PRODUCTIONS PLUS WEBSITE TERMS OF USE

Effective Date: February 14, 2023

ACCEPTANCE OF TERMS OF USE

These terms and conditions of use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) are entered into by and between you and Productions Plus, Inc., a/k/a P+ and its affiliates and subsidiaries (“Productions Plus”, “we,” or “us”). These Terms of Use govern your access to and use of the website https://productionsplus.ibec.me/, which is comprised of various web pages operated by Productions Plus, and any other website owned by Productions Plus, including any content, functionality, and services offered thereon or thereby (the “Website”), whether as a guest or a registered user.  Nothing contained herein will supersede any written agreement by and between Productions Plus and your employer or the entity which you are representing.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement, found at https://productionsplus.ibec.me/privacy/, which is incorporated herein by reference (the“Privacy Statement”). If you do not want to agree to these Terms of Use or the Privacy Statement, you must not access or use the Website.

The Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Productions Plus and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

MODIFICATION OF TERMS OF USE

Productions Plus reserves the right to change the terms, conditions, and notices under which the Website is offered at any time, in its sole discretion, including, but not limited to, the charges associated with the use of the Website.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so that you are aware of any changes, as they are binding on you.

LINKS TO THIRD-PARTY SITES

The Website may contain links to other websites and resources provided by third parties, including sponsored links and links contained in advertisements (“Linked Sites”). The Linked Sites are provided for your convenience only, and the inclusion of any Linked Site does not imply endorsement by Productions Plus of such Linked Site or any association with its operators. We have no control over the contents of the Linked Sites, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. We accept no responsibility for any Linked Site or for any loss or damage that may arise from your use of any Linked Site. Productions Plus is not responsible for webcasting or any other form of transmission received from any Linked Site. If you decide to access any of the Linked Sites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of Michigan in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate for use outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, foreign or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Productions Plus, a Productions Plus employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits any party’s use or enjoyment of the Website, or which, as determined by us, may harm Productions Plus or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including such party’s ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Statement and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that, when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another party’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Productions Plus has no obligation to monitor the Communication Services. However, Productions Plus reserves the right to review materials posted to a Communication Service and to remove any materials, in its sole discretion, therefrom. Productions Plus reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Productions Plus reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Productions Plus’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Productions Plus does not control or endorse the content, messages or information found in any Communication Service and, therefore, Productions Plus specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts of Communication Services are not authorized Productions Plus spokespersons, and their views are not endorsed by Productions Plus.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PRODUCTIONS PLUS OR POSTED TO THE WEBSITE

Productions Plus does not claim ownership of the materials you provide to Productions Plus (including feedback and suggestions) or post, upload, input or submit to the Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Productions Plus, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to (i) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and (ii) publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Productions Plus is under no obligation to post or use any Submission you may provide and may remove any Submission at any time, in Productions Plus’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you represent and warrant that you own or otherwise control all the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKED SITES.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRODUCTIONS PLUS NOR ANY PERSON ASSOCIATED WITH PRODUCTIONS PLUS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ANY PURPOSE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Website TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, NEITHER PRODUCTIONS PLUS NOR ANYONE ASSOCIATED WITH PRODUCTIONS PLUS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ADVICE RECEIVED VIA THE Website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, PRODUCTIONS PLUS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED THEREIN OR THEREON, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ProductionS Plus, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, PARTNERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY LINKED SITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE,

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PRODUCTIONS PLUS’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Productions Plus, its affiliates, licensors, suppliers, and service providers, and its and their respective officers, directors, managers, employees, contractors, shareholders, members, partners, owners, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

TERMINATION/ACCESS RESTRICTION

Productions Plus reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Michigan.

The federal, state, and local courts located in Oakland County, Michigan shall have exclusive jurisdiction over you and Productions Plus as well as the claims arising under or related to the Website, the use of the Website, these Terms of Use and/or the Privacy Statement, except that we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

BINDING ARBITRATION

If Productions Plus and you are unable to resolve any controversy or claim arising out of or relating to the Website, the use of the Website, these Terms of Use and/or the Privacy Statement (each a “Dispute”) through informal negotiations, you and Productions Plus agree that the Dispute (except those Disputes expressly excluded below) shall be settled by binding arbitration to be held in Oakland County, Michigan, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such Dispute. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. To the extent permitted by law, Productions Plus shall pay the administrative fees associated with the arbitration, except for the first $300.00 in administrative fees for any arbitration that is initiated by you, and each of us shall separately pay our counsel fees and expenses. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the American Arbitration Association, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Productions Plus shall be entitled to arbitrate their Dispute. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

CLASS ACTION WAIVER

The parties agree to bring any Dispute in arbitration only on their own behalf, and not on a class or collective actions basis. Accordingly, there will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”).  The Class Action Waiver shall not be severable from this Arbitration Agreement in any case in which: (a) the Dispute is filed as a class and/or collective action and (b) a civil court of competent jurisdiction (subject to appeals if any to an appellate court) finds the Class Action Waiver is unenforceable.  In such instances, the class and/or collective action must be litigated in a civil court of competent jurisdiction.   

Notwithstanding any other clause or language in these Terms of Use and/or any rules or procedures that might otherwise apply by virtue of this document or by virtue of any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, any claim that the Class Action Waiver, or any portion of the Class Action Waiver, is unenforceable, inapplicable, unconscionable, or void or voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator.

The Class Action Waiver and any other provision of these Terms of Use, shall be severable in any case in which the Dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Productions Plus, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website. Additionally, you must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. Any rights not expressly granted herein are reserved.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Productions Plus. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

The Productions Plus or P+ name, the terms Productions Plus, Productions Plus’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Productions Plus or its affiliates or licensors. You must not use such marks without the prior written permission of Productions Plus.  All other names, logos, product and service names, designs, and slogans on the Website may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Productions Plus as a result of these Terms of Use or use of the Website.

Productions Plus’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Productions Plus’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Productions Plus with respect to such use.

No waiver by Productions Plus of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Productions Plus to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, these Terms of Use, the Privacy Statement, and any other applicable agreements between you and Productions Plus constitute the sole and entire agreement between you and Productions Plus with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Productions Plus with respect to the Website.

We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with generally accepted industry standards that are designed to guard the Website and our systems. We will maintain any personally identifiable information that we collect and/or receive in accordance with our Privacy Statement.

You agree that our third-party service providers are third-party beneficiaries of the applicable provisions of these Terms of Use, with all rights to enforce such provisions as if such service providers were a party to these Terms of Use.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe any information, content or other material (together, the “Materials”) on the Website infringes your copyright or trademark rights, you may request that such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Richard C. Nash at [email protected] or at Productions Plus’s address below and provide the following information:

1. A clear statement identifying the Materials believed to be infringed.
2. A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
3. Sufficient information about the location of the allegedly infringing Materials so that Productions Plus can find and verify their existence.
4. Your name, telephone number and e-mail address.
5. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.
6. A signature or the electronic equivalent from the Owner or authorized representative.

Productions Plus’s agent for notice of copyright or trademark issues on the Website can be reached as follows:

It is the policy of Productions Plus to terminate the user accounts of repeat infringers. Productions Plus shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Productions Plus may use information about your demographics and use of the Website in any manner that does not reveal your identity.