PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING WWW.mountaina-production.com (THE "WEBSITE"), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, YOUR INDEMNITY TO US, AND MANDATORY ARBITRATION.
This Website is owned and operated by Mountaina Production Ops, LLC ("Mountaina Production" or "we", "us" or "our"). These Terms of Use apply to this Website and any interactive features or downloads that are owned or controlled by Mountaina Production that are available through the Website or that interact with the Website and post these Terms of Use. These Terms of Use govern your use of the Website, whether you access it via a computer, mobile device, tablet or any other means. You agree to these Terms by accessing or using the Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE.
In some cases, these Terms of Use and separate terms of service or guidelines setting forth additional terms may apply to a service or feature offered through the Website (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms of Use. In the event of a conflict between these Terms of Use and the Additional Terms, the Terms of Use will control, unless the Additional Terms expressly state otherwise. You consent to the collection and use of data in accordance with the Website Privacy Policy.
You can determine when these Terms of Use were last revised by referring to the “Last Updated” or similar legend at the top of this page. Any changes to these Terms of Use will be effective immediately upon posting of the revised Terms of Use on the Internet, accessible through this Site.
TABLE OF CONTENTS
1 Website Ownership and Permitted Use
2 Submitted Content
3 Prohibited Product Submissions
4 User Registration
5 Acceptable Use Policy
6 Mobile Features
7 Third Party Links
8 Warranty Disclaimer
9 Limitation of Liability
10 Waiver of Unknown Claims
11 Indemnification
12 Copyright Policy
13 Non-U.S. Users
14 Term and Termination
15 Arbitration/Governing Law
16 Miscellaneous
Website Ownership and Permitted Use
The Website is owned and operated by MountainA .The Website and all intellectual property and other rights therein are and will remain the property of MountainA and its licensors. The Website is protected by United States and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as otherwise provided in these Terms of Use, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any portion of the Website without the prior written permission of MountainA. You acknowledge that you do not acquire any ownership rights by using the Website. The Website shall be used only (a) as permitted by these Terms of Use; or (b) as expressly authorized in writing by MountainA. The Website is provided for personal, non-commercial use only. Use of the Website for any other purpose is strictly prohibited. At all times, access to and use of the Website is limited to lawful purposes only.
MountainA reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice. You agree that MountainA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part or portion thereof. Nothing in these Terms of Use shall be construed to obligate MountainA to maintain and support the Website, or any part or portion thereof, during the term of these Terms of Use.
The trademarks, logos and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered Trademarks of MountainA and/or others. Nothing contained in these Terms of Use or on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of MountainA and/or the third party owner of such Trademark.
Submitted Content
You agree that any ideas, comments, information, photos, materials or content that you provide, submit, upload or otherwise transmit to MountainA ("User Content") will be available for our use without any obligation to you. You hereby (a) grant to MountainA a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to all rights in and to the User Content, including all copyrights therein, for any exploitation by MountainA and/or
by any person authorized by MountainA, by any means and in any media now known or hereafter devised, without payment to you or any third party, and to advertise and promote such exploitation, for the full term of all such rights (including all extensions and renewals) and, to the extent possible, in perpetuity; (b) waive all moral rights in the User Content that may be available to you; (c) appoint MountainA as your agent with full authority to enter into any document and/or do any act that MountainA may deem appropriate to confirm the grant and waiver set forth above; (d) warrant that you are the owner of the User Content and have the right and necessary rights to enter into these Terms of Use; (e) confirm that none of such User Content is subject to any obligation, of confidentiality or otherwise, to you or any third party, and that Artists Equity shall not be liable for any use or disclosure of such User Content. Unless otherwise stated in the Privacy Policy posted on the Website or in another agreement on the Website under which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. Upon MountainA’s request, you will provide MountainA with any documentation, justification or authorization necessary to verify your compliance with these Terms of Use.
Product Submissions Prohibited
MountainA does not accept unsolicited submissions for films, television programs, websites, articles, comics, e-books or any other products, services or ideas. It is our intention to avoid the possibility of future misunderstandings when projects developed by or on behalf of MountainA (whether internally or by third parties) might appear to others to be similar to their own ideas or creative materials. Accordingly, please do not make any such unsolicited submissions to MountainA via this Website or by email, SMS or otherwise. However, if you decide to make such an unsolicited submission, you hereby grant MountainA the right and license to the submission as if it were User Content as set forth above.
User Registration
Access to certain features of the Website may require you to register and provide MountainA with certain information. We reserve the right to refuse to provide access to the Website to anyone for any reason or no reason. If and when you provide MountainA with information, you agree to (a) provide accurate, current and complete information about yourself as requested (including your email address); and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Website.
MountainA may offer you the ability to connect your accounts on certain third-party sites, such as Facebook and Twitter, with the Site through an application programming interface (API) or other software. This account connection process may be separate from registering your account on the Website and will be governed by the third party's policies and terms of use.
third party site. By allowing MountainA to connect to your third party site accounts, you consent to MountainA accessing information in those accounts, which may include personally identifiable information
Acceptable Use Policy
You agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with your use of the Website. Additionally, you agree not to do any of the following while using or accessing the Website:
Disable, hack, circumvent or otherwise interfere with security-related features of the Website or any features that prevent or restrict use or copying of any MountainA content or materials;
Use any metadata, meta tags or any other hidden text utilizing any MountainA name, trademark, URL or product name;
In any way use the Website to send altered, misleading or false source-identifying information;
Use any scripts, programs or other automated means to access the Website or engage in any “data scraping” or data collection practices relating to the Website;
Upload, submit, post, email or otherwise transmit through the Website any content or materials that are unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or contain objects or symbols of hate, invasive of another’s privacy, misleading, menacing, abusive, incites unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or are otherwise objectionable in the sole opinion of MountainA;
Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website, servers or networks connected to the Website or the technical delivery systems of MountainA’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
Attempt to scan, probe or test the vulnerability of any MountainA system or network or to breach, impair or circumvent any security or authentication measures protecting and ensuring the security of the Website;
Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website;
Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by MountainA or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome), including any software that makes requests to the Website for the purpose of determining the ranking of a website or web page.
Collect or store personal data about other users of the Website without their express and explicit permission;
Misrepresent or impersonate your affiliation with a person or entity, or otherwise commit fraud;
Use the Website in any manner not permitted by these Terms of Use; or
Instruct or encourage any other person to do any of the foregoing or to violate and/or breach any term of these Terms of Use.
Mobile Features
The Website may offer features and services that are available through your mobile device. These features and services may include, without limitation, the ability to upload content to the Website, receive messages from the Website, download applications to your mobile device, or access features of the Website (collectively, “Mobile Features”). Standard messaging, data, and other fees and charges may apply to you from your carrier to participate in the Mobile Features. These fees and charges will appear on your carrier bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with any questions regarding these issues.
Third Party Links
The Website may contain links to third party websites for your convenience. MountainA does not control these linked websites or the content provided by these linked websites, and MountainA has not reviewed these websites in their entirety. Your use of these linked websites is subject to the privacy practices and terms of use established by each such linked website, and MountainA disclaims any liability for such use. These links do not indicate any endorsement or approval by MountainA of these linked websites or any material contained on these linked websites, and MountainA disclaims any such endorsement or approval. In addition, descriptions of or references to third party products, services or publications on the Website do not imply endorsement of such products, services or publications, and MountainA is not responsible for and disclaims any endorsement of such products, services or publications.
Warranty Disclaimer
THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
There is no warranty, representation or guarantee that the Website or your use of the Website will be uninterrupted, complete, accurate, current, reliable, error-free, secure or that any problems will be corrected or that the Website or any information, software or other materials accessible from the Website are free of viruses or other harmful components. MountainAne does not warrant or make any representations regarding the use or the results of the use of the Website, whether in terms of compatibility with the hardware or otherwise.
software or equipment, and you assume full responsibility and risk for your use of and reliance on the Website and the information.
Limitation of Liability
Notwithstanding the failure of essential purpose of any limited remedy of any kind, NEITHER MOUNTAINA NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE WEBSITE, (B) ANY LINKED WEBSITES, (C) USER CONTENT; (D) YOUR USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MOUNTAINA OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITE; OR (H) ANY DAMAGE TO A USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, MOBILE PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM A BREACH OF SECURITY OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ARTISTS IN ACTION HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, SO-CALLED "ACTS OF GOD", TELECOMMUNICATIONS FAILURE OR THEFT OR DESTRUCTION OF THE WEBSITE).
YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. MOUNTAINA'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.
Waiver of Unknown Claims
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY SHE, SHE COULD HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
Indemnification
You agree to indemnify and hold harmless, and at MountainA’s request, defend MountainA and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable attorneys’ fees), actions, suits and claims arising out of any breach of any of your obligations, representations or warranties in these Terms of Use. If MountainA requests that you defend any such action, suit or claim, MountainA shall have the right, at its own expense, to participate in the defense thereof. You will not settle any third-party claim for which MountainA is entitled to indemnification without MountainA’s prior written approval.
Copyright Policy
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that material on the MountainA website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit MountainA to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must meet the statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for more detail.
Notices and counter-notices regarding the Website should be sent to infos@mountaina-production.com.
We suggest that you consult your legal advisor before filing a notice. Please also be aware that penalties may be available for misrepresentations under the DMCA.
Non-U.S. Users
MountainA makes no representation that the Website operates (or is legally authorized to operate) in all geographic locations, or that the Website is appropriate or available for use in other locations. Access to the Website from territories where the Website, or any content or functionality of the Website or any portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
Term and Termination
These Terms of Use are effective as of the date you first access the Website or submit information to mountainA through the Website, whichever occurs first, and will remain in effect until terminated in accordance with these Terms of Use. MountainA may immediately terminate these Terms of Use and/or your access to and use of the Website, or any part thereof, at any time and for any reason, with or without cause, without notice. MountainA may also immediately terminate these Terms of Use if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use the Website will immediately cease and you will destroy all copies of information obtained by you from the Website, whether made in accordance with the terms of these Terms of Use or otherwise. All disclaimers and limitations of liability, and all proprietary rights of MountainA, shall survive any termination or expiration of these Terms of Use.
Arbitration/Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws provisions. The parties agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration shall take place in Los Angeles County, California, and shall be conducted in the English language. The award rendered by the arbitrator shall be binding on the parties hereto, and any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue for arbitration shall be exclusively in Los Angeles County, California. For clarity, nothing in this paragraph shall affect MountainA's ability to seek injunctive or equitable relief from a court at any time.
If any arbitration or other proceeding is instituted to enforce or interpret these Terms of Use or issues related thereto, the prevailing party, as determined by the arbitration award, shall be entitled to recover from the other party reasonable attorneys' fees and other costs and expenses incurred in connection with such arbitration or proceeding, in addition to any other relief to which such prevailing party is entitled; provided that in no event shall the arbitrator have the authority to award punitive damages.
Miscellaneous
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and MountainA relating to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between you and MountainA relating to such subject matter. These Terms of Use may not be amended, waived, or modified except by MountainA as provided herein or otherwise by a written instrument signed by MountainA. These Terms of Use or any right, obligation, or remedy hereunder are not assignable, transferable, delegable, or sublicensable by you except with the prior written consent of MountainA, and any attempted assignment, transfer, delegation, or sublicense will be null and void. MountainA may assign, transfer or delegate these Terms of Use or any right, obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. MountainA shall have no liability under these Terms of Use to the extent that it arises from any failure of MountainA to perform any of its obligations under these Terms of Use due to fire, flood, earthquake, other so-called “acts of God,” war, civil unrest, acts of terrorism, Internet failures, governmental law or court order, national emergency, strikes or labor disputes, or any other event beyond MountainA’s reasonable control.