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On Behalf of Management,
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY
INTRODUCTION AND ACCEPTING THE TERMS
Welcome to the Show! These Terms of Service (“Terms”), which include and hereby incorporate the
Privacy Policy in regards to James White the show(“Privacy Policy”), are a legal agreement between
Ahuma Productions. and its related partners (the “Company,” “us,” “our,” or "we") and you ("you" or
“your”). By using or accessing the web application (the “App”) or the website located at
www.ahumaproductions.com (the "Site"), which are collectively referred to as the “Service,” you
agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii)
if you are the age of majority in your jurisdiction or over, that you have read, understood, and
accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital
consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has
reviewed and agrees to these Terms.
The Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to the Show. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.
COMMUNICATIONS
You agree to receive communications from us electronically, such as email, text, or mobile push
notices, or notices and messages on the Service. For any direct marketing messages, we will ensure
that we obtain your consent first, and also make it easy for you to opt out — we don’t want to send
you messages you don’t want.
By accepting the terms or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our service, and that all agreements, notices, disclosures, and other communications that Ahuma Productions and its Partners provides to you electronically satisfy any legal requirements that such communications be in writing.
You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from being part of the Show. If you believe spam originated from our Service, please email us immediately at ahumaproductions@gmail.com.
INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in and to all materials that are part of the Show (including, but not
limited to, designs, text, graphics, pictures, video, information, applications, software, music,
sound and other files, and their selection and arrangement), except for Your Content, collectively
referred to as the "Data,” are, as between the Company and you, owned by the Company and/or its
partners. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by
acquiring these so called "Data,” . You agree that you shall not modify, copy, distribute, frame,
reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any
means, in whole or in part, or otherwise exploit the "Data,” without our express prior written
permission. You acknowledge that you do not acquire any ownership rights by being in the Show or by
accessing any "Data,” posted in the Show by the Company, or any derivative works thereof. All rights
not expressly granted by these Terms are reserved by the Company and its licensors, and no license
is granted hereunder by estoppel, implication or otherwise.
YOUR CONTENT
Any data, text, graphics, photographs and their selection and arrangement, and any other materials
uploaded to the Show by you is “Your Content.” You represent and warrant that Your Content is
original to you and that you exclusively own the rights to such content, including the right to
grant all of the rights and licenses in these Terms without the Company incurring any third party
obligations or liability arising out of its exercise of such rights and licenses. All of Your
Content is your sole responsibility and the Company is not responsible for any data that you
willingly share, post, or otherwise make available. By sharing, distributing, transmitting or
otherwise using Your Content with the Company, you grant to us a perpetual, nonexclusive,
transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform, and display Your
Content in connection with operating and providing this Show. The Company does not guarantee the
accuracy, quality, or integrity of any user content posted. By being part of this Show, you
acknowledge and accept that you may be exposed to material you find offensive or objectionable. You
agree that the Company will not under any circumstances be liable for any user content, including,
but not limited to, errors in any user content, or any loss or damage incurred by use of user
content. The Company reserves the right to remove and permanently delete Your Content from the
Service with or without notice for any reason or no reason. You may notify the Company of any user
content that you believe violates these Terms, or other inappropriate user behavior, by emailing
ahumaproductions@gmail.com.
The Company will not under any circumstances be liable for any activity within our network. The Company is not responsible for information that you choose to share on the application, or for the actions of other users. As a condition of being part of this Show, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Guidelines as well as any additional restrictions or rules (such as application-specific rules) set forth in the Show. As an example, you agree not to be in the Show in order to:
- disseminate information that is objectionable as outlined in Guidelines;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
- engage in conduct that is fraudulent or illegal or otherwise harmful to Ahuma Productions or any other user;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Show or other users' computers;
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Show in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- attempt to obtain passwords or other private information from other members;
- improperly use our support email to make false reports to us;
- develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements; or
- exploit, distribute or publicly inform other members of any error, miscue or bug which gives an unintended advantage; violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Show.
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Guidelines or improper use of the Show and to take action including termination of your right to participate in the current Show and exclusion from further participation in the Show.
FEEDBACK
We appreciate hearing from our users and welcome your comments regarding the Show. If you choose to
provide feedback, comments or suggestions for improvements to the Show or otherwise (in written or
oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the
Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your
Feedback does not contain the confidential or proprietary information of any third party or parties.
By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Ahuma Productions and its Partners any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your right to Participate in the Show.
All rights in this section are granted without the need for additional compensation of any sort to you.
THIRD-PARTY CONTENT
We use third-party services to help us provide the Show, but such use does not indicate that we
endorse them or are responsible or liable for their actions. In addition, the Show may link to
third-party websites to facilitate its provision of services to you. Please note that your use of
such third-party services will be governed by the terms and privacy policy applicable to the
corresponding third party. We are not responsible for nor do we endorse these third-party websites
or the organizations sponsoring such third-party websites or their products or services, whether or
not we are affiliated with such third-party websites. You agree that we are not responsible or
liable for any loss or damage of any sort incurred as a result of any such dealings you may have on
or through a third-party website or as a result of the presence of any third-party advertising
during the Show.
AUDIENCE DISPUTES
You are solely responsible for your interaction with other guests of the Show and other parties that
you come in contact with through the Show. The Company hereby disclaims any and all liability to you
or any third party relating to your participation in the Show. The Company reserves the right, but
has no obligation, to manage disputes between you and other guests in the Show.
TERMINATION
You may terminate your viewing of the Show at any time and for any reason by leaving the Show
immediately. The Company may terminate your participation and your access to the Sshow at any time
and for any reason. The Company is not required to provide you with any notice or warning prior to
any such termination. The company may, as the result of termination, keep all information and data
associated therewith, including without limitation all datas provided through third parties, as
applicable, and the Company is under no obligation delete it.
DISCLAIMER OF WARRANTY
THE SHOW IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR PARTICIPATION IN THE SHOW IS AT YOUR SOLE
RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD GUEST EXPERIENCE, WE CANNOT AND DO
NOT REPRESENT OR WARRANT THAT THE SHOW WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL
ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY
THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES,
INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR PARTICIPATION IN THE SHOW OR OTHER
MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SHOW, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF THESE DAMAGES. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY
OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE
JURISDICTIONS, AHUMA PRODUCTIONS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You specifically acknowledge that the Company shall not be liable for our guests content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
INDEMNIFICATION
You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim,
demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in
connection with (i) your participation in the Show; (ii) your violation of any term of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, property,
or privacy right or any third party agreement; or (iv) any of Your Content or information or any
other information you post or share on or through the Show. As used in this section, "you" shall
include anyone accessing the Show using your password.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Ahuma Productions agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to Ahuma Productions at 32 Harzer Str, Berlin 12059, Deutschland.
The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.
Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the German County in which you reside. For residents outside the Germany, arbitration shall be initiated in Berlin, Germany. Ahuma Productions and you further agree to submit to the personal jurisdiction of any local or federal court in Berlin, Germany to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your county’s law.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Ahuma Productions will pay the additional cost. Ahuma Productions shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Ahuma Productions is specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Ahuma Productions and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Ahuma Productions and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Ahuma Productions and you understand that, absent this mandatory arbitration provision, Ahuma Productions and you would have the right to sue in court and have a jury trial. Ahuma Productions and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
INTERNATIONAL USE;
Software available in connection with the Show and the transmission of applicable data, if any, is
subject to Germany export controls. No software may be downloaded from the Show or otherwise
exported or re-exported in violation of German export laws. Uing the software is at your sole risk.
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws
regarding your participation in the Show, including as it concerns online conduct and acceptable
content.
GENERAL
Governing Law. By visiting or being part in the Show, you agree that the laws of the Germany,
without regard to principles of conflict of laws and regardless of your location, will govern these
Terms and any dispute of any sort that might arise between you and the Company.
Any claim or dispute between you and the Company that arises out of or is related to the Show and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in Berlin, Germany, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the local and federal courts of Berlin, Germany.
Injunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
Entire Agreement. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and 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.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Course of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.
Assignment. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.
Documentation of Compliance. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
Interpretation. You agree that these Terms will not be construed against the Company by virtue of having drafted them.
Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Survival. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.
Contact. If you have any questions about these Terms, please contact ahumaproductions@gmail.com.
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