Terms of Use, will be governed by the laws of the United
States of America and the State of California, without regard to principles of conflicts of
law and as if these Terms of Use were a contract wholly entered into and wholly
performed within the State of California. These Terms of Use will not be governed by
the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to the Website or to products you purchase
through the Website shall be submitted to confidential binding arbitration in Los Angeles
County, California, United States of America, except that, to the extent you have in any
manner violated or threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in any state or federal court in Los Angeles County,
California, United States of America, and you consent to exclusive jurisdiction and
venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing
of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the
time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
16. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on the Website. You agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.
17. MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We
may change the contents, operation, or features of the Website at any time for any
reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with
governmental, court, and law enforcement requests or requirements relating to your use
of the Website or information provided to or gathered by us with respect to such use. A
printed version of these Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to these
Terms of Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by
you or others shall not constitute a waiver of our right to enforce any other provision of
these Terms of Use as to that breach or any other. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision. These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our copyright agent the written information specified below.
Please note that this procedure is exclusively for notifying us that your copyrighted
material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed a description of where the material that you claim is infringing is located on the website our address, telephone number, and e-mail address, a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, a statement by you, under penalty of perjury, that the foregoing information in our notice is accurate and that you are the copyright owner or authorized to action the copyright owner’s behalf.
The BTP’s Copyright Agent for notice of claims of copyright infringement on the Website
can be reached as follows:
Broken Twig Productions, Inc., Inc.
Attn: Copyright Agent
9051 Mira Mesa Blvd P.O. Box 261229
San Diego, CA 92196
