Terms of Use
Updated: December 2, 2022

Thank you for visiting this website, which is owned and operated 495 Productions Holdings LLC and 495 Production Services LLC (“495 Productions”) and the provisions contained herein include all trustees, officers, directors, members, shareholders, employees, attorneys and agents (current and past) and any affiliates, individually and collectively, and any related individuals or entities. This website and any other media or format we may create in the future (collectively referred to the “Site”) are governed by the Terms of Use set forth below.

It is important to us that you, and our other visitors, have the best possible experience while using the Site and that when you use these Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of the Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

Your Acceptance of Terms. If you do not agree with any of these Terms of Use, please do not use this Site. By downloading, registering with, or using this Site, or by clicking to accept or agree when this option is made available to you, you will be deemed to have agreed to these Terms of Use.

Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated. Use of the Site is also subject to our Privacy Policy. If a provision of these Terms of Use conflicts or otherwise is inconsistent with a provision of the Privacy Policy, then the Privacy Policy will prevail to the extent the conflict or inconsistency is related to privacy issues. As to all other issues, the provisions of the Terms of Use will prevail.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as acceptance of any revisions. The most recent date on which these Terms of Use were updated can be found at the top of the page.

How To Contact Us. This Site is controlled by 495 Productions. Please forward any comments or complaints about the Site to: [email protected]. Please forward any questions regarding privacy to: [email protected]. Please forward any questions regarding other legal matters to: [email protected].

Age Requirements. To use the Site, you must be at least 13 years of age. If you are under 13-years-old, you may not use the Site. If you are between the ages of 13 through 17 years, you may use the Site only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and/or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing the Site while not under the supervision and without the written consent of your parent or legal guardian.

Your Registration. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at 495 Productions believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant) that you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Site Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used in connection with this Site. To review this notice, which forms part of these Terms of Use, please go here: Privacy Policy – 495 Productions

Trademarks and Copyrights. This Site and materials incorporated by 495 Productions (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by 495 Productions on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by 495 Productions or others (“Trademarks”). 495 Productions respects the intellectual property rights of others and asks users of this Site to do the same. You must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Your Use of Material. Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. You may access and display Material and all other content displayed on this Site for noncommercial, personal use on a single device only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by 495 Productions. Any authorization to copy Material granted by 495 Productions, in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal use on a single device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of or to seek to reverse engineer such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE 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, THE SITE, 495 PRODUCTIONS, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF 495 PRODUCTIONS HOLDINGS LLC (“495 PRODUCTIONS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 495 PRODUCTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 495 PRODUCTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN OR ON THE SITE OR ANY WEBSITE LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 495 PRODUCTIONS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND 495 PRODUCTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. 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. 495 PRODUCTIONS DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES 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 SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF 495 PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT 495 PRODUCTIONS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF 495 PRODUCTIONS. 495 PRODUCTIONS DOES NOT UNDERTAKE TO MONITOR OR REVIEW SUCH FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF 495 PRODUCTIONS. 495 PRODUCTIONS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN 495 PRODUCTIONS’ SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Submissions, Postings and E-mails. 495 Productions is interested in hearing from you regarding your questions or comments about our Site. However, 495 Productions does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to 495 Productions.

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

In any event, any material you send to us will be considered non-confidential and non-proprietary. By submitting any Invited Submissions to the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the Invited Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All your Invited Submissions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any material you submit, and you, not 495 Productions, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Invited Submissions submitted by you or any other user of the Site.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing it is lawful. You understand and agree that all materials publicly posted (other than by 495 Productions) or privately transmitted on or through this Site are the sole responsibility of the sender, not 495 Productions, and that you are responsible for all material and information you upload, post, or otherwise transmit to or through this Site.

We at 495 Productions require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(m) copies any other pages or images on this Site except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a ‘pyramid’ or similar scheme;
(p) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other website).
(q) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; and/or
(r) contains links to any other Site that contains the kind of content, which falls within the descriptions set out at (a) to (q) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by 495 Productions, anywhere on this Site (e.g., on any Site space made available for your use).

System Abuse. Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource contained on this Site.

Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). 495 Productions shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that 495 Productions considers insecure, 495 Productions will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site 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 or network probing tools) are strictly prohibited. If you become involved in any violation of system security, 495 Productions reserves the right to release your details to system administrators at any other Site to assist them in resolving security incidents.

Investigations. 495 Productions reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or email(s) you make or send to any Forum and/or through the Site. 495 Productions may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. 495 Productions may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If 495 Productions believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mail(s), remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. 495 Productions will fully cooperate with any law enforcement authorities or court order requesting or directing 495 Productions to disclose the identity of anyone posting any e-mail(s), or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS 495 PRODUCTIONS AND THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF 495 PRODUCTIONS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY 495 PRODUCTIONS AND THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.

Service. To use this Site, you must obtain access to the Internet and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the Internet (including a mobile device, computer, modem and/or other access devices).

495 Productions reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations. 495 Productions makes no representation that Materials or other content in or on the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

Indemnity. You agree to indemnify and hold harmless 495 Productions and its officers, directors, members, employees, agents, distributors, and affiliates from and against all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto 495 Productions’ servers, and/or from any and all use of your account.

Our Use of Content. 495 Productions will consider anything you provide to 495 Productions, and/or contribute to this Site as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see ‘Submissions, Postings and E-mails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to 495 Productions (“User Content”), you automatically and irrevocably: (a) grant and assign to 495 Productions a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by 495 Productions and/or by any person authorized by 495 Productions, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint 495 Productions as your agent with full power to enter into any document and/or do any act 495 Productions may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that 495 Productions shall not be liable for any use or disclosure of such User Content.

Third-Party Site. This Site may link you to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of 495 Productions, and you acknowledge that (whether or not such websites are affiliated in any way with 495 Productions) 495 Productions is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Site. The inclusion of such a link does not imply endorsement of any site or service by 495 Productions or any association with its operators.

495 Productions cannot ensure you will be satisfied with any products or services that you purchase from any third-party site that links to or from 495 Productions, since other shop channels are owned and operated by independent retailers. 495 Productions does not endorse any of the merchandise, nor has 495 Productions, taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party Site. 495 Productions does 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 us with respect to such Site. 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.

Proprietary Online Services. Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies, and guidelines of such proprietary online service.

Termination and Restriction of Access. 495 Productions reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Site or any portion thereof at any time, without prior notice. 495 Productions may also terminate or suspend your access to the Site for breach of these Terms of Use or inactivity, which is defined as failing to sign in to the Site for an extended period of time, as determined by 495 Productions.
Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL 495 PRODUCTIONS AND THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND/OR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, 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 SITE, ANY WEBSITE LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

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

Indemnification. You agree to defend, indemnify, and hold harmless the 495 Productions and its affiliates, licensors, and service providers, and their respective officers, directors, members, employees, contractors, 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, our Privacy Policy and/or your use of the Site, including, but not limited to, your Invited Submissions, any use of the Site’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.

Dispute Resolution and Binding Arbitration. YOU AND 495 PRODUCTIONS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

The losing party in an arbitration will be responsible for the cost of all parties’ legal fees.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR 495 PRODUCTIONS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

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, OUR PRIVACY POLICY AND/OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Jurisdiction and Venue. The Materials and all other content in and on this Site are presented solely for the purpose of providing information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates.

You agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms of Use, your use of the Site, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and 495 Productions. You also agree: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be a passive site that does not give rise to personal jurisdiction over 495 Productions, either specific or general, in any jurisdiction other than California.

If any court of competent jurisdiction finds the above arbitration and/or class action waiver provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, and the related appellate courts, in any related action or proceeding. Further, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Los Angeles, California, and the related appellate courts, in any related action or proceeding and agree shall to not raise any claims as to Los Angeles, California being an inconvenient forum.

Waiver and Severability. No waiver by 495 Productions 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 495 Productions to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement. The Terms of Use, our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and 495 Productions regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Claims of Infringement. If you believe that any content appearing on this Site infringes your copyright rights, we at 495 Productions want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent
Kirk Anderson / 4222 West Burbank Blvd. Burbank CA 91505 / [email protected]. Has the necessary DMCA Jurisdiction and Venue. The Materials and all other content in and on this Site are presented solely for the purpose of providing information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates.

495 Productions seeks to preserve all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

You agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms of Use, your use of the Site, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and 495 Productions. You also agree: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be a passive site that does not give rise to personal jurisdiction over 495 Productions, either specific or general, in any jurisdiction other than California.

If any court of competent jurisdiction finds the above arbitration and/or class action waiver provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, and the related appellate courts, in any related action or proceeding. Further, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Los Angeles, California, and the related appellate courts, in any related action or proceeding and agree shall to not raise any claims as to Los Angeles, California being an inconvenient forum.