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Attn: Copyright Agent
Producer Confidential, Inc.
244 Fifth Avenue, Suite 2311
New York, NY 10001
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THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND Producer Confidential OR BETWEEN YOU AND ANY OF Producer Confidential’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Producer Confidential’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
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The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
You agree that any dispute, of any nature whatsoever, between You and Producer Confidential arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in New York, New York unless You and Producer Confidential mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of New York and JAMS' Streamlined Arbitration Rules & Procedures (the “JAMS Rules”). A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Producer Confidential will reimburse You for those fees if Your claims against Producer Confidential total $10,000 or less, unless the arbitrator determines those claims are frivolous. Likewise, Producer Confidential will not seek attorneys’ fees and costs in arbitration if Your claims against Producer Confidential total $10,000 or less, unless the arbitrator determines those claims are frivolous.
You and Producer Confidential agree that any arbitration shall be limited to each Claim individually. To the full extent under the law, (1) no arbitration shall be joined with any other arbitration; (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures; and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
This agreement to arbitrate will not preclude You or Producer Confidential from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Producer Confidential from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, Producer Confidential RESERVES THE RIGHT TO, IN Producer Confidential’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, Producer Confidential may, but has no obligation to, in Producer Confidential’s sole discretion, rescind any services and/or delete from Producer Confidential’s systems all Your Personal Information and any other files or information that You made available to Producer Confidential or that otherwise relate to Your use of the Website or Services. Subsequent to termination, Producer Confidential reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. YOU ACKNOWLEDGE AND AGREE THAT TERMINATION OF THIS AGREEMENT WILL TERMINATE ALL OF YOUR RIGHTS IN THE PAID GOODS AND SERVICES YOU PURCHASED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION DIGITAL GOODS SUCH AS BADGES. YOU HEREBY AGREE THAT THERE ARE NO REFUNDS FOR PAID GOODS AND SERVICES UPON TERMINATION.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1–5, 7–10, and 12–21 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed Producer Confidential.
All notices required or permitted to be given under this Agreement must be in writing. Producer Confidential shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Producer Confidential. You agree that any notice received from Producer Confidential electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH Producer Confidential IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY Producer Confidential OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Producer Confidential by means of an email to support@ [the domain above].com
This Agreement constitutes the entire agreement between Producer Confidential and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Producer Confidential or by the unilateral amendment of this Agreement by Producer Confidential and by the posting by Producer Confidential of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Producer Confidential. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Producer Confidential are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the Producer Confidential Parties and the Indemnified Parties as and to the extent set forth in Sections 15, 19, 23 and 25(e), and Producer Confidential’s licensors and suppliers as and to the extent expressly set forth in Section 21, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to Producer Confidential and Producer Confidential’s licensors and suppliers, and would therefore entitle Producer Confidential or Producer Confidential’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
244 Fifth Ave, Suite 2311 New York, NY 10001
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