Welcome to Len Sone's Movie-Based Counseling website, "www.moviebasedcounseling.com". Len Sone owns or controls, and provides access to the Site and related websites (this is true regardless of how the websites are accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through www.https://moviebasedcounseling.com and that link to these terms and conditions (“the Terms”). Except as otherwise noted herein, these Terms govern your use of the Site.
Please read these Terms carefully. By accessing or using the Site,
registering for services offered on the Site, or by accepting, uploading, submitting or
downloading any information or products or content from or to the Site, You agree to
these Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE
TERMS, DO NOT USE THE SITE. We reserve the right to make changes to the Site
and to these Terms from time to time. When we make changes, we will post them here.
For this reason, we encourage you to review these Terms whenever you use our Site
because by visiting the Site, you agree to accept any such changes.
Ownership of Content and Intellectual Property
The past, present and future Site content (“Content”) is protected by applicable is
protected by patent, trademark and/or copyright under American and/or foreign laws
and other proprietary rights (including, but not limited to, intellectual property rights) and
is the property of Company, its parent, subsidiaries, affiliates, or its licensors. Content
includes, without limitation,
(a) layout, organization, information, graphics, text, images, audio, videos, designs, compilations, data, wallpaper, icons, characters, artwork, photographs, music, sound, messages, software,
(b) advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities;
(c) any and all copyrightable material (including source and object code);
(d) the coding or HTML used to generate the pages, graphics, images, layout or text, and
(e) all other materials related to the Site, including without limitation, the “look and feel” of the Site.
Except as expressly set forth in these Terms or otherwise expressly granted to you in
writing by Company, no rights (either by implication, estoppel or otherwise) are
granted to you.
Proprietary Rights
As between you and the Company (or any other company whose marks appear on the
Site), the Company is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content on the Site, unless otherwise indicated. The Company logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by the Company and may be registered in USA and internationally.
Prohibited Use of Content and Proprietary Information
Except as otherwise provided on the site or in these Terms, you may not, directly or
indirectly, use, download, upload, copy, print, display, perform, reproduce, sell,
lease, rent, exchange, rearrange, create a derivative work, publish, modify, delete,
add to, license, post, transmit, or distribute any Content or Proprietary Information from this Site in whole or in part, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder without the specific prior written permission of the Company. You agree to abide by any and all applicable laws, and any copyright notices, information, or restrictions contained in any part of the Web Site. Copying, archiving or storing any part of the Site for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Site.
You agree not to display or use the Company Intellectual Property in any manner without the Company’s prior permission. Nothing on the Site should be construed to grant any license or right to use any Company Intellectual Property without the prior written consent of the Company.
Limited Revocable License
Subject to your strict compliance with these Terms, Company grants you a limited,
personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the Content (excluding source and object code), provided that you:
(i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content;
(ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Site’s software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages; or any software or other products or processes accessible through the Site; and
(iii) do not insert any code or product to manipulate the Content in any way that affects any user’s experience.
We grant you a personal, limited, non-exclusive, non-transferable license to access the
Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or
discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Prohibited Uses of Site
The Site may be used only for lawful purposes and is available only for your personal,
non-commercial use, which shall be limited to viewing the Site, purchasing products or
services, providing information to the Site, and downloading product information or
approved content for your personal review. You are responsible for your own
communications, including the transmission, posting, and uploading of information and
are responsible for the consequences of such communications to the Site.
The Company specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own;
Engaging in conduct that encourages, promotes, solicits or commits conduct
that would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law or regulation that would fail
to comply with accepted Internet protocol;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting material that is copyrighted or otherwise owned by a third
party unless you are the copyright owner or have the permission of the owner to
post it;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting material that reveals trade secrets, unless you own them or
have the permission of the owner;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting information, software, or other material that violates,
plagiarizes, misappropriates or infringes the rights of third parties including,
without limitation, copyright (including, without limitation, offering pirated
computer programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial registration numbers
for software programs, or any type of cracker utilities), trademark, patent, trade
secret, rights of privacy or publicity or any other proprietary right;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing, posting or transferring (by any means) information or software
derived from the site to foreign countries or certain foreign nations in violation of
United States export control laws;
Attempting to interfere in any way with the Site’s or the Company’s networks or
network security, or attempting to use the Site’s service to gain unauthorized
access to any other computer system;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting any material that is false, unlawful, threatening, tortious,
disparaging (including disparaging of Company, its parent, subsidiaries or
affiliates);
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting anything that adversely affects Company’s business such
as discouraging any person or entity from advertising with, linking to or
supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, racist, sexually explicit, ethnically or culturally offensive,
indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is
otherwise objectionable in Company’s sole discretion;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting material of any kind that contains a virus, Trojan horse,
time bombs, worms, spyware, bots, any automated use of the system, such as
scripts, or other harmful component or restricts or inhibits any other user’s
uninhibited use and enjoyment of the Site, interferes with or disrupts the Site or
servers or networks connected to the Site, or disobeys any requirements,
procedures, policies or regulations of networks connected to the Site;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting information or material of any kind that constitutes or
contains false or misleading indications of origin or statements of fact, including,
without limitation, by forging any TCP/IP packet header, any part of the header
information in any transmission to the Site, or otherwise manipulating identifiers
in order to disguise the origin of any content transmitted to the Site;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting any unsolicited or unauthorized advertising, promotional
materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for
money, petitions for signature, or any other form of solicitation;
Communicating, transmitting, uploading, promoting, displaying, emailing,
distributing or posting otherwise make available any material that exploits or
harms any individual, corporation or other entity;
Impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other
users of the Web Site are able to type, or otherwise act in a manner that negatively
affects other users’ ability to engage in real time exchanges;
Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise
harass another user;
Use or attempt to use another’s information, account, password, service or system
except as expressly permitted; or
Solicit or collect personal data including telephone numbers, addresses, last
names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above Prohibited Use Policy.
Security Rules
Violations of system or network security may result in civil or criminal liability. The
Company will investigate occurrences and may involve, and cooperate with, law
enforcement authorities in prosecuting any user or users who are involved in such
violations. You are prohibited from violating or attempting to violate the security of the
Site, including, without limitation, the following:
Accessing data not intended for you or logging into a Company server or account,
which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization (or
succeeding in such an attempt);
Attempting to interfere or interfering with the operation of our Site, our provision
of services to any other visitors to our Site, our hosting provider or our network,
including, without limitation, via means of submitting a virus to the Site,
overloading, “flooding”, “mailbombing” or “crashing” the Site;
Forging any TCP/IP packet header or any part of the header information in any email
or transmission or posting to our Site.
You represent, warrant and agree that you will comply with the above Security Rules.
Products or Services
The Site currently provides users with access to www.moviebasedcounseling.com, which may
include without limitation, blog; on-line viewing video series; store; past, present stories, visual images, examples of Movie-Based Counseling. Unless explicitly statedotherwise, any new features that augment or enhance the Site, including the release of new or specialized Company web-based services or products, are automatically subject to these Terms. In some instances, both these Terms and a separate end-user license or similar agreement will apply to a service or product offered by Company and/or the Site. We may add, change, remove, suspend or discontinue any aspect of the Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Site without notice or liability. In order to use the Site, you must obtain access to the Internet, either directly or through devices that access webbased content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
Links To Other Web Sites
The Site may contain hyperlinks to other web sites. If you use the
hyperlinks to access these Other Sites, you will leave the Site and your browser will be
re-directed to the Other Sites. The Other Sites may have their own terms of use or terms of service and privacy policies and those Other Sites may have different practices and requirements than the Site. The Company may not have knowledge of, and is not
responsible for, the content presented by any Other Site. As such, Company does not
warrant or make any representation regarding the legality, accuracy, or authenticity of
content presented by Other Sites. The hyperlinks to Other Sites do not constitute an
endorsement by Company of any Other Site(s) or resources, or their content. The Site is only providing these links to you as a convenience.
Linking Policy
Any web site that links to the Site: (a) must not frame or create a browser or border
environment around any of the Content of the Site; (b) may link to, but not replicate, the
Content; (c) must not imply that Company or the Site is endorsing or sponsoring it or its
products, unless Company has given its prior written consent; (d) must not present false
information about Company or its products or services; (e) must not use any Company
trademarks without the prior written permission from Company; (f) must not contain
content that could be construed as distasteful, offensive or controversial; and (g) must not engage in behaviour specifically prohibited by these Terms. By linking to any part of the Site, you agree that you do and will continue to comply with the above linking
requirements. Notwithstanding anything to the contrary contained in these Terms, we
reserve the right to deny permission to link to the Site for any reason in our sole and
absolute discretion.
Registration for Access to Portions of Site
Registration may be required for the use of certain portions of the Site (e.g., email
newsletters, sweepstakes, contests, specialized content downloads, retail sales, wireless alerts, etc.). Registration data and certain other information about you are subject to the privacy policy posted at the Site on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled. If you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information. If you create a user account or register for a restricted portion of the Site, 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 user 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 Site using your name, user name or password in whole or in part.
When Terms Control and End-User License Agreements
In some instances, these Terms and separate end-user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Site. To the extent there is a conflict between these Terms and the terms of any applicable enduser license or similar agreement, the end-user license or similar agreement will control, unless the additional conditions expressly state that these Terms will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms will control.
Promotions
The Site may contain or offer sweepstakes, contests or other promotions, which may be
governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements or they may be governed by law in your
jurisdiction. It is your responsibility to read those rules to determine whether or not your
participation, registration or entry will be valid or restricted, and to determine the
sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
Copyrights and Copyright Agents
We reserve the right to terminate the accounts of users who (in our reasonable
discretion) are infringers or repeat infringers.
Third Party Content and Information
The Site contains Content that is provided for your convenience and enjoyment. Third
parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Site or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Third party advertisers may offer goods, services and other materials to you on the Site. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Site. Under certain circumstances, we may permit third-party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to, products, services or publications within the Site do not imply endorsement of that product, service or publication.
Information You Submit
In the course of your use of the Site, you may be asked to provide certain information to
us. You acknowledge and agree that you are solely responsible for the accuracy and
content of such information. If you respond to the Company with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of the Company, and your submission of information shall constitute an irrevocable assignment to the Company of all worldwide rights, titles and interests in and to such information. The Company will not be liable for any use or disclosure of such information. The Company will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. The Company will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. However, the Company’s use of any personal information (name, email, address, phone,
etc…) you provide via the Site shall be governed by our Privacy Policy. For further
information regarding the Company’s protection of your personal information, please
refer to our Privacy Policy page.
From time to time, the Site may contain or describe functionality or other methods through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Site (“Your Upload Information”). For example, the Site may offer forums, bulletin boards, wiki, chat rooms or other interactive areas (“User Forums”). Company, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. Company reserves the right, but is not obligated, to post, delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Site and pursue all legal remedies if we believe your Upload Information violates these Terms, infringes another’s copyright or otherwise violates any law, rule or regulation.
Disclaimer of Warranties
THE COMPANY PUBLISHES INFORMATION ON ITS SITE AS A CONVENIENCE
TO ITS VISITORS. WHILE THE COMPANY ATTEMPTS TO PROVIDE
ACCURATE AND TIMELY INFORMATION, THERE MAY BE INADVERTENT
TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS.
WE RESERVE THE RIGHT TO MAKE CORRECTIONS AND CHANGES TO THE
SITE AT ANY TIME WITHOUT NOTICE. COMPANY PRODUCTS DESCRIBED IN
THE SITE MAY NOT BE AVAILABLE IN YOUR REGION. THE COMPANY DOES
NOT CLAIM THAT THE INFORMATION IN THE SITE IS APPROPRIATE TO
YOUR JURISDICTION OR THAT THE PRODUCTS DESCRIBED IN ITS SITE
WILL BE AVAILABLE FOR PURCHASE IN ALL JURISDICTIONS.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR
USE OF THE SITE. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL
CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR
ACCESSED THROUGH OR SENT FROM THE SITE, IS PROVIDED “AS IS,” “AS
AVAILABLE, ” AND “WITH ALL FAULTS.”
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS
PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR
WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS
OR IMPLIED) ABOUT:
(A) THE SITE;
(B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE;
(C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE;
(D) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS;
(E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
(F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.
COMPANY DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE’S
FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED;
OR THAT THE SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE
SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT,
COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU
UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 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 Site OR THE CONTENT. FURTHER, COMPANY AND ITS
SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE FOUNDERS,
OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER
REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE
OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY
ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT
ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE
ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH
JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
Disclaimers/Limitation of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN
CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW: UNDER
NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, OR
AFFILIATES OR THE FOUNDERS, OWNERS, DIRECTORS, OFFICERS,
EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM
(COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”) BE LIABLE
TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT
LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT
ARE DIRECTLY OR INDIRECTLY RELATED TO
(1) THE SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION;
(2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE;
(3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR CONTENT;
(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS;
(5) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT
(INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN
PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE,
OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE
COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE
ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR
PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION
EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR
ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE,
HARDWARE, SOFTWARE, 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.
YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE
DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE
OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY
DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR
OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT
IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
PREVENTING ANY EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT,
PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER
AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR
ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD
INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN
THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING,
EXHIBITION OR EXPLOITATION OF ANY COMPANY SITE, PROPERTY,
PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER
AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND
ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THE SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS
WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I
ACKNOWLEDGE THAT I 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 PROVINCE, STATE OR TERRITORY, WHICH 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.”
Indemnity
You agree to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this Terms, including, without limitation:
(a) your use of the Site;
(b) your violation of these Terms or any law, rule or regulation;
(c) your use of the Content; or
(d) any of Your Upload Information. You will cooperate as fully and
reasonably as required by Company in the defense of any claim. Notwithstanding the
foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought
against Company herein under the Terms and under this Indemnity provision and in no event shall you settle any such claim without Company’s prior written approval.
Governing Law
THESE TERMS AND THE INTERPRETATION OF THESE TERM SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF
LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
International Use of Site
We control and operate the Site from USA, and all information is processed
within USA. We do not represent that materials on the Site are appropriate or
available for use in other locations. You agree to comply with all applicable laws, rules
and regulations in connection with your use of the Site. It is possible that some software
that may be downloaded from the Site is subject to government export control or other
restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws
regarding the transmission of technical data exported from USA.
Compliance with Governing Law
You are solely responsible for compliance with applicable laws, rules, and regulations in
connection with your use of the Site and the Content, including, without limitation, those
governing your transmission or use of any software or data.
Entire Agreement
These Terms and any applicable end-user license or similar agreements contain the sole and entire agreement between the parties with respect to the Site, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
Section Titles
The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
Construction and Enforcement of Terms
You agree that these Terms will not be construed against Company by virtue of having
drafted these Terms. If any provision of these Terms shall be held invalid or
unenforceable by any court of competent jurisdiction or as a result of future legislative
action, such holding or action shall be strictly construed and shall not affect the validity
or effect of any other provision of these Terms. Failure to enforce any provision of these
Terms or other applicable agreement will not result in a waiver of that term or of any
other term. No waiver on the part of Company of any of these Terms will be of any force
or effect unless made in writing and signed by a duly authorized officer of Company. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
No Joint Venture or other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of this Agreement or your use of the Site.
Limitations Period
Any claim or cause of action you may have with respect to the Company or the Site must be commenced within one (1) year after the claim or cause of action arose.
No Assignment
You may not assign the Terms or any of your rights or obligations under the Terms
without the Company’s express written consent. The Terms inure to the benefit of the
Company’s successors, assigns and licensees.
Termination
The Company may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if, in the Company determines that you have failed to comply with any provision of these Terms. You understand and agree that Company will determine your compliance with these Terms in its sole discretion. The Company
reserves the right to deny access to all or part of the Site and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Site, or upon demand by Company, you must destroy all materials obtained from this Site and all related documentation.
Contacting Us
If there are any questions regarding these Terms you may contact us using the information below:
https://www.moviebasedcounseling.com
support@moviebasedcounseling.com
Last updated on: 7/14/2019