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TERMS OF USE
Last updated December 17, 2021
Hello, and welcome to the Get It Made X Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
• Outline your legal rights as a user of or participant on Get It Made X
• Explain the rights you give to us when you collaborate with us and participate in Get It Made X
• Describe the rules everyone needs to follow as part of the community of Get It Made X
Please read these Terms, our Privacy Policy, and any other terms referenced in this document carefully. We hope you’re sitting comfortably and listening to some great music. Here we go…
AGREEMENT TO TERMS.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Absurd Hero Productions, LLC ("Absurd Hero Productions", “we”, “us”, or “our”), concerning your access to and use of the Get It Made X website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, including any collaborative interactive medium operated by or controlled by us (collectively, “GIMx”). You agree that by accessing GIMx, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, INCLUDING ANY AMENDMENTS THERETO, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR PARTICIPATING IN GIMX AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on GIMx from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of GIMx after the date such revised Terms of Use are posted.
The information provided on GIMx is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access GIMx from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use GIMx. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using GIMx. We do not market to children under the age of thirteen (13) and do not allow persons under such age to access GIMx.
YOUR SUBMITTED INFORMATION.
Except as otherwise specified in any program rules (the “Program Rules”) governing any specific contest or other program offered by us, you retain the rights in and to any information, including, but not limited to, questions, comments, suggestions, ideas, and feedback (your “Submitted Information”) that you submit, post, upload, or otherwise deliver to GIMx. You shall not transfer or assign title in and to your Submitted Information to us but you do grant us a perpetual, royalty-free, fully paid-up, non-exclusive and irrevocable license to display, reproduce, publish, and use your Submitted Information on GIMx. You hereby warrant that any Submitted Information is proprietary to you or that you have the right to submit, post, upload, or otherwise deliver such Submitted Information to us or to GIMx. You also grant us the additional license to modify, adapt, translate, create derivative works from, and distribute the same based upon Submitted Information or incorporate Submitted Information into our proprietary information or materials.
You are prohibited from posting or otherwise uploading to GIMx any material that infringes on any copyright, trademark, trade names, trade secrets, or other proprietary rights of another (including publicity and privacy rights); material that is obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable; or material that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violates any law. You also represent that you have all necessary rights to submit, upload, or post any material that you submit, post, or otherwise upload to GIMx.
You are further forbidden from distributing or otherwise publishing any material on GIMx that contains any solicitation of funds or, promotion, employment, advertising, or solicitation for goods or services; sending unsolicited commercial e-mail and other advertising, promotional materials or other forms of solicitation to other users of this site; harvesting names and e-mail addresses from other users of this site without their permission; soliciting passwords from other users; impersonating other users; or sending viruses or other destructive or expropriating content
We reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity, defamation, or which, in our reasonable opinion, violates these Terms of Use, or to review or edit such materials as appropriate.
PROJECTS. In addition to these Terms, we provide specific Program Rules and other documentation for certain activities on GIMx, including projects and other competitions (collectively "Projects") conducted by us. These Terms are incorporated by reference into the Program Rules. To the extent that any conflict exists between these Terms and the Program Rules, the Program Rules shall govern.
OTHER INTELLECTUAL PROPERTY RIGHTS.
Except as otherwise indicated, GIMx and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, website design, electronic product design, and animation) are owned by us and are protected by domestic and international copyright, trademark, and other intellectual property laws. We hereby give you permission to download and print materials from GIMx for the sole purposes of viewing, reading, and retaining for reference the materials for your personal and non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on GIMx, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify any material on GIMx. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
You may not access GIMx or be a member of our community if you are our direct competitor, except with our prior written consent. In addition, you may not access GIMx or be a member of our community for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
COPYRIGHT COMPLAINTS.
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyrights of others.
If you believe that your work has been copied and is accessible at GIMx in a way that constitutes copyright infringement, or that GIMx contains links or other references to another online location that contains material or activity that infringes your copyright(s), you may notify us by providing us the following information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act ("DMCA"):
Your contact information
The name of your copyrighted work
The URL on GIMx that hosts or provides access to your copyrighted work
A statement that you have not authorized GIMx to use your copyrighted work
A statement that the information you provide to us is accurate
Your electronic signature
USER REPRESENTATIONS.
By using GIMx, you represent and warrant that: (1) all registration information you submit, including user registration information, will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity to enter into these Terms of Use and you agree to comply with these Terms of Use; (4) you are not a minor under the age of thirteen (13), or if you are a minor greater than the age of thirteen (13), you have received parental permission to use GIMx; (5) you will not access GIMx through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use GIMx for any illegal or unauthorized purpose; and (7) your use of GIMx will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of GIMx (or any portion thereof).
USER REGISTRATION. You may be required to register a user account with GIMx. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
DEFINITION OF “GUARANTEED PATH TO PRODUCTION.”
You acknowledge and agree that you clearly understand that GIMx defines their legally binding guarantee, marketed and described as a “Guaranteed Path to Production,” to produce a short film for each writer in only one of two ways:
you win a free script competition sponsored by us, or
in the event you do not win such a competition, but you accumulate sufficient “Membership Dues” or “Production Points” (where such terms are defined by us), where the conversion of such “Membership Dues” or “Production Points” converts, at a rate determined by us, to a converted amount that is more than or equal to the lowest cost of production, as defined by us, required to produce a concept film based upon your short script to be produced.
Should you win a competition as described in Section 8(a)(i), we retain the full and sole right to determine the production budget for your winning script and the third-party contractors and talent to be retained for the production of your script.
To qualify for the option described in Section 8(a)(ii), you must have continually paid any and all membership fees without interruption from the day on which you signed up for GIMx.
Should your script be produced under as described in Section 8(a)(ii), we retain the full and sole right to determine the production budget for your script and the third-party contractors and talent to be retained for the production of your script.
PROHIBITED ACTIVITIES.
You may not access or use GIMx for any purpose other than those for which we make GIMx available. GIMx may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of GIMx, you agree not to:
Systematically retrieve data, including retrieval by means of any type of “scraping” or other automated data collection technique, or other content from GIMx to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of GIMx or any information hosted by or provided by GIMx. “Unauthorized use” includes collecting usernames and/or email addresses of users by electronic or other means, sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on GIMx.
Use GIMx to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of GIMx, including features that prevent or restrict the use or copying of any content/information or enforce limitations on the use of GIMx and/or the Content contained therein.
Engage in unauthorized framing of or linking to GIMx.
Trick, defraud, or mislead us and other users of GIMx, including any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of any electronic system of GIMx, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on any electronic system operated by GIMx or the networks or services connected to GIMx.
Attempt to impersonate another user or person using GIMx.
Sell or otherwise transfer your profile.
Use any information obtained from GIMx in order to harass, abuse, or harm another person.
Use GIMx as part of any effort to compete with us or otherwise use GIMx and/or any proprietary content hosted by or provided by GIMx for any revenue-generating endeavor or commercial enterprise. You further agree that, by agreeing to these Terms, that you shall at no point develop, contract with, be employed by, or materially contribute to a system, platform, organization, or business that directly competes with GIMx.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of GIMx.
Attempt to bypass any measures of GIMx designed to prevent or restrict access to GIMx, or any portion of GIMx.
Harass, annoy, intimidate, or threaten any of our employees or agents.
Delete the copyright or other proprietary rights notice from any GIMx proprietary content, or any content hosted or provided by GIMx.
Copy or adapt GIMx’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of GIMx or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of GIMx.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange format files (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses GIMx, or using or launching any unauthorized script or other software.
Make any statements that, in our opinion, defame, disparage, tarnish the business or personal reputation of, or otherwise harm, us and/or GIMx.
Use GIMx in a manner inconsistent with any applicable laws or regulations.
Cancel your subscription, and any payments owed for your subscription, until the first day of the next quarter beginning after the day on which you cancel.
GUIDELINES FOR REVIEWS.
We may provide you areas on GIMx to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain profanity, or language that could reasonably be deemed to be abusive, racist, offensive, hateful, or contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (3) your reviews should not contain references to illegal activity; (4) you should not be affiliated with competitors if posting negative reviews, or post a review for the sole purpose of promotion of the business offerings of competitors; (5) you should not make any conclusions as to the legality of conduct; (6) you may not post any false or misleading statements; and (7) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
THIRD-PARTY WEBSITES AND CONTENT. GIMx may contain (or you may be sent via GIMx) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through GIMx or any Third-Party Content posted on, available through, or installed from GIMx, including the content, accuracy, reliability, or policies of or contained on the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, permitting the use of, or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use do not govern any Third-Party Websites or any Third-Party Content. You should review the applicable terms and policies of any Third-Party Websites or any Third-Party Content, including privacy and data gathering practices, to which you navigate from GIMx or relating to any applications you use or install from GIMx. Any purchases you make through Third-Party Websites will be from third parties and we take no responsibility whatsoever in relation to such purchases. We do not endorse Third-Party Content or the products or services offered on Third-Party Websites and shall not be liable for any harm caused by such content, products, or services. Additionally, we shall not be liable for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any Third-Party Websites.
SITE MANAGEMENT. We reserve the right, but not the obligation, to: (1) monitor GIMx for susptected violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your use of GIMx should we reasonably determine that you have violated these Terms of Use; (4) in our sole discretion, and without limitation or notice to you, remove from GIMx or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage GIMx in a manner designed to protect our rights and proprietary content and to facilitate the proper functioning of GIMx.
PRIVACY POLICY. We care about data privacy and security. Please review our Privacy Policy at the URL http://getitmade.la/gimx-privacy-policy. By using GIMx, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by reference. Please be advised GIMx is hosted in the United States. If you access GIMx from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of GIMx, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
TERM AND TERMINATION.
These Terms of Use shall remain in full force and effect while you use GIMx. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF GIMx (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN GIMx OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
ANY ATTEMPT TO DELIBERATELY DAMAGE GIMX MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVES THE RIGHT TO TERMINATE YOUR USE OF OR PARTICIPATION IN GIMx AND TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS.
We reserve the right to change, modify, or remove the contents of GIMx at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our GIMx. We also reserve the right to modify or discontinue all or part of GIMx without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of GIMx.
We cannot guarantee GIMx will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to GIMx, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify GIMx at any time or for any reason without notice to you. Nothing in these Terms of Use will be construed to obligate us to maintain and support GIMx or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW. These Terms of Use and your use of GIMx are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
DISPUTE RESOLUTION.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before filing a claim with a court. Such informal negotiations commence upon written notice from one Party to the other Party.
Any suit or action subsequent to the informal negotiations described herein shall be filed in the state and federal courts located in Los Angeles County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party under these Terms of Use be commenced more than one (1) year after the Dispute arose.
CORRECTIONS. There may be information on GIMx that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on GIMx at any time, without prior notice and without notice after making such corrections.
DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT PROVIDED THROUGH GIMx ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF GIMx AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH GIMx AND YOUR PARTICIPATION IN AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF GIMx’S PROPRIETARY CONTENT, THE CONTENT OF ANY THIRD PARTIES HOSTED ON GIMx, OR WEBSITES LINKED TO GIMx.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH GIMx, INCLUDING ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS ON GIMx, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, PARTICIPATION IN, OR USE OF GIMx, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF GIMx AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GIMx, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH GIMx BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA GIMx.
IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF GIMx, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID, IF ANY, BY YOU TO US. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION AND RELEASE. By accessing GIMx, you agree to indemnify, defend, and hold harmless us and our parents, subsidiaries, affiliates, officers, directors, and employees, and officers, directors, agents, and employees from and against any and all claims, liabilities, damages, costs and expenses, including, without limitation, attorneys' fees, arising from (1) your use of GIMx in contravention of these Terms of Use, (2) any of your actions that constitute willful infringement of any proprietary rights of third parties in or to any material that you submit, post, upload, or otherwise deliver to GIMx, or (3) your violation of your warranty that you have the right to submit, post, upload, or otherwise deliver Submitted Information to GIMx.
USER DATA. We will maintain certain data that you transmit to GIMx for the purpose of managing the performance of GIMx, as well as data relating to your use of GIMx. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using GIMx. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Certain of the data you submit to us may be governed under the terms of our Privacy Policy.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.
Contacting us through GIMx, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on GIMx, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS.
These Terms of Use, and any policies or operating rules posted by us on GIMx or in respect to GIMx, constitute the entire agreement and understanding between you and us. These Terms of Use operate to the fullest extent permissible by law.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time. You may not assign any or all of your rights or obligations under these Terms of Use. These Terms of Use will bind our and your successors-in-interest.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any “Acts of God” or causes beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or your use of GIMx.
You agree that these Terms of Use will not be construed against us by virtue of us having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
GIMx is not intended for use by children under the age of thirteen (13), and children under the age of thirteen (13) are not eligible to participate in any Get It Made projects, contests or activities.
CONTACT US. In order to resolve a complaint regarding GIMx or to receive further information regarding use of GIMx, please contact us at:
ABSURD HERO PRODUCTIONS, 11333 MOORPARK STREET #50 STUDIO CITY, CA 91602 USA