Terms of Service.
Last updated November 10, 2023
Hello, and welcome to the Get It Made, Inc. Terms and Conditions (“Terms”). The Terms provided herein are important because they:
• Outline your legal rights and obligations as a user of or participant in Get It Made, Inc. (“GIM”)
• Explain the rights you give to GIM when you collaborate with GIM and participate in Get It Made, Inc.
• Describe the rules everyone needs to follow as part of the community of Get It Made, Inc.
Please read these Terms, our Privacy Policy, and any other terms referenced in this document carefully before agreeing to become a user, contributor, collaborator, or participant on GIM (collectively referred to herein as “users”). These Terms apply to all users of GIM regardless of the GIM platform being used.
AGREEMENT TO TERMS.
You hereby acknowledge and agree that these Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity you own or control (“you” or “your”), and Get It Made, Inc. ("Get It Made", “GIM”, “we”, “us”, or “our”), concerning your access to and use of the Get It Made, Inc. website and/or app as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, including any collaborative interactive medium operated by or controlled by us (collectively the “GIM Tech”; provided, that any reference in these terms to GIM shall and hereby does incorporate the GIM Tech). You agree that by accessing the GIM Tech and agreeing to use same in any capacity, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, INCLUDING ANY AMENDMENTS OR MODIFICATIONS THERETO THAT MAY BE MADE FROM TIME TO TIME, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING, CONTRIBUTING, COLLABORATING, OR PARTICIPATING WITH GIM AND/OR THE GIM TECH AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on GIM from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the GIM Tech after the date such revised Terms are posted.
The information provided on GIM is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access GIM from such other locations do so on their own initiative, at their own risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use GIM. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using GIM. We do not market to children under the age of thirteen (13) and do not allow persons under such age to access GIM.
YOUR SUBMITTED INFORMATION.
Except as otherwise specified in these Terms, you retain the rights in and to any information, including, but not limited to, questions, comments, suggestions, ideas, and feedback (your “Submitted Information”) that you submit, post, upload, or otherwise deliver to GIM. You shall not transfer or assign title in and to your Submitted Information to us solely by using the GIM Tech, or GIM platforms, website or mobile/desktop applications but you do grant us a perpetual, royalty-free, fully paid-up, non-exclusive, and irrevocable license to display, optimize, publish, and use your Submitted Information on GIM Tech, and/or GIM platform, website or mobile/desktop applications while you are an active subscriber, member or customer. You hereby represent and warrant that any Submitted Information is non-infringing to any third parties, and is original and proprietary to you or that you have the right to submit, post, upload, or otherwise deliver such Submitted Information to GIM in accordance with these Terms.
You are prohibited from posting or otherwise uploading to GIM any material that infringes on any copyright, trademark, trade names, trade secrets, or other proprietary rights of another (including publicity and privacy rights); material that is obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable; or material that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violates any law, rule, or regulation. You also represent that you have all necessary rights to submit, upload, or post any material that you submit, post, or otherwise upload to GIM.
You are further forbidden from distributing or otherwise publishing any material on GIM that contains any solicitation of funds or, promotion, employment, advertising, or solicitation for goods or services; sending unsolicited commercial e-mail and other advertising, promotional materials, or other forms of solicitation to other users of GIM; harvesting names and e-mail addresses from other users of GIM without written permission from GIM in each instance; soliciting passwords from other users of GIM; impersonating other users of GIM; or sending viruses or other destructive or expropriating content.
We reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity, or defamation, which, in our reasonable opinion, violate these Terms or as we deem appropriate or advisable, or to review or edit such materials in our sole discretion.
PROJECTS; GIM COMMISSIONS REGARDING CERTAIN SUBMITTED SCREENPLAYS. In addition to these Terms, we provide specific Program Rules and other documentation (“Program Rules”) for certain activities on GIM, including projects and other competitions (collectively "Projects") conducted by us. These Terms are incorporated by reference into the Program Rules. To the extent that any conflict exists between these Terms and the Program Rules, the specific Program Rules set for a particular Project shall govern. You acknowledge and agree that if you submit a script, screenplay, deck, proposal, statement, or any other substantive written material with respect to a Project (a “Screenplay”) to GIM and GIM determines to showcase and/or publicize such Screenplay on one or more of its platforms thereby allowing such Screenplay to be viewed by outside third parties, if such Screenplay is sold, licensed, optioned, developed, produced, generates any revenue, and/or is otherwise exploited in any manner or via any medium now existing or hereinafter invented throughout the Universe (each an “Exploitation”) as a result of such Screenplay being on a GIM platform (including without limitation by such Screenplay being introduced, found or discovered via such GIM platform), GIM shall be entitled to and you shall ensure that GIM receives ten percent (10%) of all gross, dollar-one revenue that you (or the loan-out or other entity(ies) that control(s) the Screenplay) receive with respect to each such Exploitation of the Screenplay (GIM’s “Commission”); such Commission(s) shall be in perpetuity and shall attach to any and all derivative projects of the Screenplay and/or any element of the Screenplay (including without limitation sequels, prequels, remakes, spin-offs, and/or the like), and you agree to inform every applicable third party of the foregoing and to include a provision complying with the foregoing in any contract and/or agreement that is made with respect to the Screenplay and any such derivative work, which provision shall specify that such payments shall be made directly to GIM and that GIM shall receive reasonable and timely information rights with respect to same. You further agree not to take any action or refrain from taking any action in an effort to circumvent or otherwise bypass the foregoing obligation, which for the avoidance of doubt shall survive your cessation of being a user.
OTHER INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS.
Except as otherwise indicated, GIM and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, website design, electronic product design, and animation) are owned by us and are protected by domestic and international copyright, trademark, and other intellectual property laws. We hereby give you permission to download and print materials from GIM for the sole purposes of viewing, reading, and retaining for reference the materials for your personal and non-commercial use. Any other copying, distribution, retransmission, use, or modification of information or materials on GIM, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify any material on GIM. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
You agree that you shall not access GIM or become (or remain) a member of our community if you are or become a direct competitor of GIM (in GIM’s sole discretion in each instance), unless you have obtained our prior written consent in each instance. Furthermore, you are prohibited from accessing GIM or joining our community for the purpose of monitoring its availability, performance, and functionality, or engaging in any benchmarking or competitive activities. If you are or become a competitor of GIM and have previously availed of any services offered by GIM, been a user, or established a profile on GIM, you hereby agree, in perpetuity, to refrain from creating a website, platform, fellowship, community, screenwriting program, subscription program, or any other similar means in competition with GIM that replicates, adapts, repurposes, or copies any material and proprietary aspect, component, or system of GIM. Moreover, if you have previously engaged in any financial transactions with GIM for the procurement of its services or have been a user, you hereby consent, in perpetuity, to refrain from establishing, in any form, a website, platform, fellowship, community, screenwriting program, subscription program, or any analogous endeavor that duplicates, copies, adapts, or reconstitutes any material and proprietary aspect, segment, mechanism, or component of GIM. Unauthorized or prohibited usage may result in you being held liable under civil and criminal statutes as applicable by law.
For so long as you are a user and for two (2) years after you cease to be a user, you hereby agree to refrain from soliciting, initiating, facilitating, or engaging in a professional association or interaction with an Industry Professional or other user with respect to any project or endeavor with which GIM would normally be involved as part of its usual business operations (i.e. an independent film, series, or other creative projects) without GIM’s involvement. An "Industry Professional or other user" is herein defined as any contributor to or user of GIM to whom you were introduced via GIM or with whom you worked while a user on a GIM project; for the avoidance of doubt, Industry Professionals are also users for purposes of these Terms. You agree that such associations and/or interactions during such period shall occur with GIM’s meaningful involvement on no less favorable terms than GIM would have with a similar creative project. Furthermore, you expressly undertake not to engage in data scraping, extraction, or any other methodologies aimed at procuring contact information for the explicit purpose of initiating communication with an Industry Professional outside the confines of GIM.
All users hereby expressly acknowledge and agree to maintain the strictest confidentiality regarding any trade secrets associated with GIM and/or the GIM processes, methods, and procedures. All users agree to and shall indefinitely safeguard, in no less than a reasonable manner, all confidential, proprietary, and/or non-public information acquired or obtained through or as a result of their interaction with GIM as confidential and shall not disclose same to any unauthorized third party unless legally compelled to do so. Unauthorized or prohibited use or disclosure of such information may result in legal consequences, including but not limited to civil liability and criminal prosecution, in accordance with applicable laws.
COPYRIGHT COMPLAINTS.
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion in each instance, terminate or limit the access of users who infringe or may infringe the copyrights or other intellectual property of others.
If you believe that your work has been copied and is accessible via GIM in a way that constitutes copyright infringement, or that GIM contains links or other references to another online location that contains material or activity that infringes your copyright(s), you may notify us by providing us the following information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act ("DMCA"):
Your contact information;
The name of your copyrighted work;
The URL on GIM that hosts or provides access to your copyrighted work;
A statement that you have not authorized GIM to use your copyrighted work;
A statement that the information you provide to us is accurate; and
Your electronic signature.
USER REPRESENTATIONS.
By using GIM, you represent and warrant that: (1) all registration information you submit, including user registration information, will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity to enter into these Terms and you agree to comply with these Terms; (4) you are not a minor under the age of thirteen (13), or if you are a minor greater than the age of thirteen (13), you have received parental or legal guardian permission to use GIM; (5) you will not access GIM through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use GIM for any illegal or unauthorized purpose; and (7) your use of GIM will not violate any applicable law, rule, or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, limit, and/or terminate your account and refuse any and all current or future use of GIM (or any portion thereof).
USER REGISTRATION. To become a user, you shall be required to register a user account with GIM. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, duplicative, misleading, or otherwise objectionable, in GIM’s sole discretion in each instance.
DEFINITION OF “GUARANTEED PATH TO PRODUCTION.”
You acknowledge and agree that you clearly understand that GIM defines their legally binding guarantee, marketed and described as a “Guaranteed Path to Production,” to produce a short film for each writer in only one of two ways:
you win a free script competition sponsored by us, or
in the event you do not win such a competition, but you accumulate sufficient “Membership Dues” or “Production Points” (as such terms are defined by us, as same may be amended by us from time to time in our sole discretion), where the conversion of such “Membership Dues” or “Production Points” converts, at a rate determined by us, to a converted amount that is more than or equal to the lowest cost of production, as defined by us, required to produce a concept film based upon your short script to be produced.
To qualify for the option described in Section 8(1)(2), you must have continually paid any and all membership fees and have been in good standing with GIM (in GIM’s sole discretion) without interruption from the day on which you signed up for GIM.
Should win a competition as described in Section 8(1)(1) or should your script be produced as described in Section 8(1)(2), we retain the full and sole right to determine the production budget for your script and the third-party contractors and talent to be retained for the production of your script.
PROHIBITED ACTIVITIES.
You may not access or use GIM Inc. for any purpose other than those for which we make GIM available. GIM may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing, which endorsement or approval may be revoked by us at any time and for any or no reason.
As a user of GIM, you agree not to:
Systematically retrieve data, including retrieval by means of any type of “scraping” or other automated data collection technique, or other content from GIM to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of GIM or any information hosted by or provided by GIM. “Unauthorized use” includes without limitation collecting usernames and/or email addresses of users by electronic or other means, sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on GIM.
Use GIM to advertise or offer to sell goods and services in any way, shape, or form similar to that provided by GIM.
Engage in any actions or communication that may or do result in harm, detriment, or injury to the reputation or interests of GIM. This prohibition expressly encompasses refraining from making any statements, whether oral or written, that are defamatory, derogatory, or disparaging in nature with regard to GIM or any of its owners, employees, contributors, or other users.
Circumvent, disable, or otherwise interfere with security-related features of GIM, including features that prevent or restrict the use or copying of any content/information or enforce limitations on the use of GIM and/or any content contained therein or thereon.
Engage in unauthorized framing of or linking to GIM.
Trick, defraud, or mislead us and other users of GIM, including any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of any electronic system of GIM, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on any electronic system operated by GIM or the networks or services connected to GIM.
Attempt to impersonate another user or person using GIM.
Sell or otherwise transfer your profile.
Use any information obtained from GIM in order to harass, abuse, or harm another person.
Use GIM as part of any effort to compete with us or otherwise use GIM and/or any proprietary content hosted by or provided by GIM for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of GIM.
Attempt to bypass any measures of GIM designed to prevent or restrict access to GIM or any portion of GIM.
Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
Delete the copyright or other proprietary rights notice from any GIM proprietary content, or any content hosted or provided by GIM.
Copy or adapt GIM’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of GIM or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of GIM.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange format files (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses GIM, or using or launching any unauthorized script or other software.
Make any statements that, in our sole discretion, defame, disparage, tarnish the business or personal reputation of, or otherwise harm, GIM and/or any GIM owners, employees, or other users, or any third parties.
Use GIM in a manner inconsistent with any applicable laws, rules, or regulations.
Cancel your subscription, and any payments owed for your subscription, until the first day of the next quarter beginning after the day on which you cancel.
GUIDELINES FOR REVIEWS.
We may provide you areas on GIM to leave reviews or ratings. When posting a review, you agree to and shall comply with the following criteria: (1) you must have firsthand experience with the person/entity being reviewed; (2) your reviews must not contain profanity or language that could reasonably be deemed to be abusive, racist, offensive, hateful, or contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, disability, or any other protected status; (3) your reviews must not contain references to or be in support of illegal activity; (4) you must not be affiliated with competitors of GIM if posting negative reviews, or post a review for the purpose of promotion of the business offerings of competitors of GIM; (5) you must not make any conclusions as to the legality of conduct; (6) you may not post any false or misleading statements; and (7) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute such review and all content relating to such review.
THIRD-PARTY WEBSITES AND CONTENT. GIM may contain (or you may be sent via GIM) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through GIM or any Third-Party Content posted on, available through, or installed from GIM, including the content, accuracy, reliability, or policies of or contained on the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, permitting the use of, or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms do not govern any Third-Party Websites or any Third-Party Content. You should review the applicable terms and policies of any Third-Party Websites or any Third-Party Content, including privacy and data-gathering practices, to which you navigate from GIM or relating to any applications you use or install from GIM. Any purchases you make through Third-Party Websites will be from third parties and we take no responsibility whatsoever in relation to such purchases, and you hereby waive and release GIM from any claims and/or related liability or damage with respect to same. We do not endorse Third-Party Content or the products or services offered on Third-Party Websites and shall not be liable for any harm caused by such content, products, or services. Additionally, we shall not be liable for, and you hereby release us from, any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any Third-Party Websites.
SITE MANAGEMENT. We reserve the right, but not the obligation, to (1) monitor GIM for suspected violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities and cooperating with same; (3) in our sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your use of GIM should we determine that you have violated these Terms; (4) in our sole discretion, and without limitation or notice to you, remove from GIM or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage GIM in a manner designed to protect our rights and proprietary content and to facilitate the proper functioning of GIM as we deem appropriate and/or advisable in our sole discretion.
PRIVACY POLICY. We care about data privacy and security. Please review our Privacy Policy at the URL http://getitmade.la/GIM Inc.-privacy-policy. By using GIM, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference. Please be advised GIM is hosted in the United States of America (“USA”). If you access GIM from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the USA, then through your continued use of GIM, you are transferring your data to the USA, and you expressly consent to have your data transferred to and processed in the USA.
TERM AND TERMINATION.
These Terms shall remain in full force and effect while you use GIM and/or while you remain a user of GIM. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF GIM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW, RULE, OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN GIM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
ANY ATTEMPT TO DELIBERATELY DAMAGE GIM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR PARTICIPATION IN GIM AND TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS.
We reserve the right to change, modify, or remove the contents of GIM at any time or for any reason in our sole discretion without notice. We have no obligation to update any information on GIM. We also reserve the right to modify or discontinue all or part of GIM without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of GIM, and you hereby release and hold us harmless from same.
We cannot guarantee GIM will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to GIM, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify GIM at any time or for any reason without notice to you. Nothing in these Terms will be construed to obligate us to maintain and support GIM or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW. These Terms and your use of GIM are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
DISPUTE RESOLUTION.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before filing a claim with a court. Such informal negotiations commence upon written notice from one Party to the other Party.
Any suit or action subsequent to the informal negotiations described herein shall be filed in the state and federal courts located in Los Angeles County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party under these Terms be commenced more than one (1) year after the Dispute arose.
CORRECTIONS. There may be information on GIM that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on GIM at any time, without prior notice and without notice after making such corrections.
DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT PROVIDED THROUGH GIM ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF GIM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH GIM AND YOUR PARTICIPATION IN AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF GIM’S PROPRIETARY CONTENT, THE CONTENT OF ANY THIRD PARTIES HOSTED ON GIM, OR WEBSITES LINKED TO GIM.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH GIM, INCLUDING ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS ON GIM, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, PARTICIPATION IN, OR USE OF GIM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF GIM AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GIM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH GIM BY YOU OR ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF GIM AND/OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA GIM.
IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF GIM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE-HALF (1/2) OF THE AMOUNTS PAID, IF ANY, BY YOU TO US. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION AND RELEASE. By accessing GIM, you agree to indemnify, defend, and hold harmless us and our parents, subsidiaries, affiliates, and our and each of their respective owners, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, costs and expenses, including, without limitation, attorneys' fees, arising from (1) your use of GIM in contravention of these Terms, (2) any of your actions that constitute willful infringement of any proprietary rights of third parties in or to any material that you submit, post, upload, or otherwise deliver to GIM, or (3) your violation of your warranty that you have the right to submit, post, upload, or otherwise deliver Submitted Information to GIM.
USER DATA. We will maintain certain data that you transmit to GIM for the purpose of managing the performance of GIM, as well as data relating to your use of GIM. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using GIM. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Certain of the data you submit to us may be governed under the terms of our Privacy Policy.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.
Contacting us through GIM, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on GIM, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA GIM.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS.
These Terms, and any policies or operating rules posted by us on GIM or in respect to GIM, constitute the entire agreement and understanding between you and us. These Terms operate to the fullest extent permissible by law. YOU AGREE THAT THESE TERMS, INCLUDING WITHOUT LIMITATION THE RESTRICTIONS CONTAINED IN SAME, ARE REASONABLE TO PROTECT THE LEGITIMATE BUSINESS INTERESTS OF GIM, AND ARE NOT INTENDED TO BE PUNITIVE OR OVERLY BURDENSOME TO YOU.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time. You may not assign any or all of your rights or obligations under these Terms without our prior written permission. These Terms shall be binding on our and your successors-in-interest.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any “Acts of God” or causes beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, overbroad, or unenforceable, that provision or part of the provision shall be deemed to be modified and effective to the extent allowed under applicable law, and/or shall be deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions or other parts of such provision.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or your use of GIM.
You agree that these Terms will not be construed against us by virtue of having been drafted by us.
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, it being understood and acknowledged that you have had prior opportunity to review these Terms, and have accepted these Terms when becoming a user of GIM.
GIM is not intended for use by children under the age of thirteen (13), and children under the age of thirteen (13) are not eligible to participate in any GIM projects, contests or activities.
CONTACT US.
INFO@GETITMADE.LA
GET IT MADE INC., 11333 MOORPARK STREET #50 STUDIO CITY, CA 91602 USA