If you don’t want these Terms to apply, you may choose not to use our Services. You must immediately leave the sites, apps, and/or services and not return if you choose not to use our Services. Otherwise, by accessing and using our sites, apps, and/or services, you are agreeing to be bound to these Terms.
NO ACCESS TO EMERGENCY SERVICES: The Services are not a replacement for your ordinary mobile or fixed line telephone and do not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
You understand that, just like regular mobile phone service, by sending messages through the Services, anyone you send a message can use the content of your message as they desire.
INFORMATION ABOUT YOUR USE OF THE SERVICES
Consent to Use Services. If you are under the age of 18, our Services are not intended for your use. If you are under the age of 18, please wait until you turn 18 to use the Services. If you are under the age of consent to form a binding agreement, you should only use our Services if you are either an emancipated minor or have the legal consent or your parent or guardian for your use of our Services. You should only use our Services only if you are fully able to understand and enter and comply with these Terms.
Your Account Information. To access the Services or some of the features we offer in the Services, you will be asked to provide true and complete registration details to create an account. If we believe the details are not correct, current, or complete, we have the right to prevent you from accessing our Services, or any of its resources and to terminate or suspend your account.
Security of Your Account. If you create a user account by selecting a password and providing your name, you are responsible for all activities that occur under your user account. You agree to notify us immediately of any unauthorized user of your user account or any breach of security with respect to your user account including your password. We will not be liable for any loss that you may incur as a result of someone else using your user account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your user account. We shall be entitled to monitor your user account and password, and at our discretion, require you to change your password. If you use a username and password that we consider insecure, we will be entitled to require this to be changed and/or terminate your user account.
Communication Preferences. You permit us to use your information to send electronic communications (such as messages, emails, and phone calls via the Services or otherwise) from us or our third-party providers, including: (a) notices about your account, password changes, payment authorizations, and other transactional information; and (b) information about products, services, surveys, events, news, end user discounts, and promotions offered by us or our affiliates where permitted by applicable law. If you do not wish for us to communicate with you in regards to (b) above, you may opt-out of future communications by clicking the “unsubscribe” link in any such communication.
INTELLECTUAL PROPERTY RIGHTS
Trademarks and Copyrights. Our Services and materials incorporated in our Services (“Materials”) are protected by copyrights, trademarks, trade secrets, or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated in our Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by us or others (“Trademarks”). We, or our licensors, own the title, copyright, and other intellectual trademark property rights in the Materials and Services, and by using our Services, you do not acquire any ownership rights in the Services of the Materials contained therein. We respect the intellectual property rights of others and ask users of our Services to do the same.
Your Use of Our Intellectual Property. Your right to make use of our Services and Materials or other content appearing on it is subject to your compliance with these Terms. You may not modify or use the Material or any other content on our Service for any purpose not permitted by these Terms. Such prohibited use violates these Terms and may be a violation of the Copyrights and/or Trademarks protected by law. You may access and display Materials and all other content displayed on our Services for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. The Material and all other content on the Services may not be otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by us. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute, or sublicense the Materials and/or the Services. To the extent any component of the Services may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms.
Acceptable Use. You agree to not (nor assist others to) violate any applicable law, contract, intellectual property, or other third-party right, and you are solely responsible for your conduct while using our Services. You must not directly, indirectly, or through automated or other means: (a) engage in any harassing, threatening, intimidating, predatory, or stalking conduct; (b) collect information of or about other users in any impermissible or unauthorized manner; (c) use the Services other than for its intended purpose or interfere with, disrupt, negatively affect, or inhibit other users; (d) damage, disable, overburden, or impair the Services; (e) send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications; (f) post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable; (g) encourage or provide instructions for a criminal offense; (h) distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; (i) bypass, ignore, or circumvent any measures we employ to prevent or limit access to any part of the Services; or (j) expose us or others to any type of harm or liability.
Feedback. We will consider anything you provide to us, including feedback, ideas, suggestions, or contributions to our Services as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the user of your ideas or submissions.
Analytical Information. We may collect, store, and use: (a) information about your usage, log, and functional information generated from the use of the Services; (b) performance, diagnostics, and analytics information; and (c) information related to technical or other support requests. We may use all the information we collect to develop, operate, provide, improve, understand, customize, support, and market the Services.
THIRD-PARTY LINKS AND OFFERS
Third-Party Offers and Products. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Services since the third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sties. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against use with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
RESPONSIBLE USE OF THE SERVICES
Responsibility for Your Use. You may only use our Services and its contents for lawful purposes and in accordance with applicable law. You are prohibited from storing, distributing, or transmitting any unlawful material through the Services, otherwise you may be exposed to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to our Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not us, and that you are responsible for all material you upload, publicly post, or otherwise transmit to or through this Service.
Violation of Security Systems. You are prohibited from using any Services provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, viruses, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to systems administrators at other sites, law enforcement, and/or governmental authorities in order to assist them in resolving security incidents.
Investigations. We may seek to gather information from a user who is suspected of violating these Terms and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from our services as we deem appropriate and without notice if we believe, in our sole discretion, that a violation of these Terms has occurred. We may edit or modify any submission, posting, message, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action we deem appropriate. We may fully cooperate with any law enforcement authorities or court order requesting or directing any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGIATION AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENT OF INVESTIGATIONS EITHER BY US OR LAW ENFORCEMENT AUTHORITIES.
Disclaimer of Warranties. We make great efforts to make our Services error and interruption free; however, we cannot promise that such efforts will result with such desired performance. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, AND OTHER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, OR OTHER CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AS WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THE SERVICES WILL MEET THE HEIGHTENED CONFIDENTIALITY REQUIREMENTS FOR PERSONAL DATA THAT IS REQUIRED BY ENTITIES REGULATED BY HEALTHCARE, FINANCIAL, OR LEGAL INSTITUTIONS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability. WE DISCLAIM ALL LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES, OR THE MATERIAL, INFORMATION, SOFTWARE, SERVICES, OR OTHER CONTENT ON THE SERVICES REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnity. You agree to indemnify and hold us harmless against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content on our Services and/or from any and all use of your user account.
Dispute Resolution. Except for any disputes relating to intellectual property rights or obligations, or any infringement claims, all of which shall be governed by US federal law, any dispute between you and us and our agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliate arising from or relating to these Terms and the interpretation or the breach, termination, or validity thereof, shall be governed by and construed and enforced in accordance with the laws of the State of California, notwithstanding any conflicts of law principles. You expressly agree that any claim under these Terms shall be submitted to the personal jurisdiction of the courts of the State of California, County of Orange. We will provide notice of any such lawsuit by email to the email address you provided when you created your account or by email to an email address you have otherwise provided us and you must provide noticed of any such suit to us by email at [email protected] You agree that we may bring claims against each other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The Terms and all documents, notices, and judicial proceedings shall be in the English language.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and agree not to bring a claim in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrations are not allowed.
Release. If you have a dispute with one or more users, you release us from claims, demands, liabilities, costs, or expenses and damages (actual and consequential or every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering info this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Termination of Use. You may terminate your use of the Services at any time. You may simply cease to use the Services. We reserve the right to suspend or terminate your access to the Services if you’re in material breach of these Terms, you’re using the Services in a manner that would cause us a risk of legal liability or compromise our ability to provide Services to other users, or you haven’t accessed our Services for twelve (12) consecutive months.
Reservation of Rights. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.
Non-Transferable. You agree that your rights and obligations under these Terms cannot be transferred by you to another person. If, in the future, we are acquired by or merged with another company, if substantially all our assets are transferred to another company, or as part of a bankruptcy proceedings, we may transfer our rights and obligations to the acquirer of our business.
Miscellaneous Terms. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used. If either you or we fail to perform any obligation under these Terms, and the other party does not enforce such obligation, failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion. Nothing in these Terms will be deemed to constitute that you or us is the agent or representative of each other, or as joint venturers or partners. Headings and captions are for convenience only and shall not be binding on either of us.
Updates to Services. We may from time to time, in our sole discretion, develop and provide updates for our Services, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any updates or to continue to provide or enable any features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet the Updates will either download automatically or prompt you to download and install available updates. We recommend you promptly download and install all updates. If you do not, portions of the applications may not operate properly. All Updates are subject to these Terms.
Updates to Terms. We are always working on additional features to our Services, and because of that and potential changes in the law, we may update these Terms from time to time, and in our sole discretion. When we do so, we will post the changes on this page and will updated the effective date of the Terms on this page. You consent and agree to receive notices of update of these Terms through our posted of updated Terms. You should visit this page regularly to review the current Terms. If you do not agree to the updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of the updated Terms.
This policy was last modified on 6/5/2019.
If there are any questions regarding these Terms, you may contact us using the information below.
New Equity Productions
PO Box 11899, Newport Beach, CA 92658
(949) 270-6525 or (888) 367-1637