IF YOU HAVE QUESTIONS ABOUT ANY OF THESE AGREEMENTS, YOU CAN CONTACT US AT SUPPORT@THECUELIST.COM.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
Cuelist Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use Cuelist Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING CUELIST SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE.
2. HOW TO WITHDRAW YOUR CONSENT
You have the right to withdraw your consent to this Agreement and revoke your THECUELIST.COM registration at any time by deleting your account from your User Account page on our website. Upon receipt of your notice, we will permanently delete your account and remove the information in your user profile from all publicly accessible THECUELIST.COM web pages. This means that you will no longer be able to use the Service unless you re-register. However, relevant provisions of this Agreement that by their nature may survive its termination will remain in effect after you close your account. Furthermore, some data, as described in Section 7 below, may be retained and used by THECUELIST.COM even after you terminate your registered account.
3. HOW YOU SHOULD PROTECT YOUR PERSONAL INFORMATION
You will be asked to select a password when you register. You are responsible for all activities performed by any person that occur under your account and are solely responsible for protecting the confidentiality of your password. Exercise caution when accessing your account from a public or shared computer and be sure that no one can view your password and other personal information displayed on your screen. If you share your computer, disable “Remember Me,” Autocomplete, and other features that may let other parties learn your confidential information. You should also be sure to log out of your THECUELIST.COM account at the end of each session. THECUELIST.COM is not liable for loss or damages arising from your failure to take any of these precautions.
You promise to notify THECUELIST.COM of any unauthorized use of your account or of any other breach of security as soon as you learn of it.
4. NON-REFUNDABLE PAID SERVICES
Some features of our website and Service are available only to users who have registered and opened an account. You will be asked to set up a registered account and pay any associated fees before you can use related THECUELIST.COM products and Services. All payments made to THECUELIST.COM are non-refundable.
5. INDEMNIFICATION AND WARRANTIES
You represent and warrant that all content you upload to THECUELIST.COM website does not infringe the intellectual property rights, including, without limitation, copyrights, trademarks, patents, and rights of privacy and/or publicity, of any third party, and that you have obtained any necessary consents and releases from third parties.
You agree to indemnify, defend, and hold harmless EPSTEIN ENTERPRISES LLC and its subsidiaries, affiliates, officers, directors, owners, agents, information providers, licensors and licensees, advertisers, third-party content-providers and licensors, and other partners and employees, (collectively, the "Indemnified Parties") from any loss, liability, claim, or demand made by a third party and arising: 1) out of your use of the Service in violation of this Agreement; 2) from a breach of this Agreement; or 3) from any breach of your representations and warranties contained herein. This indemnification extends to the award of attorneys' fees and other defense costs incurred by EPSTEIN ENTERPRISES LLC in any legal dispute.
You will cooperate with us as fully as reasonably required in the defense against such claims. EPSTEIN ENTERPRISES LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
EPSTEIN ENTERPRISES LLC's software, Services, and products are provided as-is and we will take every reasonable step to ensure that they are reliable and secure. You agree that EPSTEIN ENTERPRISES LLC and the Indemnified Parties will not be liable to you or to any third party for losses caused by your use or reliance on information obtained through or content distributed by EPSTEIN ENTERPRISES LLC.
EPSTEIN ENTERPRISES LLC and the Indemnified Parties will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages or injury: 1) arising from the use of or inability to use EPSTEIN ENTERPRISES LLC'S websites, products, or Services; 2) arising from the breach of any warranty; or 3) caused by an error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, failure to perform, or theft, destruction, hacking, cracking, or other unauthorized access to or alteration of the THECUELIST.COM websites or our Service, software, or other products. This holds true regardless of whether such claims are based on legal theories of contract, tort, negligence, strict liability, or any other cause of action, and regardless of whether users have actual knowledge of the possibility of such damages. If your jurisdiction restricts the right to limit liability in this way, this Section may not apply to you. But even in that case, our liability will not exceed the sum of $100 US.
EXCEPT AS OTHERWISE PROVIDED IN WRITING HEREIN, EPSTEIN ENTERPRISES LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE.
6. WE MAY MONITOR USER BEHAVIOR
7. SERVICE INTERRUPTION
You agree that EPSTEIN ENTERPRISES LLC is not liable for damages and losses due to interruption of our Service, regardless of the cause of the interruption.
8. THIRD-PARTY MATERIAL AND WEBSITES
Opinions, advice, statements, offers, reviews, or other information or content made available by third parties on or through our website or Service are the property of their respective authors, who are solely responsible for their content. EPSTEIN ENTERPRISES LLC does not guarantee the accuracy, completeness, or usefulness of any such information, whether published by EPSTEIN ENTERPRISES LLC, our Partners, or our users.
By uploading your project to THECUELIST.COM, you grant us the right to submit your scripts to our Partners for analysis or conversion. EPSTEIN ENTERPRISES LLC makes no representations regarding our Partners’ Services or their websites and we are not responsible for any infringement by these parties of your intellectual property rights in your script, including rights of privacy or publicity, or of any other legal rights you claim.
9. CLAIMS OF COPYRIGHT INFRINGEMENT: TAKEDOWN NOTICES AND COUNTER-NOTICES
If you believe that any material or content distributed or posted on THECUELIST.COM infringes your copyright, we will remove it upon receiving a valid takedown notice from you, as described in and in compliance with the federal Digital Millennium Copyright Act § 512(c). You should send us the notice via email to firstname.lastname@example.org, or by mail to:
350 Santa Inez Way
La Canada, CA 91011
EPSTEIN ENTERPRISES LLC will evaluate your claim and, if it appears reasonable and legally sufficient, will remove the offending content from our website.
Legally proper takedown notices must include the six pieces of information listed below. If your notice does not substantially comply with this requirement, your rights as a copyright holder may be compromised. Your notice must include:
A copy of the work you claim to be infringed. If you claim infringement of multiple works, you should provide a representative list that contains identifying information for each item;
The URL of the page on which the material is posted;
Your contact information including your address, telephone number, email address;
A statement that you have a good-faith belief that the allegedly infringing material has been posted or distributed without authorization by the copyright owner, its agents, or a relevant law or government regulation;
A statement that “under penalty of perjury, the information contained in this notification is accurate” and that you are (or are authorized to act on behalf of) the true copyright owner;
Your physical or electronic signature. A brief description of electronic signatures can be found in the Wikipedia at: http://en.wikipedia.org/wiki/Electronic_signature.
When we receive a proper takedown notice, we immediately launch an investigation. If we find any reasonable chance that the material you identify does indeed infringe a valid copyright, we will remove that material from our website or block access to it. We'll also promptly notify the person who posted it. Our goal will be to remove the content within 48 hours of receiving proper notice, but in complicated situations, this process could take as long as two weeks.
If we remove or block material that you have posted because another person has claimed that it infringes a valid copyright, we will give you the chance to contest that claim in a counter-notice. You should promptly send the counter-notice to us through any of the acceptable methods for sending takedown notices. If your counter-notice substantially complies with the legal requirements listed below, we will restore your material no later than 10-14 days of receipt, regardless of whether it is ultimately determined that your material actually does infringe. If the person filing the original takedown notice sues you in court, however, we cannot restore your material until the court case concludes.
Your counter-notice must include:
Reasonable identification of the material that has been removed or blocked and the URL of the page where it been posted;
A statement that says that under penalty of perjury you have a good-faith belief that the material was removed or blocked because of a mistake or misidentification;
Your contact information, including your address, telephone number, email address;
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your physical address is located. If you don't live in the United States, you may specify any federal judicial district in which EPSTEIN ENTERPRISES LLC. may be found. You must also state that you consent to accept Service of process from the person who submitted the takedown notice “in compliance with section (c)(1)(C) of the Digital Millennium Copyright Act”;
Your physical or electronic signature.
10. CHANGES WE MAKE TO OUR SERVICE
We may alter, suspend, discontinue, or add terms to any aspect of the THECUELIST.COM websites, our Service, or our other products at any time without liability or notice to you. We may limit the availability of any Service feature, database information, or other content and may restrict your access to parts or all of the Service without liability or notice .
11. CHOICE OF VENUE FOR LEGAL DISPUTES
If you become involved in a legal dispute with EPSTEIN ENTERPRISES LLC or in a legal dispute that arises out of your or another party's use of our website, products, or Service, you agree that the dispute will be governed by the laws of the State of California, regardless of California's conflict-of-law rules. You also consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Los Angeles County, for the resolution of that dispute.
15. STATUTE OF LIMITATIONS
You agree that, regardless of any law to the contrary, any claim or cause of action arising from or related to the use of our Service, website, or other products that you don't file within one year after it arose will be forever barred. The failure of any party to exercise a right provided by this Agreement is not a waiver of further rights under the terms of the Agreement.
16. INTEGRATION & THIRD-PARTY BENEFICIARIES
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to permit the rest of the Agreement to remain in effect. This Agreement may be assigned in whole or in part, transferred, or sub-licensed only with EPSTEIN ENTERPRISES LLC's prior written consent. This Agreement does not create any agency, partnership, joint venture, or employment relationship.