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Effective Date: October 15, 2021
This Terms of Service (“Terms”) is an agreement between you and Hurlbut Visuals, Inc. (“Hurlbut Visuals”, “us”, “our” or “we”) and sets forth the legally binding terms for your use of our new educational website https://filmmakersacademy.com (and its subdomains) or any other Filmmakers Academy website or webpages (such as the Filmmakers Academy Facebook and Instagram pages) (the “Site”), as well as in connection with any of our sales or educational activities or other products or services available on our Site (“Services”).
These Terms apply to your use of the Site and the Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Site or Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTIONS 16 or 17 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the document into the following sections:
1. WHO WE ARE
Hurlbut Visuals, Inc. is a U.S. based company that provides subscription-based content and educational programs and other related services. Filmmakers AcademySM is our newest platform for providing our Services, which include the services and products offered by Shane Hurlbut and other established educators in the filmmaking field.
2. ACCEPTANCE OF TERMS
Agreement to the Terms. Each time that you access or use our Site or Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms you must discontinue using the Site and Services.
Eligibility. You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you reside to use the Site and Services or become a member and by registering with us you attest that you have reached the age of majority and have the legal capacity to be legally bound by these Terms.
Electronic Form/Communications. By accessing or using the Site or Services you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
3. ACCOUNT AND CONTACT INFORMATION
Access to the Site and Services. Our Services are offered both to Members and non-Members. You do not need to register as a member to access and browse some sections of the Site or Services, but you may not be able to access all of the features of the Site or Services unless you register with us and create an account. If you are browsing the Site or Services and have not yet registered with us your use of the Site or Services will still be subject to these Terms.
Account. You can create an account by submitting the information required (“Filmmakers Academy Account”). You’ll need to provide a valid email address and a password which you will be required to submit each time you log in. The email address you provide is your username. You must provide accurate, current and complete information during the registration process and keep your Filmmakers Academy Account up-to-date at all times. Any falsification of any information whatsoever may, at Hurlbut Visuals’ option, result in immediate suspension or termination of your right to use the Services.
Security. If you use our Services you are responsible for restricting access to your Filmmakers Academy Account and ensuring that your computer and mobile device are free from malicious content, including content that may track any data you enter via the Services. Your login ID email address (or other unique identifier needed to create an account) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Filmmakers Academy Account. You further agree to notify Hurlbut Visuals immediately of any unauthorized access to your Filmmakers Academy Account or unauthorized use of your Account Information or any other security breach by emailing us at email@example.com.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).
4. USE OF OUR SITE AND SERVICES
Our Site. The Filmmakers Academy site consists of Member areas and the Store. Non-members can have access to courses and other content and services by paying the access fees listed for each course or other content or services.
Memberships and Licensing our Products or Services. Users can become Filmmakers Academy Members (“Members”) by paying the annual fee, which gives Members full and immediate access to all of the courses offered through the Site.
No Refunds for Membership. The pricing for annual Membership has been set at a very low amount to encourage users to become Members and to have immediate and full access to all of the courses on the Site. Accordingly, no refunds of the annual Membership fee will be made.
Hurlbut Academy Membership Expiration. If you are currently a member of the Hurlbut Academy: (a) if you are paying monthly membership fees, you can continue to pay monthly fees for the months of November and December 2021 and January 2022. Thereafter, as of February 2022 you can either become a Member of the Filmmakers Academy or purchase courses in the Store. (b) if you have paid for a six month or annual fee for Hurlbut Academy membership you will have access to the Site as a Filmmakers Academy Member until the anniversary date of your Hurlbut Academy membership, after which you can either become a Member of the Filmmakers Academy or purchase courses in the Store.
Hurlbut Academy Membership Credits; January 31, 2022 Expiration. Any credits you may have acquired from the Hurlbut Academy must be spent on the Hurlbut Academy website by no later than midnight January 31, 2022. Credits cannot be used for Filmmakers Academy and have no cash value, so if they are not used for Hurlbut Academy products or services by midnight January 31, 2022, they will expire.
Non-Member Access. Non-Members may pay for access to individual courses in the Store at the prices posted, which are subject to change at anytime at our discretion. Access to courses licensed through the Store will be available for two (2) years from the time of payment and will automatically expire on the second anniversary date of the payment. Payments made as a Non-Member cannot be applied to obtaining a Filmmakers Academy Membership. There are no refunds for paid for courses by Non-Members. If a Non-Member informs us within 48 hours of payment for a course that he/she/they do not like the course, the amount paid for the course can be applied for another course in the Store or toward membership in the Filmmakers Academy.
Purchasing versus Licensing. Although we may refer to “purchasing” our courses, we legally are not selling you and you are not “purchasing” access; instead we are giving you a terminable “license,” that is, a permission, to access the courses on the applicable terms and conditions found elsewhere in these Terms or on the Site. This applies whether you are a Member or Non-Member. Think of it as renting a streaming movie from Netflix – your payment provides access to view the course and content for a specific period of time. As a Member, we are giving you a license to ALL our courses for a year. As a Non-Member, your access for each course is for two years.
Other Services in the Site Store. Both Members and Non-Members can, for additional fees, pay for webinars and personal mentoring services offered in the Store. No refunds will be made for purchases of webinars or personal mentoring services. If you want to cancel a personal mentoring session, you must give no less than 24 hours’ notice in order not to be charged for the session. If you effectively cancel a mentoring session, the fee paid will not be refunded but must be applied to a rescheduled session.
Coupons. Any coupons you may have acquired applicable to Hurlbut Academy must be used by midnight January 31, 2022 and will automatically expire at 12:01AM Pacific Standard Time on February 1, 2022. Coupons cannot be exchanged for cash or any other consideration.
Orders. All prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. If applicable, we will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. All purchases are for your personal use only.
No Binding Offer. Nothing on the Site or otherwise constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of products and/or services ordered for you. There may be information on the Site that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to whether information on the Site is current or the completeness or accuracy of any information on the Site or Services.
Billing Information. When you provide payment information (“Billing Information”) to Hurlbut Visuals or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize Hurlbut Visuals to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Hurlbut Visuals does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. Hurlbut Visuals reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Hurlbut Visuals cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify Hurlbut Visuals if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
Membership Fee Auto-Renewal (“Recurring”) Subscriptions. Unless you advise us otherwise, you authorize Hurlbut Visuals to maintain your account information and charge that account automatically upon the renewal of the annual Membership with no further action required by you. In the event that Hurlbut Visuals is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Hurlbut Visuals, may, in its sole discretion: (i) bill you and suspend your Membership or other Subscription until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
Hurlbut Visuals may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments are nonrefundable and there are no refunds or credits. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access for the applicable product or service through the end of your current subscription period. At any time, and for any reason, we may, but are not obligated to provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
You can cancel your annual Membership subscription by contacting Support at firstname.lastname@example.org and specifically stating that you are cancelling your subscription and your then current annual Membership shall terminate on its anniversary date.
Unless you cancel, your membership will continue and you and the Payment Method you provided will be charged per the offer you accepted.
5. YOUR USE OF THE SITE AND SERVICES
Posting of User Content. The Site or related Filmmakers Academy webpages (such as on Facebook and Instagram) may contain communication services (“Public Forums”) designed to enable you to post and communicate content, such as reviews, photos, videos, or other information or content (collectively, “User Content”) with other members or visitors to our Site or these webpages. You agree that all User Content you submit, post, upload, embed, display or communicate through the Services will comply with these Terms and with the Rules of Conduct set forth herein. You acknowledge and agree that when you post User Content it is available to the public and even if a profile is limited to other Members that you have no expectation of privacy concerning your User Content. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others. Hurlbut Visuals has no obligation to monitor User Content but reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. Hurlbut Visuals specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any such Public Forums. HURLBUT VISUALS IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON OR THROUGH THE SERVICES.
Networking Pages. Hurlbut Visuals may provide Filmmakers Academy Members a Public Forum for Members to post certain personal and professional information for purposes of professional networking (“Public Networking Forum”). You acknowledge and understand that such postings are for professional networking purposes only, are made on your own behalf, and not for use in seeking employment, finding projects or otherwise job hunting. Hurlbut Visuals is not an employment agency. No portion of any fee paid by you to Hurlbut Visuals is applied to or allocated to this Public Networking Forum which is provided without additional charge to Members. As the provider of the Public Networking Forum, Hurlbut Visuals does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any posting, and Members alone are responsible for their public postings. Only the information provided by a Member on this Public Networking Forum will be posted. You agree that as a condition to using this Public Networking Forum that the information you provide is accurate and that you will hold us harmless and indemnify us from any and all claims relating to your posting and any interactions you engage in regarding the posting. If we receive any complaints about you or your posting, we reserve the right to take down your posting or terminate your account.
Monitoring. Hurlbut Visuals reserves the right to monitor all network traffic to the Site or Services and anyone using the Site or Services expressly acknowledges that such monitoring may occur. Hurlbut Visuals may block unauthorized attempts or intrusions to upload or change information or cause damage to the Site or Services in any fashion. You acknowledge that Hurlbut Visuals has no general obligation to monitor User Content (as hereinafter defined) nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any User Content in order to: (i) operate, secure and improve the security of the Site or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to User Content or user conduct that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
Objectionable Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content on or through the Site or Services, you automatically grant (and you represent and warrant that you have the right to grant) to Hurlbut Visuals, its licensees, and their respective successors and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services (“License”).
Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content to the extent that you have such rights under Applicable Laws. By posting or submitting User Content on the Site or any Filmmakers Academy webpages, or through the Services, you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any Applicable Law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and Hurlbut Visuals will have no liability in connection with, your User Content or any other User Content you access through the Services. Your ownership in your User Content does not confer any rights to the Site or Services, nor any rights to other User Content or Hurlbut Visuals Content stored by or on behalf of Hurlbut Visuals.
Limitations on User Content Posting. User Content can only be posted for the educational purposes offered to Members by Hurlbut Visuals and you agree no to post more than the small amount of any User Content required for the educational purposes.
Feedback/Idea Submissions. Hurlbut Visuals does not accept unauthorized idea submissions. Any ideas submitted to Hurlbut Visuals are not confidential and Hurlbut Visuals may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Hurlbut Visuals with any Feedback, you hereby grant Hurlbut Visuals a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Hurlbut Visuals is not required to make any use of any Feedback that you provide. You agree that if Hurlbut Visuals makes use of your Feedback, Hurlbut Visuals is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Hurlbut Visuals to grant Hurlbut Visuals and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
Termination. Hurlbut Visuals may terminate your access to its Site or Services immediately or disable any username, password or other identifier, whether chosen by you or provided by Hurlbut Visuals, at any time without notice, if, in Hurlbut Visuals’ sole opinion, you have violated any provision of these Terms. Termination will not limit any of Hurlbut Visuals’ rights or remedies at law or in equity. No refunds will be made if we terminate your access.
Data Collection Policy. No party unaffiliated with Hurlbut Visuals may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Site or Services without our prior express written permission.
Modification to Site and Services. Hurlbut Visuals has the right to modify its Services and its Site at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Hurlbut Visuals has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Site or Services. Your only right with respect to any dissatisfaction with any modifications made to its Site or Services, or any policies or practices of Hurlbut Visuals in providing its Services is to cancel your account and/or stop using the Site or Services.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Hurlbut Visuals and Hurlbut Visuals is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
6. PROPRIETARY RIGHTS
Ownership of Content and Marks. The Site and Services, including all courses offered and accessible through the Site and Services are owned by Hurlbut Visuals, its affiliates or its licensors (including its Educators), and are protected by intellectual property laws, now knowing and hereinafter devised, including copyrights, patents, trademarks, trade secrets and other proprietary rights. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content and Site are proprietary to Hurlbut Visuals, its affiliates, or its licensors. Our trademarks include Hurlbut Visuals, Shane Hurlbut, Shane’s Inner Circle, Filmmakers Academy and filmmakersacademy.com (the “Marks”).You acknowledge that you do not acquire any ownership rights in any aspect of the Site or Services or in Marks accessed from the Site or Services. You may not frame or utilize framing techniques to enclose any aspect of the Site or Services (including images, video, text, page layout, or form) nor use any meta tags or any other “hidden text” utilizing Hurlbut Visuals, its affiliates’, or its licensors’ name or trademarks without the prior express written consent of Hurlbut Visuals. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Site, Services, or Marks, in whole or in part, without the prior written consent or Hurlbut Visuals.
Our Limited License to You. You acknowledge and agree that the Site and Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Site or Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Hurlbut Visuals grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) the Site and Services (excluding software code) solely for your personal use as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Site or Services in any way that affects any user’s experience. Hurlbut Visuals and its licensors reserve all rights not expressly granted in and to its respective Site, Services, and Marks. You may not use the Site, Services or Marks in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site or Services.
7. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE (U.S. Only)
Filing a Complaint. If you are a user located in the United States, Hurlbut Visuals has designated an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections under the DMCA. We reserve the right to remove any User Content on the Site which allegedly infringes another person’s copyright. We are under no obligation to scan content posted for any violations of third-party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on any Site infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice. If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only (“DMCA Counter-Notice”) that at a minimum includes:
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Hurlbut Visuals, Inc.
4111 W Alameda Avenue, Suite 505
Burbank, CA 91505
Attention: Lydia Hurlbut
8. DISCLAIMER OF WARRANTIES
IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITE OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITE OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS ,INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, HURLBUT VISUALS CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE OR SERVICES. HURLBUT VISUALS MAY RESTRICT THE AVAILABILITY OF THE SITE OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITE OR SERVICES.
9. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND USER CONTENT, AND YOUR POSTING OF ANY USER CONTENT REMAINS WITH YOU. NEITHER HURLBUT VISUALS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES, CONTENT OR USER CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HURLBUT VISUALS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN NO EVENT WILL HURLBUT VISUALS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID TO HURLBUT VISUALS IN THE TWELVE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $50USD IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HURLBUT VISUALS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. YOUR LEGAL LIABILITY
You agree to defend, indemnify and hold harmless Hurlbut Visuals and its licensors and their respective shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third-party claims, charges, and investigations, arising from, relating to, or caused by User Content you post or submit or your failure to comply with these Terms.
CALIFORNIA RESIDENTS’ RIGHTS
If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party..”
12. GEOGRAPHIC RESTRICTIONS
Hurlbut Visuals will provide the Site and Services with reasonable care and skill but makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Site or Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Site or Services.
13.CHANGES TO TERMS OF SERVICE
Hurlbut Visuals will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Service update on the Site for a period of time in our discretion but we encourage you to review these Terms and make note of the “effective date” frequently. Your continued use of the Site and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site and Services.
14. THIRD PARTY LINKS
You may be able to access other websites, mobile applications or resources through links accessed on the Site or through the Services. Because Hurlbut Visuals has no control over such website or mobile applications you acknowledge and agree Hurlbut Visuals is not responsible for the availability of such external website, mobile applications or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does Hurlbut Visuals endorse any such website, mobile applications or resources, or the products or services assessable on such website or mobile applications.
15.ARBITRATION / DISPUTE RESOLUTION FOR U.S. RESIDENTS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute. In the event a dispute arises between you and Hurlbut Visuals (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by writing to Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.
Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND HURLBUT VISUALS EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO HURLBUT VISUALS’ INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver. YOU AND HURLBUT VISUALS EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITE OR SERVICES.
Class Action Waiver. YOU AND HURLBUT VISUALS EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (“Notice”). All Notices to Hurlbut Visuals must be sent to the following address: Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Hurlbut Visuals may commence an arbitration proceeding. Unless otherwise agreed to by you and Hurlbut Visuals in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Hurlbut Visuals agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of California, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Exception to Arbitration. Only disputes or actions pertaining to Hurlbut Visuals’ intellectual property rights, or statutory claims that pursuant to law are not arbitrable, are exempt from arbitration.
Survival. This arbitration provision shall survive termination of these Terms.
Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
16. DISPUTE RESOLUTION NON-U.S. RESIDENTS
In the event of any Dispute, you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to us at firstname.lastname@example.org or to Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505. For a period of 60 days from the date of receipt of notice from the other party, Hurlbut Visuals and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Hurlbut Visuals to resolve the dispute on terms either you or Hurlbut Visuals, in each of our sole discretion, are unsatisfactory. Nothing in this section will prevent a party from pursuing their claims in court or another complaint process.
If your country of residence or establishment is outside the U.S., these Terms will be governed by and interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. This choice of law does not impact your rights as a consumer according to the consumer protection laws of your country of residence. If you are a consumer, you may be able to bring judicial proceedings against us arising from or in connection with these Terms in a court within a jurisdiction according to the laws of your country of residence or the English courts. if you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
If you have any comments, queries or complaints about these Terms or our Services, please contact us at email@example.com.
17. NO RIGHTS OF THIRD PARTIES
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
These Terms, and policies incorporated herein, are the entire agreement between you and Hurlbut Visuals. They supersede any and all prior or contemporaneous agreements between you and Hurlbut Visuals relating to your use of the Site or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Your Legal Liability, Arbitration/Dispute Resolution For U.S. Residents, Dispute Resolution Non-U.S. Residents, No Rights of Third Parties, and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. You may not assign your rights under your Filmmakers Academy Account or this agreement to any third party without Hurlbut Visuals’ prior written permission. Hurlbut Visuals may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Hurlbut Visuals to partially or fully exercise any rights or the waiver of Hurlbut Visuals to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Hurlbut Visuals or be deemed a waiver by Hurlbut Visuals of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Hurlbut Visuals under these Terms and any other applicable agreement between you and Hurlbut Visuals shall be cumulative, and the exercise of any such right or remedy shall not limit Hurlbut Visuals’ right to exercise any other right or remedy. In the event of any conflict or inconsistency between any of these Terms any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
19. CONTACT US.
Please email us at firstname.lastname@example.org, or contact customer service by phone at 747-999-5321 or write to us at Hurlbut Visuals, Inc., 4111 W Alameda Avenue, Suite 505, Burbank, CA 91505 if you have any questions about these Terms.
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.