NOTICE OF ARBITRATION PROVISIONS:

Your use of the Services is subject to binding BI-LATERAL arbitration of any disputes which may arise, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), as provided below IN THE SECTION ENTITLED “ARBITRATION” and in these Terms of Use. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.

The following terms (“Terms of Use”) constitute an agreement between Fourteen Three Media, LLC (“Company,” “we,” “us”), and you that governs your use of the website administered by Company (the “Website”), located at https://www.anikasdiylife.com/ and all of its associated services, content, and functionality (collectively, with the Website, the “Services”). Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of California, United States. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Fourteen Three Media, LLC, or its affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.

We reserve the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. 

ACCEPTANCE OF TERMS OF USE

These Terms of Use set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully accept to be legally bound by these Terms of Use. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made. 

If you do not agree to these Terms of Use, please do not use, and promptly exit the Services.

The Company may, subject to the below, change these Terms of Use from time to time on a prospective basis, and modify, add, or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or access of the Services following the posting of any changes to these Terms of Use constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including, but not limited to, all content, services, digital products, tools, or products, is hereby expressly prohibited.

PURCHASE POLICIES

On the Website, you may purchase products, such as shirts, furniture building plans, courses, and access to the membership site (the “Membership” and collectively with the other products the “Products”).   

You represent and warrant that if you are purchasing Products from Company, (i) any payment information you supply is true and complete and you are authorized to use the payment instrument, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

The Membership is available for a monthly or yearly fee, which you may choose at time of purchase. You will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Membership. Your continued use of the Membership after the price change becomes effective constitutes your agreement to pay the changed amount. Access will be revoked to the Membership if you choose a payment plan or subscription and do not complete the payments on schedule.

Your Membership will automatically renew each month or year, depending on the payment plan you have selected. It is your responsibility to cancel the Membership prior to renewal. You may terminate by clicking cancel link in invoice within 30 days of the next billing cycle.

Refund Policy

Refunds are not available for Products. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.

REGISTRATION, ACCOUNTS, AND PASSWORDS

Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion. 

Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential.  If you create, or are provided, a password, username, or any other piece of information during registration, you are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password and/or Account, whether authorized by you or not. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security at [email protected] and (b) ensure that you exit from your Account each time you use the Services. Company will not be liable for any loss caused by the unauthorized use of your User Account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

When you create a User Account with Company, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to Company is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Company’s sole discretion.

We may terminate your membership and access to the Services at our sole discretion, or if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change them or terminate your account. Company may disable your username and password, refuse to register a user for the Products or use of the Website, remove, or edit any content contributed to the Website or Products or cancel any User Account. Company may, without notice, refuse access to its Website or Products, in whole or part, to any person that fails to comply with these Terms of Use. Company reserves the right to modify methods for registration and access levels of registered users from time to time.

PRIVACY POLICY 

Your use of the Services and any information provided by you or gathered by Company or third parties during any visit to or use of the Services is governed by the Privacy Policy which is incorporated by this reference. By using the Services, you acknowledge and agree to Company’s collection, use and sharing of your information as set forth in the Privacy Policy. 

If you do not agree to our Privacy Policy or these Terms of Use, please do not use and promptly exit the Services.

LICENSE FOR USE OF PRODUCTS

All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.  You may not create any derivative works of the Products.  When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without the express written consent of the Company.  All inquiries for use of Company intellectual property must be submitted to [email protected].  Company reserves the right to seek equitable and compensatory relief for any violation of this term.

The owner of this website does not consent to the content on this website being used or downloaded by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by the owner in writing (including written electronic communication). Absent such consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached these Terms of Service.

GENERAL DISCLAIMER

Company has made every effort to ensure that all information on the Website and in the Products has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website or in the Products. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or in the Products. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or on the Products. 

DIY TUTORIAL DISCLAIMER

From time to time, the Website or Products may publish content with tutorials. All such tutorials have been tried and completed successfully, but results may vary from person to person. Some tutorials may include the use of tools, such as hammers, saws, or hot glue guns, which can cause injury. By voluntarily following any tutorial provided on the Website or Products, you assume the risk of any potential injury that may result. Company expressly disclaims any and all liability for your use of the tutorials or content on the Website, up to and including injury and death.  Your use of the Website or the Products is at your own risk.

YOUR RESPONSIBILITY

The Website and Products were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website and in the Products. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear on the Website or in the Products.

USE OF THE WEBSITE 

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Products. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. Unless otherwise agreed to in writing by Company, you agree that you will not use the Services, or duplicate, download, publish, modify, or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, “deep linking”), without Company’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.

The following uses are not permitted:

• Republication of content from the Website or Products, unless content is specifically and expressly made available for republication; 
• Sale, rental or sub-license of any content from the Website or Products;
• Reproduction or duplication of any content on the Website or in the Products for commercial purposes; 
• Modification of any content on the Website or Products, unless content is specifically and expressly made available for modification; 
• Redistribution of content of the Website or Products, unless content is specifically and expressly made available for redistribution. Users are permitted to share Website content on social media channels, as long as a link to the Website is included. Furthermore, you may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
• Use of the Product or Website content to develop a competing website or product or otherwise create a derivative work as defined under U.S. copyright laws. 

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

You must not use the Website or Products in a way that causes, or may cause, damage to the Website or Products or impairs the availability of access to the Website or Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or Products without Company’s express written permission. You must not use the Services for any unlawful purposes. You must not use the Services to commit an act of deception, fraud or abuse or violation of Company’s or any other company’s terms.

You must not use the Website or Products to transmit or send any unsolicited commercial communications. 

You must not use the Website or Products for any third-party marketing without Company’s express written permission.

TERMINATION

In its sole and absolute discretion, with or without notice to you, Company may suspend or terminate your use of and access to the Services, terminate your Account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms of Use; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (vi) failure to use the Services on a regular basis; or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by emailing Company at [email protected]. Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company. 

INTELLECTUAL PROPERTY

All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. 

Certain of the names, logos, and other materials displayed on the Website or in the Products constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”).  You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 

The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send COMPANY a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to:

Fourteen Three Media, LLC 

Attn: DMCA

P.O. Box 974, Cypress, CA 90630

by email: [email protected]

PROPRIETARY RIGHTS

COMPANY owns all right, title and interest in and to the Services and all materials and content contained in the Services, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Services solely for personal use. Any other use of materials on the Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written consent of an authorized officer of Company is strictly prohibited.

TRADEMARKS

“Anika’s DIY Life”, “Pocket Hole Ninja”, “The Fearless Woodworker”, and “My DIY Circle” are a trademark of Company and are protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Fourteen Three Media LLC, https://www.anikasdiylife.com/, or the experts featured on the Website or in the Products.

From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners. 

Company’s service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company.

FTC DISCLOSURE

From time to time, the Website or Products may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placements. Pursuant to the FTC’s requirements, all such advertisements on the Website or in the Products are clearly and conspicuously disclosed. 

Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website or in the Products are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

AFFILIATE MARKETING

From time to time, the Website or Products may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website/Products will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC. 

Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, Company earns from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales. For more information thereon, please visit our Cookies Policy.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or Products. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or Products, you represent that you have the right to grant these permissions for the use of such content by Website, the Products, Company and Company’s sublicensees.

CONTENT CONTRIBUTED TO THE WEBSITE OR PRODUCTS

Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party. 

Company reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website or Products. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

COMMENT POLICY, CONDUCT, AND SUBMISSIONS

The Website and/or Products may offer the option for you to leave comments, engaging with the Website or Products posts. The following types of comments will not be tolerated and will be deleted: 

• harassment directed toward any content creator or Company;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• defamatory to Company or any third party;
• references or constitutes illegal acts;
• false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, contains explicit sexual content (including nudity) or harmful, or that could encourage criminal or unethical behavior;
• contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; or,
• violate the legal rights of a third party. 

You expressly acknowledge that no Content you submit, upload, post, share or otherwise transmit shall be treated as confidential, that you alone are responsible for your Content (including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable), and once published, your Content cannot always be withdrawn. Furthermore, you represent and warrant that you have the legal right and authorization to provide your Content for use as set forth herein and required by us.

All your Content must comply with these Terms of Use, and we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit, or remove any Content that is submitted, uploaded, posted, shared or otherwise transmitted to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction your Content, and you agree that you must evaluate and bear all risks associated with our use of your Content or our reliance on the accuracy, completeness, or usefulness of your Content.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

You are, and shall remain, solely responsible for the any content you upload, submit, post, transmit, communicate, share, or exchange by means of the Website or Products and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE COMMENTS ON THE PRODUCTS OR WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

You are responsible for your use of the Services, and for any consequences thereof, including any information or materials you choose to make available, public, or private communications transmitted through the Services (including posts), usernames and passwords that you provide to the Services.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use, or in violation of applicable law. 

You agree not to, and will not assist, encourage, or enable others to, use the Services to: (i) violate these Terms of Use or any of our or our licensors’ rights or use the Services and/or Content (as defined below) to violate the rights of any third party, such as copyright or trademark right, or in any way that harms our business, our service providers, licensors, representatives, or any other user, or breaches any policy or notice on the Services; (ii) copy, modify, adapt, translate, reproduce, distribute, display, or provider access to any portion of the Services and/or Content; (iii) create derivative works from, adaptations of, decompile, disassemble, reverse engineer or in any way exploit, in whole or in part, except as expressly authorized by the applicable rights holder, any portion of the Services and/or Content; (iv) modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the information in whole or in part, except as expressly authorized by the applicable rights holder; (v) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or in or on any Content; (vi) harvest or collect email addresses or other contact information of other users by electronic or other means, or contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication; (vii) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (viii) upload to or distribute through this Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (ix) attempt to gain unauthorized access to any parts of the Services or any user accounts, or any of the Services’ computer systems or networks; (x) use automated queries or scripts (including, without limitation, by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services and/or the Content) without Company’s prior express written permission; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity (including Company); (xii) solicit passwords or personally identifying information for commercial or unlawful purposes from anyone; (xiii) intimidate or harass another; (xiv) assist, encourage or enable others to do any of the preceding prohibited activities; or (xv) violate any applicable law.

GRANT OF LIMITED LICENSE

We may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant Company and its affiliates and licensees a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use, including, but not limited to the right to copy, publicly perform, and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of, your Content for any purpose. You also irrevocably grant the users of the Services and any Other Media the right to access your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against use and our users any claims and assertions of moral rights or attribution with respect to your Content. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of your Content. 

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Products, services, and any software provided therein.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send Company an email, register to use the Website or Products or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

THIRD PARTIES

The Website and Products may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website or Products. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website. 

CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Services are offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are under 16 years of age, you should use our Services only with the involvement and permission of a parent or legal guardian and only if permitted in your jurisdiction. Children under the age of 13 years of age must not use and must promptly exit the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all the foregoing eligibility requirements. If we learn we have collected or received personal information from a child under the legal age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at [email protected]. 

If you do not meet all these requirements, you must not use and promptly exit the Services. 

Pursuant to 47 U.S.C. Section 230(d) as amended, COMPANY hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy. 

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact Company immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.

NO WARRANTIES 

The Website and Products are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, Products, or the information and materials provided therein. 

Company makes no warranty the Website or Products will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Products. The Website and Products are written in English and Company makes no warranty regarding translation or interpretation of content in any language. Without limiting the foregoing, company does not warrant that the services or other service will (1) be uninterrupted; (2) be free from inaccuracies, errors, viruses, or other harmful components; (3) meet your requirements; or (4) operate in the configuration or with the hardware or software you use. Your use of the services and service is solely at your risk.

EXCLUSION OF DAMAGES

NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OF THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES OR OTHER SERVICES BY YOU OR ANY THIRD PARTY.

LIMITATION OF LIABILITY

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY. 

APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”

THIRD PARTY WEBSITES AND FUNCTIONALITIES

THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY COMPANY. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, COMPANY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY COMPANY. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the state of California without reference to its conflict of law provisions. 

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with Company; (iii) any data or information you may provide to use or that we may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of Company’s parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association or its successor (the “AAA”) and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (the “Applicable Rules”). The most recent version of the AAA rules is available at www.adr.org and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.

To promote efficient handling of arbitration claims, if twenty-five (25) or more substantially similar claims are filed against use within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and us, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.

You further agree that:

1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Company (the “Arbitrator”);
2. the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Use and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable; 
3. Arbitration proceedings will be held in Los Angeles County, California, or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
4. the Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
5. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
6. if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein; 
7. Company may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Company has given notice of such modifications and only on a prospective basis for claims arising from Company Transactions and Relationships occurring after the effective date of such notification; and
8. nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

RISK OF LOSS

We shall make all commercially reasonable efforts to maintain the availability of the Services, however we will not be responsible for any damage or losses related to any system errors or interruptions affecting the Services. You accept that the Services could become unavailable unexpectedly as a result of circumstances beyond our control or routine maintenance. Moreover, the Services may be terminated at any time for any reason without advance notice. All decisions by Company regarding the Services are final.

All purchases of physical items from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. All purchases of physical items from use are subject to our Shipping & Handling Policy. 

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return the product in unused condition in accordance with our Return Policy.

PRICING

Except for pre-ordered items (“Pre-Orders”), which are governed by out Pre-Order Policy, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by COMPANY is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. Except for Pre-Orders, we generally do not charge your credit card until after your order has entered the shipping process. 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion. 

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company. 

The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company. 

CONTACT US 

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, the Company can be contacted at:

 Fourteen Three Media, LLC 

Attn: DMCA

P.O. Box 974, Cypress, CA 90630

by email: [email protected]

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.