Terms of Use

 

Effective Date of Current Policy:  August 14, 2015

 

ProductionPro LLC (“ProductionPro”, “we”, and/or “us”) is a New York Limited Liability Company and the owner and operator of the website located at http://www.production.pro (“Website”) and other services such as the ProductionPro iOS application that provides tools for producers and their teams to use to create productions, shows, and other content (“Productions”) on android, iPhone, or iPad, and any software, applications, content files, scripts, instruction sets, and any related documentation (collectively, “Services.”  For the avoidance of doubt the Website is included in the Services.). These terms govern your use of the ProductionPro Services.

 

Before using any of the Services, read these Terms of Use and any other policies and notices, including our Privacy Policy, which is available at http://www.production.pro/privacy.html. Together, these materials contain terms, rules, and other guidelines related to your use of the Services (collectively, “Terms”). By using the Services, you agree to these Terms.

 

The Terms are applicable to both (a) users who set up the Services and administer and manage a Production (“Patrons”), (b) to users who are invited to join a Production created in the Services by a Patron (“Collaborators”), and (c) to users who are both Patrons and Collaborators. The terms “you” and “users” encompass all users, including   Patrons, Collaborators and anyone else who accesses the Services.

 

If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Patrons, its Collaborators, and other affiliates.  In that case, the terms “you” or “your” shall also refer to such entity, its Patrons, its Collaborators, and its other affiliates. If you do not have such authority, or if you do not agree with the Terms, you may not use the Services. You acknowledge that the Terms constitute a contract between you and ProductionPro, even though they are electronic and not physically signed by you and ProductionPro, and they govern your use of the Services.

 

You agree that your access to and use of the Services is subject to these Terms and all applicable laws, and that any such access or use is undertaken at your own risk.

 

If you have any questions about the Terms or any of our other policies, please contact us at legal@production.pro.

 

1.     We Reserve the Right to Update and Revise These Terms at Any Time.

 

From time to time we will review the Terms to ensure they accurately reflect developments in the law and our business operations. We reserve the right to update and revise the Terms at any time, effective upon posting.

 

Any new features or tools that are added to the current Services shall also be subject to these Terms.

 

2.     Eligibility.

 

By accessing the Services you affirm that you are fully able and competent to enter into and comply with the Terms.  We only permit individuals who are at least 13 years old and who can form legally binding contracts with us to use the Services.

 

The Services are only available in the United States and Canada.  If you are located in another jurisdiction, you are not permitted to access the Services. You agree that you will not use the Services in any country or in any manner prohibited by United State export control laws or any other law, restrictions, or regulations that apply to you. You can only use or receive the Services to the extent applicable laws do not bar you from doing so.

 

By using the Services, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria at any time.

 

We reserve the right, but are not obligated, to further limit the access of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services and pricing terms are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue the Services or any part thereof at any time.

 

3.     Privacy.

 

By using the Services you understand and agree that ProductionPro may share information about you and your transactions with other companies for any business purposes, including without limitation, processing your payments or other transactions, fraud prevention, and credit card authorization.

 

Our Privacy Policy details how we collect and use your information. Please review our Privacy Policy at http://www.production.pro/privacy.html.

 

4.     Account Registration.

 

Some of our Services may require you to create an account. If you create an account, you are solely responsible for any activity that occurs through your account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account at all times. Incorrect or outdated information may lead to errors or delays, for which we will not be responsible.

 

You are solely responsible for maintaining the security of your account and account password and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your account.  We are not liable for any damages or loss caused from any unauthorized account actions. You are solely responsible for all activities that occur under your account.  If you are a Patron, you are also responsible for all activities that occur in your Production, including the activities of the Collaborators on your Production Team (as defined below).

 

As part of the registration process, you will be required to create a user name and password for your accounts. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account.

 

Your access to and use of the Services or aspects thereof may be limited by the permission level associated with your account type or your status as a Patron or Collaborator on a particular Production.  Patrons who register and pay for a Patron account may invite Collaborators (each with his or her own account and password) to join their Productions (the participants on a particular production are referred to as a “Production Team”).  The total number of Collaborators permitted to join a Production will be limited to the number permitted by the Patron’s account. Patrons are responsible for all activities that occur in their Productions, including the activities of Collaborators and for ensuring that all uses of the Services in connection with their Productions comply with applicable federal, state and/or international laws.

 

Users who are Patrons on one Production may be Collaborators on other productions and vice versa. Patrons and Users with certain permissions may have the ability to edit the Productions and any content you post, and can add Collaborators to (or block them from) their Production Team at their sole discretion.  All Collaborators acknowledge that the Patron of a Production to which you contribute has certain rights to access your account, use or limit your contributions to that Production, and may obtain related information in connection with the Services.  

 

We reserve the right to refuse registration or to cancel an account at any time.  We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including orders or registrations, that, in our sole judgment, appear to be malicious or unlawful.

 

You can terminate your account by emailing us at goodbye@production.pro. Please note that some of Your Content (as defined in Section 9(a) herein) may be retained even after your account has been terminated, as described in Section 9(f) herein.

 

5.     Availability and Quality.

 

Although the Services may be accessible worldwide, this does not mean all Services are available in your country, or that all Services, or content contained therein, are legal in your country. You are not permitted to access the Services outside of the United States or Canada.  We may block access to certain Services (or certain features or content thereof) at any time for any reason. It is your responsibility to make sure your use of the Services is legal where you use them.  Services are not available in all languages.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

 

We may host user-generated content from our users. If you access our Services, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content.

 

6.     Storage.

 

We recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account.

 

7.     Modification of Services.

 

We may modify, update, or discontinue the Services (including any of their features) at any time without liability to you or anyone else. However, we will make a reasonable effort to notify you before we make the change. We will also allow you a reasonable time to save Your Content, or, the contents of your Productions, including the content contributed or otherwise posted by Collaborators (if you are a Patron).  If we discontinue the Services in their entirety, we will provide you with a pro rata refund for any unused fees for those Services that you may have prepaid.

 

8.         ProductionPro License.

 

Subject to your compliance with these Terms and the law, you may access and use the Services.  We (and our licensors) remain the sole owner of all right, title, and interest in the Services. We reserve all rights not granted under these terms.  In addition, any content that we provide to you is licensed, not sold, to you.  Our Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. ProductionPro only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any software solely in connection with the Services. Any rights not expressly granted herein are reserved.

 

9.     Your Content.

 

a.     "Your Content" means any data or content you upload, post, transmit or otherwise make available via the Services (which may include data you import from Non-ProductionPro products you use). Your Content includes files you upload, comments or edits you make on files or a Production, profile information and anything else you enter or upload into the Services. You retain all rights and ownership of Your Content. You are solely responsible for Your Content, its accuracy, and for the consequences of submitting or posting Your Content.  We are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations constituting Your Content, and we specifically disclaim any liability in connection therewith.

 

b.     License to Your Content.  We do not claim any ownership rights to Your Content. We do, however, require certain licenses from you, as set forth in these Terms, in order to operate and enable the Services. For example, we need to be able to transmit, store and copy Your Content in order to display it to you and others in your Production Team, to create backups to prevent data loss, and anything else ProductionPro deems necessary to provide the Services. Your acceptance of the Terms gives us the permission to do so and grants us any rights necessary to provide the Services to you. This permission includes allowing us to use third-party service providers (including, but not limited to, Amazon Web Services) in the operation and administration of the Services, and the rights granted to us are extended to these third parties to the degree necessary.

 

You also grant the Patron and Collaborators of any Production to which you submit, post use, or otherwise share Your Content an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access Your Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, transfer, and promote such submissions, including for commercial purposes.  This license shall survive the termination of your account.

 

c.     ProductionPro Access. We will not access, view, or listen to any of your content, except as set forth in the Terms and as reasonably necessary to perform the Services, including to monitor User conduct and misuse (see Section 12 herein).  Actions reasonably necessary to perform the Services may include (but are not limited to) (a) responding to support requests; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (c) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Services, including Your Content, without notice or further obligation to you.

 

d.     Access to Your Content by Other Users. We do not monitor or control what others do with Your Content. Patrons are solely responsible for the level of access that Collaborators or other users have to the data in a particular Production.  If Patrons do not choose the access level to apply to a Production, the system may default to the “Admin” setting. It is the Patron’s responsibility to let Collaborators know how Your Content may be used or shared and to adjust the setting related to accessing or sharing of your content.

 

e.     Disclaimers.  ProductionPro does not control or endorse the content or data contributed by any Collaborator, Patron, or any other third party.  We make no claims or representations regarding any content we do not create. We do not endorse or have any associations with third-party sites or resources that we may link to on the Services. We take no responsibility related to Your Content, third party content, data or content submitted by any Patron or Collaborator, or any actions resulting from your use of any part of the Services. If any damage or loss results from your use of, reliance on, or any other connection between you and any content or data that any third party, including a Collaborator or Patron, makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third party resources on the Internet or through the Services, you do so at your own risk.

 

f.      Termination of Account. You may terminate your account at any time by emailing us at goodbye@production.pro.  However, even after you terminate your account, any of Your Content that has already been submitted to a Production may remain part of that Production and are considered part of the Production content.  Any license granted by you under these Terms shall survive even after your account has been terminated.

 

In addition, copies of Your Content may have been retained as part of our routine backups.

 

10.  Public Content.

 

When you submit, distribute, transmit, or post any communications or any other material directly to us (either via email or through the Services or through our pages on third party sites, such as Instagram, Twitter and Facebook) (“Public Content”), in addition to the Warranty and Indemnification Obligations set forth in Section 15 herein, you also grant us the unrestricted right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Public Content in any and all media formats or distribution channels. You agree that this license includes the right for ProductionPro to use your Public Content for commercial services, including to provide, promote, market, advertise, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your account. We may use Public Content without compensation of any kind to you, including if we use Public Content for advertising or promotional purposes.

 

11.  Account Information.

 

You are responsible for all activity that occurs via your account. Please notify ProductionPro at security@production.pro immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information (except with an authorized account administrator) or (b) use another person’s account.

 

12.  Conduct and Misuse.

 

In addition to any other act that ProductionPro in its sole discretion deems to be misuse, you may not:

   take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;

   interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

   bypass, circumvent, or attempt to bypass or circumvent, any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;

   copy, modify, host, stream, sublicense, or resell the Services;

   enable or allow others to use the Services using your account information;

   use the Services to construct any kind of database;

   access or attempt to access the Services by any means other than the interface we provided or authorized;

   use or share content or engage in behavior that violates anyone’s intellectual property rights;

   upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;

   impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

   attempt to disable, impair, or destroy the Services;

   use the Services to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;

   publish anyone’s identification documents or sensitive financial information;

   disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),

   engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;

   place advertisement of any products or services in the Services;

   manipulate identifiers in order to disguise the origin of any of Your Content or other content, including Public Content;

   upload, post, transmit, or otherwise make available any of Your Content or other content, including Public Content, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

   use any data mining or similar data gathering and extraction methods in connection with the Services;

   violate any applicable law;

   violate these Terms; or

   collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.

 

You are responsible for your conduct, the content of Your Content and your Public Content and all communications with others while using the Services. We are not responsible for the accuracy, appropriateness, or legality of Your Content, Your Content, content submitted by other Users or any other information you may be able to access using the Services.

 

ProductionPro has no obligation to monitor any information on the Services. Nevertheless, you  acknowledge that ProductionPro and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of Your Content or Public Content that is available via the Services. For example, we may choose to review such Content for compliance with our policies and guidelines. If, for instance, you upload files that do not belong to you, we can delete those files. ProductionPro may remove or disable that Content at any time for any reason or for no reason at all. We may also review Your Content or Public Content transmitted through non-public mechanisms (such as non-public channels within the Services) where we deem appropriate, including for violations of the Terms or in response to a user complaint. You must evaluate, and bear all risks associated with, the use of Your Content and any other content you submit, including Public Content.

 

You shall comply with any codes of conduct, policies, storage limitations, or other notices ProductionPro provides or publishes in connection with the Services. You shall promptly notify ProductionPro if you learn of a security breach related to the Services.

 

13.  Payment/Credit Card Information.

 

You agree to provide current, complete, and accurate purchase and account information for all orders placed on ProductionPro. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

You agree to pay ProductionPro in accordance with your subscription plan, and you authorize ProductionPro to bill your payment instrument in advance on a periodic basis in accordance with such terms.

 

If you dispute any charges you must let us know within sixty (60) days after the date that the charge was incurred. All amounts paid are non-refundable, and we reserve the right to change our prices in the future. If we increase our prices for your service plan, we will provide notice of the change to you at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

 

If your credit card has already been charged for Services that are later cancelled, we will issue you a refund.

 

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the registration was made.

 

14.  Taxes and Third-Party Fees.

 

You must pay any applicable taxes, and any applicable third-party fee (including, for example, telephone charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees.

 

15.  Your Warranty and Indemnification Obligations.

 

By uploading your CONTENT, public content, or any other content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use, submit, or share such Content and (b) the rights necessary to grant the licenses in these terms.  You also represent that such Content and your other activities in connection with the Services, and ProductionPro’s exercise of all rights and licenses granted by you in the Terms, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does such Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.  You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your CONTENT or your public content, or any other content you submit, your use of the Services, or your violation of these terms.

 

16.  Errors, Inaccuracies, and Omissions.

 

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Services, including pricing information, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.

 

17.  ProductionPro Intellectual Property.

 

All content that appears on the Services, including all designs, illustrations, icons, photographs, video clips, and written materials, as well as the compilation of the Services, and other materials, are the exclusive property of ProductionPro or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Services (collectively the “Marks”) are proprietary to ProductionPro, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services.

 

Scraping the Services or using other automated or manual means to take our content is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

 

If you would like to request authorization to use the materials or content on the Services, please contact us at legal@production.pro.

 

 

18.  Copyright Infringement.

 

ProductionPro has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that ProductionPro has adopted and reasonably implemented a policy that provides for the termination of access, in appropriate circumstances, to users who are repeat copyright infringers. ProductionPro may, in appropriate circumstances and at its discretion, disable and/or terminate access to users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ProductionPro’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

 

a.     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.     a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.     identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located;

d.     your address, telephone number, and, if available, email address;

e.     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; and

f.      a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

ProductionPro’s agent for notice of claims of copyright or other intellectual property infringement can be reached via email at legal@production.pro or via regular mail at the following address: 195 Plymouth Street, #3/17, Brooklyn, NY 11201, Attention: Copyright Agent, Alexander Libby.

 

19.  WARRANTY DISCLAIMER.

 

You understand and agree that ProductionPro has no control over, and no duty to take any action regarding which users access the Services, what content you access via the Services, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of your exposure to the content.

 

You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.  

 

Some of the Services are a public forum, and other users or third parties may attempt to obtain personal information about you in order to harass or injure you. By using the Services you acknowledge and agree that ProductionPro is not responsible for others' misuse of Your Content, Public Content, or any other content submitted by you.

 

The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or due to other causes beyond our control.  ProductionPro shall use reasonable efforts to provide notice of any scheduled material disruption in service.

 

You acknowledge that Your Content may be transmitted or handled in an unencrypted manner if you use unencrypted gateways to connect to the Services.  While ProductionPro takes measures to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that those transmissions will be encrypted.  You acknowledge that you are solely responsible for adequate security protection and backup of Your Content and, if you are a Patron, all content in your Productions.  ProductionPro shall have no liability to you for any unauthorized access or use of any of Your Content, the content of your Productions, or any corruption, deletion, or destruction of any of Your Content or other content in your Productions.

 

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCTIONPRO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, OR ANY CONTENT OR DATA ON THE SERVICES, WHETHER PROVIDED OR OWNED BY PRODUCTIONPRO OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, PRODUCTIONPRO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

 

20.  LIMITATION OF LIABILITY.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRODUCTIONPRO OR ANYONE REPRESENTING PRODUCTIONPRO, INCLUDING ANY THIRD PARTY PROVIDER, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THE SERVERS OF PRODUCTIONPRO OR ITS THIRD PARTY PROVIDERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN BY; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100.00.

 

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRODUCTIONPRO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

21.  Termination.

 

We reserve the right to terminate your right to use the Services or block or prevent your access to the Services, with or without cause, and without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

 

22.  Governing Law.

 

You agree that the Services are solely based in New York, USA, and your use of the Services in another jurisdiction does not give rise to personal jurisdiction over ProductionPro in jurisdictions other than New York. The laws of the State of New York will govern these Terms and the relationship between you and ProductionPro as if you signed these Terms in New York, without regard to New York State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

 

23.  Severability.

 

If any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

 

24.  Entire Agreement.

 

These Terms constitute the entire agreement between you and ProductionPro and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

 

25.  Miscellaneous.

 

We are not liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure, or degradation.

 

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

 

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver.

 

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.  Whenever the words “include,” “includes” or “including” are used in the Terms, they shall be deemed to be followed by the words “without limitation.  Whenever the word “or” is used in the Terms, it shall not be deemed exclusive.  All terms defined in the Terms of Service shall have the defined meanings when used in any of the Terms unless otherwise defined therein.  The definitions contained in the Terms are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms.  Whenever the context requires, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action by you related to the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

26.  Contact Us.

 

If you have any questions, complaints, or claims with respect to the Services or any of the ProductionPro agreements or Terms, you may contact us at legal@production.pro.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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