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PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. This website (the “Website”) is owned  and operated by 3041 Productions LLC, a California Limited Liability Company (“3041”). These Terms and Conditions form a legally binding  agreement between you and 3041. This Agreement governs your access to and use the Website, and our services (collectively, “Your Use”).  Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if  you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.  THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY  CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS  MANDATORY ARBITRATION AGREEMENT,  BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE  ARBITRATION AGREEMENT REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF JURY TRIALS AND CLASS ACTIONS.  Eligibility  In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from  doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not  intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you  are at least 13 years old.  User Conduct  You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or  inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:  (i)   copy, reproduce, rent, lease, loan or sell content retrieved from the Website;  (ii)   modify, distribute, or re-post any content on the Website for any purpose; or  (iii)   use the content of the Website for any commercial exploitation whatsoever.  In using the Website, you further agree:  (i)   not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or  networks connected to or accessible through the Website or an affiliated or linked Website;  (ii)   not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;  (iii)   not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;  (iv)   not to use, frame, or utilize framing techniques to enclose any 3041 trademark, logo, or other proprietary information (including the images  found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without 3041’s express written  consent;  (v)   not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available  through the Website.  (vi)   not to use meta tags or any other “hidden text” utilizing a 3041 name, trademark, or product name without 3041’s express written consent;  (g)   not to deep-link to the Website without 3041's express written consent;  (h)   not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to  access the Website;  (i)   not to collect or store personal data about others;  (j)   not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;  (l)   to be bound by the product submission policies of 3041, if any, including that any product submission you may make to 3041 will not be held  in confidence by 3041 and is not proprietary, that 3041 may use the product submission and any aspect thereof for any purposes in 3041’s sole  discretion and that 3041 owes no duties or obligations with respect to you or the product submission made; and  (m)   to comply with all applicable laws regarding your use of the Website.  Protection of Intellectual Property Rights and License  You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music,  sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected  by copyright, trademarks, patents, or other proprietary rights and laws. Except as expressly provided in this Agreement, nothing contained in this  Agreement or on the Website shall be construed as conferring a license or right, expressly, by implication, by estoppel, or otherwise under any of  3041’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.  Payment Information.   You agree to provide only true, accurate, current, and complete payment information. By purchasing our services, you represent and warrant that you  will only provide payment information which is yours or for which you are authorized to provide. 3041 shall have the right to cancel your order or to  suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment  information to 3041, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order  on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.  Payment Methods.   To use our service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in  case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any  uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account,  we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may  charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment  Method service provider for details.  Updating your Payment Methods.   You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by  the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).  Electronic Communications, Signatures and Agreements  The information communicated on the Website constitutes an electronic communication. When you communicate with 3041 through the Website or  via other forms of electronic media, such as e-mail, Apps, or social media, you are communicating with 3041 electronically. You agree that 3041  may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that  3041 provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing  and signed by the party sending the communication (e.g., by 3041 or you).  You further acknowledge and agree that by clicking on the button labeled “I ACCEPT” or such similar links as may be designated by 3041, you are  submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions  constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes,  regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce  Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, 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 THROUGH THE WEBSITE OR SERVICES OFFERED BY 3041. Furthermore, you hereby  waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original  signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  Termination of Website  You agree that 3041 may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without  prior notice to you, for any reason that 3041, in its sole discretion, deems appropriate. You further agree that 3041 will not be liable to you or to any  third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree  that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding  information provided on the website, disclaimer of warranties with respect to use of the website, limitation on 3041’s liability, and pre-dispute,  mandatory binding arbitration, and class action waiver shall survive any such termination.  Agreement to Resolve Disputes By Arbitration  PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM  THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND  AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO  COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, ARE MORE LIMITED.  Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, 3041, and/or any involved third party  relating to your account, Your Use (defined), your relationship with 3041, or these Terms of Use and Conditions of Purchase. This includes any and  all claims or disputes that relate in any way to your use of the products, your attempted use of the products, and any act or omission by 3041 or any  third party related to your use or attempted use of the products, as well as any claims relating to advertising or representations regarding the  products. You, 3041, or any involved third party may pursue a Claim. 3041 agrees to binding arbitration should it have any Claims against you.  Likewise, you agree to binding arbitration should you have any Claims against 3041. By agreeing to arbitrate, you waive the right to go to court and  agree instead to submit any Claims to binding arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration  Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.  Exceptions to this Arbitration Agreement. As an exception to this arbitration agreement, you and 3041 both retain the right to pursue, in a small  claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. 3041 will not demand arbitration in  connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court.  This arbitration agreement also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or  misuse, or trademark infringement or dilution.  Waiver of Class and Representative Procedures.   The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief  warranted by that party’s individual claim. YOU AND 3041 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN  YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR  REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and 3041 agree  otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or  class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other  customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes  enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the  arbitration and may be brought in court.  Mandatory Pre-Dispute Procedures.   You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against 3041, you will first give us an opportunity to  resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to,  information or representations related to our products and upon which you rely. You may send the written description by Email to  3041productions@sbcglobal.net. You agree to negotiate with 3041 in good faith about your problem or dispute. If for some reason your problem or  dispute is not resolved to your satisfaction within 60 days after 3041’s receipt of your written dispute, you may commence arbitration in accordance  with this agreement.  Commencement of Arbitration.   You and 3041 agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures  outlined above) and that, to the fullest extent permissible by applicable law, any proceeding commenced after 1 year shall be barred.  Exclusive Venue for Other Controversies  You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an  individual action filed in small claims court) shall be filed only in the Superior Court of San Diego County, California, or the United States District  Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction  of such courts for any such controversy.  Modifications to the Agreement  3041 may make changes to these Terms of Use and Conditions of Purchase, from time to time, in its sole discretion, by updating this posting on the  Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use and Conditions of  Purchase constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been  posted. 
Photos, videos and content on this site are the exlusive property of 3041 PRODUCTIONS.
TERMS AND CONDITIONS