PRIVACY POLICY

Welcome and thank you for visiting our Privacy Policy. It is important that you familiarize yourself with the terms of our Privacy Policy so that you may be aware of the kind of information that we gather, how we may use that information as well as how and in what circumstance we may share that information. We commit to give each of our website visitors, users and customers quality service. Because of this commitment, we gather information about our website visitors, users and customers so that we can better serve you. We realize and appreciate that privacy is important to you. Please know that your privacy is also important to us. Whether you are a website visitor, user or our customer, you can be comfortable that we respect the confidentiality of the personal identifiable information that identifies you. We will treat the personal identifiable information that you provide to us in a responsible manner. We do not participate in the selling or renting of your personal identifiable information to third parties for their business purposes.

By visiting this website, using this website or becoming our customer, you accept the terms and practices described in this Privacy Policy, which is part of our Terms and Conditions of Use which govern the use of this website unless expressly provided otherwise relating to another specific service offered by us. For instance, if another one of our services expressly provides for different applicable terms and conditions of use, separate or additional privacy policy, or other policy, then those separate terms and conditions of use, privacy policy, or other policy shall apply in connection with your use of that specific service. We may change, modify, alter or add to this Privacy Policy from time to time. When that happens, we will post the revised Privacy Policy here. Any use by you of this website or use of any of our services after changes to this Privacy Policy have been posted will constitute your knowledge and acceptance of those changes (meaning that the changes may be applied to the information we previously collected or may collect thereafter from you and about you).

We are not responsible for the terms and conditions of use, practices or policies relating to the privacy policy or data collection of personal identifiable information of the websites from which you access our website, of websites that this website may link to, or of any websites that are linked to our website.

This Privacy Policy informs you about the kinds of information we collect about our visitors, users and customers; how we use that information; how we may share it with others; and how you can access and change the information we gathered about you. If you have questions about our privacy practices that are not resolved from your review of our Privacy Policy or you would like more information about our Privacy Policy, please contact privacypolicy@HomeOnTheTube.com.

PERSONAL INFORMATION COLLECTED FROM OUR VISITORS, USERS AND CUSTOMERS

We gather personal information about you so that we can deliver better service to you. We make reasonable efforts to ensure that your personal and other information given to us in confidence is secure and to treat that personal and other information in a responsible manner. We collect the personal information that you voluntarily give us and that you give us in response to our request when you choose to purchase a product from us or use one of our services. For example, when you register with this website, you will be asked to provide personal and other information such as your name, e-mail address, physical address and telephone number. Registration is generally required to upload videos/audio/graphics/data, post comments, book-mark videos, watch limited access videos, make a purchase and to use the functions of this website. Likewise, we will ask you to provide contact information if you use one of our services that connects you to other visitors, users, customers, affiliated businesses or third party providers of goods, products or services, if you request that we send you e-newsletters or other promotional notices or if you seek information or assistance from us.

If you purchase a good, product or service, we will ask for financial information such as your credit card number, debit card number, bank account routing and account number or other financial information in addition to asking for your telephone number, billing address, your preferred shipping address and other information we believe is pertinent.

We may gather additional personal information from you in relation with your use of certain optional services or features offered within or through our website. For example, if you enter one of our contests or sweepstakes, or use one of our community network functions you may be required to provide further personal information such as your social security number and chosen nickname. If you register or elect to receive e-mails, messages or e-newsletters, you may be asked to provide information concerning your personal interests. We may also collect personal information from the criteria of our search lists, characteristics of your wish lists or reminders.

If you are a member of one of our third party customer loyalty programs, we may also collect personal information from you about your membership and your purchases from us.

You understand and accept that when and if you upload video/audio/graphic/data content to this website containing your personal information, that you voluntarily place such content in a domain that may be collected and/or used by other third parties. When you upload such content to this website you do so at your own risk and you agree to assume all responsibility for this action and corresponding consequences. You further agree to hold this website, its owners, officers, directors, employees, agents and representatives harmless for any and all harm, injury damage and liability associated with your election to upload such content into this website.

OTHER KINDS OF COLLECTED VISITOR, USER OR CUSTOMER INFORMATION

If you ask us to ship a purchase to another person or entity or you use our notify a friend feature, we will ask you to provide the name and address or e-mail address of the person or entity to whom you are sending or recommending the good, product or service as well as your name and contact information.

We may also obtain personal information about you such as contact information, updated address, shipping instructions and credit information from agents, consultants, contractors, carriers or other third parties. We may also collect contact and other information about prospective consumers so that they may be contacted concerning goods, products or services that we believe may be of interest to them.

Additionally, our computer and software systems keep track of technical information about your computer or mobile device, such as the browser type and version; browser plug-in types and versions, and the operating system of your computer; the Internet Service Provider (ISP) or other provider you use to access certain of our services and your internet protocol (ip) address, location and time zone setting. These computer and software systems automatically collect channels, groups, associations, favorites and networks you enroll in; what other users, visitors, or customers with whom you elect to communicate; the content you watch; the size and frequency that you may upload or download content to or from this website; the nature, substance and relevance of the content that you may upload or download to or from this website; what goods, products or services you browse; and your purchasing activities to help us better understand the use of our website and services by our website visitors, users and customers; to improve your experience; and to aid us in marketing and managing our services.

HOW THIS INFORMATION IS COLLECTED

When you register with this website, we compile the personal information you give us about yourself into an individual profile and thereafter add other personal information about you to that profile as we obtain it. We also collect information about your actions in using this website; the content that you choose to view, upload and download within, to or from this website; the purchases you make; and other uses of our website and services as they occur.

Personal and other information about prospective customers may be collected by us or obtained from our business partners or other third parties.

Our computer and software systems automatically gather other information (including the technical information identified above) when you access certain features of our website and services, including through the use of cookies and web beacons.

USE OF COOKIES

Cookies enhance our ability to serve you. Cookies are pieces of text that a website stores on your computer – an identification code of sorts. This cookie can be assessed by the website when you revisit it.

We use two types of cookies; session cookies and persistent cookies. Session cookies terminate shortly after you terminate your internet session. Persistent cookies are stored on your hard drive until they expire or are deleted. Both types of cookies help provide an enhanced user experience since they recall your use of the Internet, this website and our services, website feature preferences, shopping cart information and your password.

We understand that not everyone wants to permit the use of cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting cookies and how to disable cookies, but we recommend that you leave cookies turned on so that you can take full advantage of the shopping features that we offer.

USE OF WEB BEACONS

Web beacons are small, transparent graphics that are placed on web pages to track how visitors arrive at a website and what they do there. We use web beacons to tracks customers’ visits to and browsing activities at our website and to compile sales and statistical data. For example, beacons let us know when a purchase is made on one of our websites by a member of one of our third party customer loyalty programs and when a purchase is initiated by an advertisement we placed on a third party’s website. This information assists us in marketing and managing our website and enhancing your experience with us.

REQUIREMENT TO PROVIDE REQUESTED PERSONAL INFORMATION

Personal information is required for you to use this website, become a customer, make a purchase, request additional information or assistance, or take advantage of certain services and features we offer.

HOW WE PROTECT PERSONAL INFORMATION

We participate in the VeriSign Secured Seal program. Your credit card information is encrypted by Secure Sockets Layer (SSL) software that is transmitted to us via the Internet to any website address beginning with https. The servers that process this information are located in a facility with restricted access. We also truncate your credit card number to the last four digits when we communicate with you about your order.

USE OF PERSONAL INFORMATION ABOUT OUR CUSTOMERS

We use your personal information to better target the information you access in and through this website, to fulfill and process your orders and to connect you with other goods, products and services that we may believe may be of interest to you. This includes for example, contacting you to confirm your order, fulfilling it and delivering it. We may also contact you about your order.

Additionally, we will use your contact information to send you e-newsletters or other promotional notices or to respond to requests for information or assistance from you.

If you are a member of one of our third party customer loyalty programs, we will use and disclose your personal information to administer and manage that program. Similarly, if you choose to participate in certain services or features we offer such as community network functions, contests or sweepstakes, we will use your personal information to administer and manage those services and features.

We may also use your personal information to improve our service to you, to customize the content that you see, and for research, marketing, and other business purposes. For example, we periodically review customer information as part of the servicing of our accounts. We may also contact you from time to time to inform you of the services that we offer and to gather information about how we can improve them.

Finally, we analyze information we obtain automatically from your computer and software systems, including from cookies and web beacons, concerning our customer’s use of, access to, and navigation of our services and their browsing and purchasing activities. We utilize this information to improve, customize, and market our services and content; to enhance our visitor, user and customer experience; and for research, marketing and other purposes.

WE SOMETIMES SHARE PERSONAL INFORMATION WITH THIRD PARTIES

Please be reminded that the primary purpose and function of this website is to create a forum for owners, managers, servicers, marketers, brokers, agents and others engaged in or associated with the real estate industry to share information about specific parcels of property and about themselves in the form of video, audio, graphics, data, photographs and other forms with the specific intent and understanding that such information will be distributed through this website, associated websites and possibly redistributed through the internet and other mediums or channels. Personal information that will or may be made public, if you choose to share with this website may include, but are not limited to, your name, your account name, your gender, your photograph, your address, your e-mail address, your telephone number, your professional license number(s), the date you opened your account, the date your uploaded information or content, the number of pieces of information or content that you have uploaded, the last date you uploaded information or content, the date you downloaded information or content, the number of pieces of information or content that you have downloaded, that last date you downloaded information or content, your opinions and comments about information and content that is displayed or accessible through this website and features about you that you may provide.

In order to receive and process your orders and requests, we may provide your name, address, and other personal information, such as your e-mail address and telephone number, to other entities such as credit card companies and package delivery services (for example, American Express, MasterCard, Visa, Federal Express, UPS and the United States Postal Service). Similarly, if you order a product that is shipped directly from another company, or offered by us in conjunction with another company, we will share personal information about that order with the other company.

We may use third party agents, consultants, and contractors to perform business functions on our behalf, including customer service, credit review, account servicing, customer research, marketing, provision of IT services, and records maintenance. We give these entities access to the personal information records and files we gather to perform these functions on our behalf. These third party entities are NOT authorized to use that information for any other purpose.

Additionally, we share personal information about you when you voluntarily use certain optional services and features that we offer. For example, if you are a member of one of our third party customer loyalty programs, we will share information concerning your purchases from us with the organization promoting that program. If you ask us to send a particular product to another person or entity or use a website feature that is intended to communicate with another visitor, user, customer or affiliated business entity, we will tell that person or entity that we are sending the product, e-mail or other communication at your request. If you participate in a contest or sweepstakes we may share the information you submit with others assisting us in the administration of that feature. If you use one of our community network functions, the content of your posting will be available to all other participants to view and will accompanied by your user name or chosen nickname.

It is possible that we or part of our business or one of our affiliates could merge with, acquire or be acquired by another business entity and your personal information could be among the assets transferred. If this occurs, you will be notified of the change by e-mail or notice on this website or one of our other services.

We reserve the right to share personal information about you with our business affiliates in the course of our business operations. We also reserve the right to share personal information about you when we believe this to be appropriate to comply with the law or in cooperation with legal authorities; to enforce the Terms and Conditions of Use governing use of this website and the terms and conditions of use governing use of our other services; or to protect the rights, property, safety, or other interests of our visitors, users and customers.

WE SOMETIMES SHARE OTHER KINDS OF INFORMATION WITH THIRD PARTIES

We may share non-personal, non-individually identifiable information about our visitors, users and customers with the group of people and entities with whom we share personal information, as well as with other third parties such as vendors, advertisers and marketing firms.

SOME INFORMATION COLLECTED CAN BE VIEWED AND CHANGED

You can review some of your personal profile at this website and correct or update it by going to the area on one of our services dealing with visitor, user or customer accounts and accessing the specific type of information that you wish to correct or update. You can also change personal information such as your shipping address or payment method when ordering.

You can subscribe to or unsubscribe from e-newsletters and other promotional notices by going to the area on one of our services dealing with visitor, user or customer accounts and accessing the type of communication service you wish to change.

Our customer service representatives are also ready to assist you in checking or changing your personal profile or removing your name from our contact lists. You can reach them through links to customer service that appear throughout our services, by e-mail; by calling 1-877-404- 8046 toll free.

You can opt out of our use of cookies to recall information about you and your computer by setting your browser not to accept cookies or to disable cookies. You cannot access or change the non-personal information that we collect.

THIRD PARTY CUSTOMER LOYALTY PROGRAMS

Occasionally, we participate in rewards programs with other business organizations where customers who are also members of these business organizations will get a credit or a reward for their use or purchases from the other member organizations. We also sometimes advertise our goods, products and services on other websites or with other business entities in the form of a link so that visitors click over to our website and purchase the services or products if they are interested. In these situations, we share information about our visitors, users and customers (including purchases) with these other member organizations and other services under the contracts these entities have with us.

PERSONAL INFORMATION FROM OR ABOUT CHILDREN

This website and the goods, products, services and information contained and/or referenced this website are not intended for use by children, and the Terms and Conditions of Use of our website require that you must be at least 18 years old to use them. In addition, we do not intentionally solicit or collect information from anyone who informs us that he or she is less than 13 years of age.

TERMS AND CONDITIONS OF USE

SPECIAL NOTICE

You are advised and you expressly accept and agree that this website is providing you a forum to review information concerning parcels of real estate; that this website and its owners and representatives are not providing any legal advice and they are not attorneys; that this website and its owners and representatives are not providing any real estate advice and they are not real estate brokers or real estate agents; that this website and its owners and representatives are not providing any financial investment advice and they are not financial advisers or consultants; that this website and its owners and representatives are not providing mortgage advice and are not mortgage brokers; that this website and its owners and representatives make no representation that you will be successful in purchasing any real estate described or shown on this website; and that this website and its owners and representatives do not represent that you will have all the information or data necessary to make a decision to purchase any real estate described or shown on this website. This website and its owners and representatives are merely providing one tool and resource to help you become more informed about real estate that may be of interest to you. We wish you luck on your use of our website and look forward to hearing from you about your process.

CONDITIONS OF USE

Thank you for visiting our website. We advise you and invite you to familiarize yourself with these Terms and Conditions of Use and which will control your use of this website along with our Privacy Policy; subject to changes in the Terms and Conditions of Use and/or Privacy Policy that may be made from time to time. Please read these Terms and Conditions of Use carefully and revisit them frequently to remain informed of any changes. This website will provide information, goods, services and/or products and links to third party websites. These may not be the only terms, agreements and conditions that apply to your use of this website. You may be subject to additional terms, agreements and conditions that affect specific information, goods, services and/or products that you access, use or obtain from this website or from third parties that offer information, goods, services and/or products through this website. This website and its owners and representatives are not responsible for information, goods, services and/or products that you access, use or obtain from third parties through this website or that are offered through links from this website. We are not responsible for any other websites that you may link to from this website. We are not responsible for any information, goods, services and/or products offered to you through third party websites. By using this website, you acknowledge, accept and agree that you are making certain affirmations that include, but are not limited to (i) that you are eighteen (18) years of age, (ii) you are legally emancipated, (iii) legally free from the disability of minority, (iv) are acting under parental or guardian consent; that you are fully aware, able and competent to understand and accept all of the terms, conditions, representations, obligations, warranties, affirmations, waivers, limitations and releases contained in these Terms and Conditions of Use and our Privacy Policy; and that you are committed to be bound by, adhere to and comply with these Terms and Conditions of Use and our Privacy Policy.

RESTRICTIONS AND LIMITATIONS OF USE

Your permission, access and license to use this website are strictly conditioned upon your adherence to the restrictions and limitations of use that are listed below. You are hereby granted permission and authorization to access and use this website as described in these Terms and Conditions of Use conditioned upon strict compliance with the following provisions:

1. You will not upload video/audio submissions for any purpose other than to depict real estate that you own or have a valid contract with the owner that is being offered for sale, lease or vacation rental.
2. You will not use this website or any of its software, content, branding and logos, images, video, audio, photos, user/customer comments, user/customer video, audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that is intended or has the effect of presenting content or information that is fraudulent, deceptive, misleading or false.
3. You will not change, distort, decode, decompile, block, disable, impair, alter or modify any part of this website or its features, including its software, content, branding, and logos, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features.
4. You will not copy, display, distribute, link to or link from any content, branding and logos, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features on this website without the prior express written permission from this website’s owners or its representatives.
5. You will not access any user/customer video/audio/photo submissions or other content displayed or contained within this website through any system, methodology, technology or means other than by the normal operation of the website, the Video/Audio Content Player or other method expressly authorized by this website’s owners or its representatives.
6. You will not engage in the sale of marketing or advertising services related directly to the content, images, video, audio, photos, user/customer comments or user/customer video/audio/photo submissions on this website or third party websites without the prior express written permission from this website’s owners or its representatives.
7. You will not use this website in any manner for the intended purpose of or that has an outcome of obtaining advertising or subscription revenue without the prior express written permission from this website’s owners or its representatives.
8. You will not charge a fee or receive any consideration from a third party to link to, link from or access any software, content, branding and logos, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features within this website, without the prior express written permission from this website’s owners or representatives.
9. You will not engage in any activity that is intended to or has the effect of competing with this website through the use of this website’s software, content, branding and logos, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features, without the prior express written permission from this website’s owners or representatives.
10. You will include a prominent or automatic link back to this website on each page that the Video/Audio Content Player functions on your website, if you use the Video/Audio Content Player on your website.
11. You will not employ or make use of any mechanical or automated system (i.e., including, but not limited to, robots, spiders or off-line readers) that has the intended purpose or has the effect of sending messages or making links to or from this website or any of its software, content, branding and logos, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that would occur in any given time period more frequently than an average or normal person could cause using a standard on-line web browser; without the prior express written permission from this website’s owners or representatives.
12. You will not use this website in any manner that is not in strict compliance with these Terms and Conditions of Use; our Privacy Policy; and all applicable local, state, federal and international laws and regulations that control or regulate your actions and activities.
13. You will not use this website or any of its software, content, branding and logo, images video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that this website’s owners or representatives decide, in their sole discretion and subsequently inform you in writing, is not appropriate or permitted.
14. You will not use this website or any of its software, content, branding and logos, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that is intended to or has the effect of harassing, defaming, insulting, offending, inflaming, irritating, abusing or annoying any person or entity.
15. You will not use this website or any of its software, content, branding and logos, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that is intended to or has the effect of violating the intellectual property rights of any person or entity.
16. You will not change, distort, block, disable, impair, alter, modify or interfere with security tools and features of this website, particularly those that are intended to secure or protect personal identifiable information; credit card information, access, use, copying or distribution of the content of this website or its features.

PRIVACY

Please review our Privacy Policy notice relating to this website, which also governs your use and visit to this website.

COMMUNICATIONS BETWEEN US AND YOU

Each time you visit this website or send us an e-mail, you are communicating with us electronically. By and through your use of this website, you consent to receive communications from us and particularly to receive electronic communication from us. Your consent allows us to communicate with you by e-mail, by posting notices on this website, by telephone, by mail or any other available means of communication. You accept and agree that all agreements, notices, disclosures and other communication that are provided to you by electronic means shall satisfy any legal requirement that such communication be in writing.

COPYRIGHT

All text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software included or contained in this website are the property of this website, its owners, representatives or its business affiliates and are protected by United States and international copyright laws. The entire compilation of assembled text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations and software is the exclusive property of this website and its owners and is protected by United States and international copyright laws.

TRADEMARK

This website and its owners claim all rights and privileges in its graphics, logos, page headers, button icons, scripts and service names that are trademarks, registered trademarks or trade dress of this website or its owner, both in the United States and all other countries. This website’s and its owner’s trademarks and trade dress may not be used in any manner or in connection with any product or service that is not owned by this website and its owners or expressly authorized by this website and its owners. This website’s and its owner’s trademarks or trade dress may not be used in any manner that is likely to cause confusion among the public, potential customers or consumers and may not be used in any manner that disparages or discredits this website, its owners or representatives. All other trademarks are not owned by this website or its owners that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by this website or its owners.

PATENTS

One or more patents owned by or licensed to this website or its owners and/or its business affiliates may apply to this website or to the features and services that are accessible through this website. This website, its owners and its business affiliates claim all rights and privileges to any such rights they may have in these patents.

LICENSE AND SITE ACCESS

We may grant you a limited non-exclusive license to access and make use of this website consistent with all terms, conditions and restrictions asserted by this website. The rights, privileges and licenses granted to you or conferred upon you pursuant to these Terms and Conditions of Use may not be assigned or otherwise transferred by you, but all rights, privileges and licenses granted by you to this website are fully transferrable and assignable by this website and/or its owners.

You are not permitted to download (other than page caching) or modify any portion of the content of this website except as permitted herein or otherwise permitted with the express written consent of this website, its owners or representatives. This license does not permit any resale of access or use of this website or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this website; any downloading or copying of account information for the benefit of another individual, business, person, merchant or other entity; or use of any data mining, robots, or similar data gathering and extraction tools other than as expressly permitted herein. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from us.

You are not permitted to frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this website or its owners without express written consent from this website, its owners or representatives. You may not use any meta tags or any other “hidden text” utilizing this website’s, its owners’ or representatives’ name or trademarks without express written consent from this website, its owners or representatives. Any use by you of this website or any website content that is not expressly authorized will terminate and void the permission and/or license granted to you by us. Your permission and/or license to use this website and its content are limited, revocable and nonexclusive. You may create a hyperlink to the homepage of this website so long as the hyperlink does not portray this website, its owners, or its goods, products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without express written consent from this website, its owners or representatives.

THE WEBSITE ACCOUNT YOU CREATE

You are responsible for maintaining the confidentiality of your website account and password and for restricting access to your computer. You accept and agree that you bear sole and exclusive responsibility for all activities that occur through use of your account and/or password with this website. We do not intend to sell or market any goods, services or products to children or minors. We intend to sell and market goods, services and products to adults, who can make purchases with a credit card or other permitted payment method. If you are under 18, you may use this website only with the permission, approval, supervision and direction of a parent or guardian. We reserve the right to refuse service, terminate accounts, terminate services, terminate website features, remove or edit content or cancel orders in our sole discretion.

COMMUNICATION, COMMENTS AND OTHER CONTENT SUBMITTED BY YOU

In some circumstances we may permit you to submit for display within this website content which may include, but not be limited to, communication, comments, reviews, texts, graphics, logos, button icons, data, images, photos, audio clips, video clips, and/or other content; and to submit suggestions, ideas, contents, questions, or other information, provided that what you submit is not illegal, offensive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise harmful or objectionable to any other person or entity; and provided that it does not consist of or contain software viruses, Trojan horses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, a fictitious name or otherwise take any action that is intended to or has the effect of misleading anyone as to the origin or substance of any content that you may submit. We reserve the right, but do not assume any responsibility or obligation to monitor, edit, review or remove any activity or content you or others may engage in or submit with regard to this website and we do not routinely review the activities of website users or content submitted by website users. The visual depictions of real property that you submit or upload must be in video form and may not comprise or consist of still photo images.

When you do submit content, you accept and agree that you have granted to this website, its owners and representatives, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub- licensable and transferable right to market, sell, rent, assign, reproduce, modify, alter, adapt, archive, compile, to perform analytics upon, publish, translate, create derivative works from, distribute, transfer and display such content throughout the world in any media at no cost, burden expense, charge or obligation to us. You accept and agree that you grant to this website, its owners and representatives and their sub-licensees and/or assigns the right to use your name, personal identifiable information and/or likeness that you submit in connection with such content, if we/they choose for any lawful purpose, including marketing purposes. You accept and agree that you hereby grant and convey to each user, visitor and customer of this website a non-exclusive license to review and access any content that you submit to this website and that they may use, display, distribute, reproduce, publish, adapt, create links to or from and make comments about such as content as permitted or authorized by these Terms and Conditions of Use. You accept, agree, represent and warrant that you own or otherwise control all of the rights to the content that you submit to us; that the content is accurate; that any use of the content you submit to us does not violate this policy and will not cause injury to any person or entity; and that you will indemnify this website, its owners and representatives, its website users, sub- licensees, assigns, successors and business affiliates for all claims resulting from content submitted by you. We have the right, but do not assume any responsibility or the obligation to monitor, edit, review or remove any activity or content you or others may engage in or submit with regard to this website. We take no responsibility and assume no liability for any activity of and/or content posted by you or any third party.

SUBMITTING COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your property or work has been copied or used in any manner that constitutes copyright infringement, please submit your detailed concerns or complaints to us in writing as soon as possible so that prompt action may be taken to investigate the matter appropriately.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your property or work has been copied in any way that constitutes copyright infringement and you wish to file a copyright infringement notification with us, you will need to provide our website copyright agent a written communication that provides substantially the information specified below. We will investigate the allegations in your notification. We reserve the right to forward your notification to the person or entity that provided the allegedly infringing material to us or is allegedly making unauthorized use of the material. Please note that this procedure is exclusively for notifying us that you believe that your copyrighted property or work has been infringed. You may wish to consult with legal counsel of your choosing and/or review the Digital Millennium Act section 512(c) (3) to confirm that you comply with the necessary requirements. Be advised that Section 512(f) of the Digital Millennium Copyright Act provides that liability may be imposed on any person who knowingly materially represents that a work, material or activity is infringing on an alleged copyright interest.

• An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest that is or has been allegedly infringed;
• A descriptive identification of the copyrighted property or work that you claim is being or has been infringed upon or, if numerous copyrighted works appear on this website that are intended to be covered by one notification, a detailed representative list of the property or works that appear on this website that are the subject of the claim;
• A description of where the material that you claim is infringing is located on this website. Providing URLs to the copyrighted property or work that is the subject of your claim will better assist us in locating the copyrighted property or work that is the subject of your complaint;
• Your full legal name, address, telephone number and e-mail address, so that we or the service provider can contact you concerning your claim;
• A statement by you that you have a good-faith belief that the use of the copyrighted property or work is not authorized by the copyright owner, its agent or the law;
• A statement by you, under penalty of perjury, that the above information supplied in your notice of claim is accurate and that you are the copyright owner or that you are an authorized agent to act on behalf of the copyright owner of the exclusive right that is being or has been allegedly infringed.

Our website Copyright Agent for notice of claims of copyright infringement on this website should be reached as follows:

RISK OF LOSS

You agree and accept that you assume all risk of loss for the failure of electronic delivery of any goods, services, or products, if such failure is the result of trouble or defects of your software, your hardware, your computer, your ISP provider, the internet or any other cause outside of this website’s own servers. Any item that you purchase from us is purchased according to a shipment contract, if delivery is intended to be done other than by electronic means. If delivery is intended to be accomplished by other than electronic means, all risk of loss and title for such items that you purchase shall pass to you upon our delivery of the purchased item to the carrier.

INDEMNIFICATION

You acknowledge, accept and agree to defend and hold harmless this website, its owners, officers, directors, employees, agents and representatives from and against any and all claims, causes of action, obligations, duties, responsibilities, damages, losses, liabilities, debts, costs, expenses, attorney’s fees and expenses, court costs, litigation fees and expenses, and costs and expenses of arbitration and/or mediation associated with or arising from (i) your use of this website and use by another through your website account or by using your password; (ii) your access to this website and use by another through your website account or by using your password; (iii) any violation by you of any term or condition of the Terms and Conditions of Use of this website; (iv) any violation of any third party right, benefit, privilege or license, including but not limited to copyright, patent or other intellectual property right; or (v) any claim that content provided by you to this website caused any harm or damage to a third party. You acknowledge, accept and agree that the provisions of this paragraph shall survive the termination of your use of this website for any reason, whether voluntary or otherwise, and the Terms and Conditions of Use.

DESCRIPTION OF GOODS, SERVICES AND PRODUCTS

We attempt to be as accurate as possible when describing goods, services and products within this website. However, we do not warrant that goods, services and product descriptions or other content of this website are accurate, complete, reliable, current or error-free. If a good, service or product offered by us is not as described, your sole remedy is to return it in an unused condition and receive a refund, net of shipping and handling costs and charges. If the good, service or product is of a recurring variety, then you agree and accept that your total possible refund will be equal to the charge for the one (1) period in which the recurring good, service or product was intended to be provided or delivered. If a good, service or product of one of our business affiliates or other third party that is offered on this website is not as described, you accept and agree that your sole and exclusive remedy(ies) shall be obtained from the business affiliate or third party that provided the good, service or product (i.e., not from us).

PRICING

Except where noted otherwise, the price displayed for goods, services and products on this website represents the retail price listed for the good, service or product itself, suggested by us, the business affiliate or third party manufacturer or supplier, and does not include any taxes, tariffs, surcharges or shipping charges. The displayed price is a comparative price estimate and may or may not represent the prevailing actual price in every area on any particular day. We will confirm the price of a good, service or product you order directly from us at the time of purchase. Please be aware that this policy applies only to goods, services or products sold and shipped by us. You are solely responsible for confirming the price of a good, service or product that you purchase from our business affiliates and other third parties at the time you place your order; as these business affiliates and third parties may follow different pricing policies.

OTHER BUSINESSES

Our business affiliates and other third parties, other than us, provide goods, services and products or sell goods, services and products on this website. We also provide links from this website to the websites of business affiliated companies and certain other businesses. You accept and agree that this website and its owners are not responsible for examining and evaluating the goods, services or products of these third parties and this website and its owners do not warrant or represent that the goods, services or products of any of these third parties are good and merchantable for the uses and purposes intended or that the content of their websites is true, correct, accurate or reliable. This website and its owners do not assume any responsibility or liability for the goods, services, products, actions or content of those and any third parties. You should carefully review their terms and conditions, privacy statement and other conditions of use.

DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND WAIVER OF RIGHTS

This website and all information, content, materials, goods, services, products (including software) described, referenced, included on or otherwise made available to you through this website as provided by this website and its owners on an “as is” and “as available” basis, unless otherwise specified in writing. This website and its owners make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, goods, services or products (including software) described, referenced, included on or otherwise made available to you through this website, unless otherwise expressly specified in writing.

You expressly acknowledge, accept and agree that your use of this website is at your sole risk. You further expressly acknowledge, accept and agree that this website and its owners, officers, directors, employees, agents and representatives shall not be liable or responsible in any way for any video, audio, data, photographic, digital graphic, text, images, reviews, comments, communications, logos or other content submitted by any visitor, user or customer of this website or any conduct of a third party that is inaccurate, offensive, derogatory, defamatory, indecent, illicit, objectionable or illegal; you expressly acknowledge, accept and agree that you assume all risk of harm, loss and damage that may result from the foregoing; and you agree to and hereby do waive any and all claims and/or causes of action concerning, relating to or arising out of use of this website.

To the fullest extent possible or permissible by applicable law, this website and its owners, directors, employees, agents and representatives disclaim all warranties, express or implied, including, but not limited, implied warranties of merchantability and fitness for a particular purpose, in connection with this website and your use of this website. This website and its owners, officers, directors, employees, agents and representatives do not warrant that this website or any website that can be linked to from this website; information, content, materials, products (including software) or services included on or otherwise made available to you through this site or that can be linked to from this website; their servers; or e-mail sent from this website are free of errors, inaccuracies, mistakes, mischaracterizations, offensive material, bugs, viruses, Trojan horses or other harmful components. This website and its owners, offices, directors, employees, agents and representatives assume no liability or responsibility for any damages of any kind (whether such damages may be personal injury or property damage) arising from the use of this website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this website, including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise expressly specified in writing. Additionally, this website and its owners, officers, directors, employees, agents and representatives assume no liability or responsibility for and you expressly waive any and all claims arising from (i) any use of this website or its content that is not authorized or permitted (ii) any termination or interruption of the transmission to or from our website (iii) any lost profits or revenues, regardless of whether such losses were foreseeable or anticipated; (iv) any unauthorized use or access of our secure servers, including any use or access of personal, financial or other information maintained or stored in said servers, or (v) any omissions or errors in video, audio, data, photographic, digital graphic, text, images, reviews, comments, communications, logos or other content.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

APPLICABLE LAW

By visiting and/or using this website, you accept and agree that the laws of the State of California, without regard to the principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and this website and/or its owners.

DISPUTES

Any dispute involving this website and/or its owners relating in any way to your visit to or use of this website or to goods, services or products advertised, marketed, sold or distributed by this website and/or its owners or through this website shall be adjudicated in any state or federal court in Los Angeles County, California, and you consent to the exclusive jurisdiction and venue in such courts without regard to any conflicts of laws, statues or principles. If any terms or condition contained herein is deemed to be invalid by a court of competent jurisdiction, then the remaining portions of these Terms and Conditions of Use shall remain in full force and effect to the fullest extent possible and shall not be affected by the invalid provisions. Any waiver of a condition or term of these Terms and Conditions of Use by this website, its owners, officers, directors, employees, agents or representatives shall not be deemed to constitute or permit a future, continuing or other waiver of any other term or condition and any failure to assert enforcement of a condition or term of these Terms and Conditions of Use shall not constitute a waiver of such condition or term. You expressly agree that any and all claims and/or causes of action concerning, relating to or arising out of use of this website or otherwise concerning or relating to this website must be commenced within one (1) year from the date the claim or cause of action accrued and, if not commenced within this one (1) year, will otherwise be forever and permanently barred.

SITE CONDITIONS, POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to this website, its policies, these Terms and Conditions of Use and our Privacy Policy at any time. Your continued use of this website after any such changes shall constitute your acceptance and agreement to be bound by these changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, any such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.