Terms of Use Agreement
Date Last Revised:
April 21, 2013
Please read
these Terms of Use before using this website (www.Easy-Exposure.com)
This Agreement sets
forth the terms and conditions that apply to your access to and use of the
Internet website www.Easy-Exposure.com, as owned and operated by 771
Production, LLC. By using Easy-Exposure.com, you agree to be bound by the terms
and conditions of this Agreement and 771 Production, LLC’s Privacy and Security
Policy. If you do not agree to these terms, you may not access the site.
By using the
information, tools, features, and functionality located on Easy-Exposure.com,
you agree to be bound by this Agreement, whether you are a “Visitor” (which
means that you simply browse the Easy-Exposure.com website) or you are a
“Member” (which means that you have registered with Easy-Exposure.com). If you
wish to become a Member, communicate with other Members and make use of the
Service, you must read this Agreement and indicate your acceptance during the
Registration process.
If you accept this
Agreement, you represent that you have the capacity to be bound by it or if you
are acting on behalf of a company or entity that you have the authority to bind
such entity. Before you continue, you should print or save a local copy of this
Agreement for your records.
By using or
shopping at this site, you acknowledge that you are 18 years or older and have
read, understood and agree to honor these Terms of Use.
Modification
of Terms
771 Production, LLC
reserves the right to modify these Terms at
any time. Your continued
use of our site and any of our services means that you accept our revisions and
changes. You agree that it is your responsibility to keep current on any
changes we make to our Terms of Use. Please visit these pages regularly.
Privacy and your Personal Information
For information
about 771 Production, LLC’s data protection practices, please read our Privacy
and Security Policy (https://www.easy-exposure.com/privacy-and-security-policy),
which is hereby incorporated into this Agreement. This policy explains how 771
Production, LLC treats your personal information when you access
Easy-Exposure.com and use the Service. The policy may be updated from time to
time at our discretion.
Internet Issues
Evolving issues
concerning the Internet are beyond the responsibility or control of
Easy-Exposure.com. Accordingly, we cannot assume liability for delays, failures
or data transmission related to the Internet. Be assured that we take all
necessary steps to keep the service downtime to a minimum and that we use
secure server software to ensure your transactional security and privacy.
No Warranties or Liability
771 Production, LLC
makes the best effort to always provide the most complete and accurate
information, but it does so on an “as is” basis. In no event, however, can
Easy-Exposure, LLC or its managers be held responsible for any errors that
might inadvertently occur, and 771 Production, LLC will provide no monetary
damages in any way. 771 Production, LLC disclaims all warranties, either
express or implied, including but not limited to merchantability,
non-infringement and fitness for particular purpose.
Indemnity
You agree to
indemnify and hold 771 Production, LLC and its managers harmless from and
against any and all claims, actions or demands including without limitation
reasonable legal and accounting fees, resulting from your use of this website.
VIP Student Subscription
If you sign up for
the VIP Student Subscription, you will be assigned a member name and password.
These member name and password are for your personal use only, and you agree
that you will not allow anyone else to use your password. You are responsible
for taking reasonable steps to protect your password.
By providing us
with your email address, you agree to receive all required notices
electronically, to that e-mail address. It is your responsibility to update or
change that address, as appropriate. Notices will be provided in HTML (or, if
your system does not support HTML, in plain-text) in the text of the e-mail or
through a link to the appropriate page on our site, accessible through any
standard, commercially available Internet browser.
If you opt for
monthly or annual membership your credit card will automatically be billed each
successive month or year at your current rate unless you cancel membership.
There are no refunds for the VIP Student Membership. If you would like to
cancel your membership, please contact us at info@easy-exposure.com, and you
will not be billed for the next billing cycle. We reserve the right to change
pricing effective with your renewal date.
If you cancel your
VIP Student membership and would like to rejoin in the future, you will have to
start your membership with the initial registration again for the membership
plan of your choice.
Intellectual Property Rights
The contents of
Easy-Exposure.com, including its “look and feel” (e.g., text, graphics, images,
logos and button icons), photographs, editorial content, notices, and other
material are protected under both United States and other applicable copyright,
trademark and other laws. 771 Production, LLC grants you the right to view and
use Easy-Exposure.com subject to these terms. You may download or print a copy
of information provided on Easy-Exposure.com for your personal, internal and
non-commercial use only. Any distribution, reprint or electronic reproduction
of any content from Easy-Exposure.com in whole or in part for any other purpose
is expressly prohibited without our prior written consent, at which time you
agree to include our copyright notice: “Copyright 2013, 771 Production, LLC.
All rights reserved” on each page printed.
Any submission you
make to us of any idea, information, business invention or concept to 771
Production, LLC is voluntary. You agree that any such submission is not
confidential for all purposes, and you grant us or warrant that the owner
grants us a royalty-free, perpetual, irrevocable, worldwide license to use such
submission in any medium. If your idea, information, business invention or
concept is proprietary, please do not submit them.
Rules for Posting
You may not post or
transmit any message which is libelous or defamatory, or which discloses
private or personal matters concerning any person. You may not post or transmit
any message, data, image or program that is indecent, obscene, pornographic,
harassing, threatening, abusive, hateful, racially or ethnically offensive;
that encourages conduct that would be considered a criminal offense, give rise
to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or
transmit any message, data, image or program that would violate the property
rights of others, including unauthorized copyrighted text, images or programs,
trade secrets or other confidential proprietary information, and trademarks or
service marks used in an infringing fashion.
You may not
interfere with other Users’ use of the Service, including, without limitation,
disrupting the normal flow of dialogue in an interactive area of
Easy-Exposure.com, deleting or revising any content posted by another person or
entity, or taking any action that imposes a disproportionate burden on the
Service infrastructure or that negatively affects the availability of the
Service to others.
Except where
expressly permitted, you may not post or transmit charity requests; petitions
for signatures; franchises, distributorship, sales representative agency
arrangements, or other business opportunities (including offers of employment
or contracting arrangements); club memberships; chain letters; or letters
relating to pyramid schemes. You may not post or transmit any advertising, promotional
materials or any other solicitation of other users to use goods or services
except in those areas that are designated for such purpose.
Alerts
771 Production, LLC
may from time to time provide automatic alerts and voluntary account-related
alerts.
Automatic alerts
may be sent to you following certain changes made online to your Easy-Exposure
account, such as a change in your Registration Information.
Electronic alerts
will be sent to the email address you have provided as your primary email address
for Easy-Exposure.com. If your email address or your mobile device’s email
address changes, you are responsible for informing us of that change. You can
also choose to have alerts sent to a mobile device that accepts text messages.
Changes to your email address or mobile number will apply to all of your
alerts.
Because alerts are
not encrypted, we will never include your passcode. However, alerts may include
your Easy-Exposure.com Login ID and some information about your accounts.
Anyone with access to your email will be able to view the content of these
alerts.
Links
Easy-Exposure.com
may provide links to other websites as a resource and convenience. We cannot be
responsible for the content for such websites, nor can we make any warranties
regarding these sites.
Please contact us
with any questions or comments regarding this website at
info@easy-exposure.com. We try to respond to all inquiries as quickly as
possible and appreciate your patience given the volume of mail we receive.
771 Production, LLC
may at any time, terminate its legal agreement with you:
*if you have breached
any provision of this Agreement (or have acted in a manner which clearly shows
that you do not intend to, or are unable to comply with the provisions of this
Agreement);
*if 771 Production,
LLC in its sole discretion believes it is required to do so by law (for
example, where the provision of the Service to you is, or becomes, unlawful);
or
*immediately upon
notice, to the email address provided by you as part of your Registration
Information.
Miscellaneous
If any portion of
this Agreement is deemed unlawful, void or unenforceable by any arbitrator or
court of competent jurisdiction, this Agreement as a whole shall not be deemed
unlawful, void or unenforceable, but only that portion of this Agreement that
is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if
Compassionate Cooks, LLC does not exercise or enforce any legal right or remedy
which is contained in the Agreement (or which Compassionate Cooks, LLC has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of Compassionate Cooks, LLC’s rights and that those rights or remedies
will still be available to Compassionate Cooks, LLC.
All covenants, agreements,
representations and warranties made in this Agreement shall survive your
acceptance of this Agreement and the termination of this Agreement.
This Agreement
represents the entire understanding and agreement between you and Compassionate
Cooks, LLC regarding the subject matter of the same, and supersedes all other
previous agreements.
Governing
Law; Dispute Resolution; Forum and Venue.
These
Terms and any claim or action related to or arising from these Terms or content
on the Site shall be governed by California law, without regard to any
provision that would make the laws of another jurisdiction applicable. All
disputes between You and 771 Production, LLC shall be finally resolved through
binding arbitration in Carpinteria, California. The arbitration shall be
conducted by one (1) arbitrator who is a retired judge. The parties shall
conduct discovery as agreed upon or as permitted by the arbitrator. A party may
file for an order on the arbitration decision exclusively in the California
Superior Court, County of Santa Barbara or the United States District Court for
the Central District of California. The parties shall share equally the costs
of the arbitrator, arbitration body and arbitration facilities (if applicable).
Each party may bring a claim or action for injunctive relief without submitting
the claim to final and binding arbitration. Neither party shall have the
obligation to post a bond or demonstrate actual harm before bringing a claim or
action for injunctive relief. Each party consents to the exclusive jurisdiction
and venue of the California Superior Court, County of Santa Barbara or the
United States District Court for the Central District of California for any
equitable claim or other action related to or arising from these Terms. Each
party shall bear his/her/its own expenses and attorneys’ fees related to any
arbitration, claim or action.
