PRODUCTIONPRO TERMS OF SERVICE

Last Updated: October 10, 2017

Welcome to ProductionPro, a service that provides tools to producers and their teams for managing and creating tv, film and theater productions, and other content offered by ProductionPro Technologies Inc. (“ProductionPro”) via our website located at www.production.pro (the “Site”) and mobile application (the “App”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (www.production.pro/privacy) (“Privacy Policy”) carefully because they govern your use of our Site, App and related services. To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

  1. Agreement to Terms. The Terms are applicable (a) to users who use Services to 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) general users of our Services. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
  2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

    IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PRODUCTIONPRO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

  3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17 “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  4. Who May Use the Services?
    1. Eligibility. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. You agree that you will not use the Services in any country or in any manner prohibited by United States export control laws or any other law, restrictions, or regulations that apply to you.
    2. Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the App or we may make the Services available through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
    3. Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us at support@production.pro immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
    4. Permissions. Your access to and use of the Services may be limited by the permission level associated with the type of Account you have or your status as a Patron or Collaborator on a particular project. Patrons may invite Collaborators to work on their projects. Patrons are responsible for all activities that occur through use of their Accounts, including the activities of Collaborators and for ensuring that all such activities comply with applicable federal, state and/or international laws. All Collaborators acknowledge that the Patron of a project to which they contribute has certain rights to limit their access to or contributions to that project.
  5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@production.pro. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
  6. Financial Terms.
    1. Subscriptions. ProductionPro requires payment of a fee for use of the Services (or certain portions thereof) by purchasing a subscription (“Subscription”) for such use.
    2. General. When you purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction, unless we agree otherwise to a different payment mechanism. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
    3. Subscriptions. If you purchase a Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month, using the Payment Information you have provided until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or ProductionPro. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement.
    4. Additional Payment 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. We may change the Subscription Fees upon advance notice to you. If you want to continue with a Subscription after we provide such notice then, you agree to the payment of the changed Subscription Fee as communicated to you in such notice and 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.
    5. Cancelling Subscription. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, REFUNDS ARE ONLY ISSUED IF REQUIRED BY LAW. To cancel, you can send an email to goodbye@production.pro or you may be able to cancel your Subscription through the App Provider. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
  7. Content.
    1. General. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “Production Content” means any Content that Account holders (including you) submit to or create via the Services (which may include data you import from Non-ProductionPro products you use). ProductionPro does not claim any ownership rights in any Production Content. Subject to the foregoing, ProductionPro and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
    2. Rights in Production Content Granted by You. By making any Production Content available through the Services you hereby grant to ProductionPro a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display and publicly perform and distribute your Production Content in connection with operating and providing the Services and Content to you and to other Account holders. We will not access, view, or listen to any Production Content, except as set forth in the Terms and as reasonably necessary to perform the Services or if you make your Production Content publicly available. Actions reasonably necessary to perform the Services may include (but are not limited to) (i) responding to support requests; (ii) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (iii) enforcing these Terms.
    3. Responsibility for Production Content. You are solely responsible for all your Production Content. You represent and warrant that you own all your Production Content or you have all rights that are necessary to grant us the license rights in your Production Content under these Terms. You also represent and warrant that neither your Production Content, nor your use and provision of your Production Content to be made available through the Services, nor any use of your Production Content by ProductionPro on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. Storage. You agree to comply with and not to exceed the technical limits set by the Services on your Production 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.
    5. Removal of Production Content. You can remove your Production Content by specifically deleting it. However, in certain instances, some of your Production Content (such as posts or comments you make) may not be completely removed and copies of your Production Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Production Content.
    6. Rights in Content Granted by ProductionPro. Subject to your compliance with these Terms, ProductionPro grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
    7. Offensive Content. 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.
  8. Rights and Terms for Apps.
    1. Rights in App Granted by ProductionPro. Subject to your compliance with these Terms, ProductionPro grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. ProductionPro reserves all rights in and to the App not expressly granted to you under these Terms.
    2. Accessing App from App Provider. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
      • These Terms are concluded between you and ProductionPro, and not with the App Provider, and ProductionPro (not the App Provider), is solely responsible for the App.
      • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
      • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ProductionPro.
      • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, ProductionPro will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
      • The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
      • You must also comply with all applicable third party terms of service when using the App.
  9. General Prohibitions and ProductionPro’s Enforcement Rights. You agree not to do any of the following
    1. Post, upload, publish, submit or transmit any Production Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    2. Use, display, mirror or frame the Services or any individual element within the Services, ProductionPro’s name, any ProductionPro trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ProductionPro’s express written consent;
    3. Access, tamper with, or use non-public areas of the Services, ProductionPro’s computer systems, or the technical delivery systems of ProductionPro’s providers;
    4. Attempt to probe, scan or test the vulnerability of any ProductionPro system or network or breach any security or authentication measures;
    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ProductionPro or any of ProductionPro’s providers or any other third party (including another user) to protect the Services or Content;
    6. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ProductionPro or other generally available third-party web browsers;
    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    8. Use any meta tags or other hidden text or metadata utilizing a ProductionPro trademark, logo URL or product name without ProductionPro’s express written consent;
    9. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission, or publish anyone’s identification documents or sensitive financial information;
    14. Impersonate or misrepresent your affiliation with any person or entity;
    15. Use the Services to construct any kind of database;
    16. Violate these Terms or any applicable law or regulation; or
    17. Encourage or enable any other individual to do any of the foregoing.Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including Production Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. If, for instance, you upload files that do not belong to you, we can delete those files. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  10. DMCA/Copyright Policy. ProductionPro respects copyright law and expects its users to do the same. It is ProductionPro’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see ProductionPro’s Copyright and IP Policy at www.production.pro/copyright for further information.
  11. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
  12. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at goodbye@production.pro. In addition, copies of your Production Content may have been retained as part of our routine backups; however, we also reserve the right to delete all Production Content if your access to the Services is terminated. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions will survive: Sections 5, 7(a), 7(b), 7(d), 9, 12, 13, 14, 15, 16, 17, and 18.
  13. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
  14. Indemnity. You will indemnify, defend and hold ProductionPro and its officers, directors, employee and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Production Content, or (iii) your violation of these Terms.
  15. Limitation of Liability.
    1. NEITHER PRODUCTIONPRO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRODUCTIONPRO OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    2. IN NO EVENT WILL PRODUCTIONPRO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (I) FEES PAID TO US FOR THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100).
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRODUCTIONPRO AND YOU.
  16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and ProductionPro are not required to arbitrate will be the state and federal courts located in the Southern District of New York, and you and ProductionPro each waive any objection to jurisdiction and venue in such courts.
  17. Dispute Resolution for Consumers. The following terms of Section 17 “Dispute Resolution for Consumers” only applies if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.
    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
    2. Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at legal@production.pro or by regular mail at 155 Water Street #501, Brooklyn, NY 11201 within thirty (30) days following the date you first agree to these Terms.
    3. Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address: 155 Water Street #501, Brooklyn, NY 11201 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
    4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
    5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
    6. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if ProductionPro changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Client.net) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of ProductionPro s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ProductionPro in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
  18. General Terms.
    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between ProductionPro and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ProductionPro and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without ProductionPro’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. ProductionPro may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    2. Notices. Any notices or other communications provided by ProductionPro under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
    3. Other Agreements. If we enter into a separate written agreement with you, your employer, or a Patron, the terms from that agreement will take precedence over the terms set forth in these Terms if there is a conflict between the terms of that agreement and the terms set forth in these Terms.
    4. Waiver of Rights. ProductionPro’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ProductionPro. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  19. Contact Information. If you have any questions about these Terms or the Services, please contact ProductionPro at legal@production.pro or at: 155 Water Street #501, Brooklyn, NY 11201.