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Welcome
to Together With You! We hope you enjoy your visit and find that
creating your personalized custom movie is fun and easy. Together
Now Productions (“we”, “us”, or “Together With You”) provides members a
fun, safe, and easy way to customize and personalize movies (the
“Process”) for the young children they love. Our goal is to
provide a service that fosters deep and personal relationships between
children and their families. However, before you (“you”) enter
the Together With You website (the “Site”) or set up your account with
Together With You, please read the following Terms and Conditions (the
“Terms”) carefully. These Terms govern your access to and use of
the Site and services offered by Together With You (collectively, the
“Service”). In addition, specific pages on the Site may contain
additional terms and conditions, all of which are incorporated herein
by reference. Please note that these Terms may be changed or
updated at any time without notice to you, but you can always find the
most recent version of these Terms here. Therefore, you should
periodically check this page to make sure you are up to date. In
the event that there are any inconsistencies between these Terms and
information included in other materials (e.g., promotional materials
and mailers), these Terms will always control.
If you
agree to these Terms and wish to access and use the Service, please
click on the “I Agree” button. This will constitute your
acceptance of a legally binding agreement between you and Together With
You governed by these Terms. Your access to and use of the
Service are expressly conditioned upon your acceptance of and
compliance with these Terms, and Together With You is relying on said
acceptance and compliance in agreeing to allow you to access and use
the Service. If you do not wish to accept these Terms, please
click the “Cancel” button, which means you will not be able to access
or use the Service. Please note that Together With You may
terminate your access and use of the Service if you violate any of
these Terms.
If you have any questions about these Terms, please contact service@togetherwithyou.com.
I. General Terms of Membership
- Together
With You membership (the “Membership”) is available to you only if you
are at least 18 years of age and submit certain requested information
to Together With You, including, but not limited to, your name and
correct email address. As a condition of your Membership, you
agree to (1) provide Together With You with true, accurate, current and
complete information about yourself when such information is requested
by Together With You, including, but not limited to, requests made by
questionnaires, surveys, registration forms or other forms of
informational requests; and (2) maintain such information and update
your information in order to keep it true, accurate, current and
complete.
- The Service is for your personal use only.
- As
part of setting up your account and completing your registration, you
may be asked to select a username and password. Together With You
may refuse to grant you a particular username for any reason in our
sole discretion, including, but not limited to, in the event that we
determine that said username impersonates someone else; is too similar
to another username; is protected by trademark or other intellectual
property law; is illegal, vulgar or otherwise offensive; or might
otherwise cause confusion. You will be responsible for the
confidentiality and any and all use of your username and
password. You agree not to transfer, assign or resell your use of
or access to the Service to any third party. You are entirely and
completely responsible for maintaining the confidentiality of your
username and password for any and all activities that are conducted
through your account, including, but not limited to, purchases.
- Your
Membership is conditioned upon your “Active Use” of the Service.
“Active Use” is defined as (1) uploading pictures onto the Site
for the purpose of personalizing a movie at least once every
ninety (90) days, or (2) purchasing a personalized movie from the Site
at least once every ninety (90) days. If you cease Active Use for
any reason, Together With You may terminate your Membership (or any
part thereof) and/or your use of the Service, and may remove and
discard all information, communications, postings, personalized movies,
image files, creative materials, photographs, links, comments and other
content (collectively, the “Content”) uploaded by you or otherwise made
available to you within the Service.
II. Member Conduct and Use of the Service
- Together
With You is committed to ensuring that the Service remains a fun,
creative and safe place to personalize movies for children.
Therefore, the Service allows members to be creative with their
Content. Anyone and everyone accessing and using the Service is
prohibited from using the Service to upload, process, store, digitize,
share, create or otherwise use “Prohibited Content.” Generally,
“Prohibited Content” includes, but is not limited to, Content or other
material that Together With You believes:
- Is abusive, deceptive, pornographic, obscene, lewd, defamatory, slanderous, offensive, libelous or otherwise inappropriate;
- Contains
viruses, worms, corrupt files, Trojan horses or any form of corruptive
code, or any other content that may negatively affect the Service;
- Advocates illegal activity;
- Constitutes
copyrighted or otherwise protected material used without the express
written permission of the owner of said material;
- Violates, infringes or otherwise encroaches on the rights of others;
- Harms anyone, including, but not limited to, minors; and/or
- Provides a link to any of the above.
- Together
With You shall have sole discretion in determining whether Content is
Prohibited Content, and any Content submitted to the Service may be
subject to periodic examination. Although Together With You does not
and will not examine or otherwise review all Content submitted to the
Service, Together With You may delete, move, and/or edit Content for
any reason, at any time, and without notice.
- Subject
to your acceptance and compliance with these Terms, Together With You
grants you a non-exclusive, non-transferable, non-sublicenseable,
limited right and license to access and use the Service, including the
images, text, graphics, sounds, data, links and other materials
contained in the Service (other than the materials you submit).
This license is made solely for the purpose of allowing you to
personalize movies for children. The Service, including, but not
limited to, all materials and intellectual property rights contained
therein and associates therewith, remain the property of Together With
You or its licensors or suppliers. Except as expressly authorized
by these Terms, you may not use, reproduce, distribute, modify,
transmit or publicly display the Service, or any portion thereof,
without the express written consent of Together With You.
- While accessing and/or using the Service, you agree not to:
- Abuse,
harass, stalk, threaten, defame, slander or otherwise violate the
rights of others, including, but not limited to, others’ rights to
privacy or rights of publicity;
- Impersonate
any person or entity, misrepresent your affiliation with any person or
entity, or use any fraudulent, misleading or inaccurate contact
information (including, but not limited to, email address);
- Inhibit
any other user’s access to or use of the Service, including, but not
limited to, by means of hacking or defacing any portion of the Service;
- Express or imply that any statements you make or your conduct are endorsed by us, without our prior express written consent;
- Upload, submit to, transmit through or display on the Service any of the following:
- Any
material that is illegal, fraudulent, abusive, threatening, defamatory,
libelous, slanderous, obscene, lewd, pornographic or otherwise
objectionable, or infringes upon our or any third party’s intellectual
property or other rights;
- Any
advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities, propaganda, marketing materials or other
unsolicited commercial communications, except as otherwise expressly
permitted by us; or
- Any confidential, private, proprietary or trade secret information of ours or any third party;
- Engage in spamming or flooding;
- Modify, adapt, sublicense, translate, sell or disassemble any portion of the Service;
- Remove any copyright, trademark or other proprietary rights notice contained in or displayed on any portion of the Service;
- “Frame”
or “mirror” any portion of the Service or link to any page of or
material on the Service other than the URL located at
http://www.togetherwithyou.com/ or the URLs provided by us to you for
such purposes as part of the Service;
- Use any
site search/retrieval application or other manual or automatic device
or process to retrieve, index, “data mine” or in any way reproduce or
circumvent the navigational structure or presentation of the Service;
- Collect information about users of the Service without obtaining their prior written consent; or
- Violate any applicable laws or regulations.
- All
Content (whether private or public) that is uploaded, processed,
stored, digitized, shared, created or otherwise used on the Site is the
sole responsibility of the person who submitted it. Therefore,
you are responsible for your Content.
- By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
- Together With You does not guarantee the accuracy, quality, or appropriateness of Content available through the Service.
- As
part of the Service, Together With You may offer members the right to
establish group rooms, shared rooms, or other similar capabilities on
the Site (collectively, the “Group Rooms”). Such Group Rooms
shall be permitted only at Together With You's option and shall be
subject to Together With You's terms and conditions. Group Rooms
may involve personalized pages on the Site; however, Together With You
does not guarantee the availability of any particular web page or
URL. Together With You reserves the right to revoke the right to
use a web page or URL and to reclaim, suspend, terminate and/or
transfer any such web page or URL at any time, which revocation,
reclamation, suspension, termination and/or transfer shall be made in
Together With You’s sole discretion. Together With You owns and
retains all right, title, and interest in the use of “Together With
You” or other Together With You property in association with Group
Rooms.
- Together With You may terminate
your access to and use of the Service immediately if you fail to comply
with any of the terms set forth in this Section II.
III. Digital Image Storage and Submissions
- Together
With You offers free storage of online photos to members who maintain
Active Use. There is no limit to the Content you can
upload. When you upload image Content to the Service, the
original resolution of your Content may be affected depending on the
upload speed you choose. Further, Together With You may, in its
sole discretion, crop and/or scale your uploaded images to 1920 pixels
wide by 1080 pixels high in order to process and produce your movie.
- You
should always preserve your original Content or make back-up copies of
such Content on your personal system. You should not use the
Service as the only repository or other source for your Content.
The Service is not intended to be used as a back-up solution for
storing your Submissions.
- In the event that you
upload Content to the Service or otherwise submit Content to Together
With You as part of your use of the Service, you will retain ownership
of any materials that you upload or submit (collectively, the
“Submissions”). You hereby grant Together With You and its designees a
worldwide, non-exclusive, sublicenseable, assignable, royalty-free,
fully paid-up, perpetual and irrevocable right to use, reproduce,
distribute, create derivative works of, and publicly display and
perform such Submissions solely in connection with the Service.
Except for the aforementioned license, Together With You does not claim
any ownership of any copyright in your Submissions. You
represent, warrant and covenant that you own or otherwise possess all
necessary rights with respect to your Submissions, and that your
Submissions do not and will not infringe, misappropriate, use or
disclose without authorization, or otherwise violate any intellectual
property or proprietary rights of any third parties. You further
represent, warrant and covenants that your Submissions are not
unlawful, fraudulent, threatening, abusive, libelous, defamatory,
obscene or otherwise objectionable.
- None of
your Submissions will be subject to any obligation, whether of
confidentiality, attribution or otherwise, on the part of Together With
You, and Together With You will not be liable for any use or disclosure
of any Submissions. You acknowledge and agree that we may, but
are not obligated to, do any or all of the following, at our sole
discretion:
- Monitor and/or filter any
Submissions, including, but not limited to, by means of blocking or
replacing expletives or other language that may be deemed harmful or
offensive;
- Alter, remove, or refuse to send,
transmit or otherwise use any Submission, including, but not limited
to, by suspending the processing and shipping of any order relating to
any Submission; and/or
- Disclose any
Submissions, and the circumstances surrounding the transmission and/or
use thereof, to any third party in order to operate the Services; to
protect our affiliates, distributors, partners, licensors, advertisers,
sponsors and users; to comply with legal obligations or governmental
requests; to enforce these Terms; and/or for any other reason or
purpose.
IV. Third Party Products
- As
a convenience to its members, Together With You may make third-party
websites, software and/or services available through the Service
(collectively, the “Third Party Products”), including by
downloading. Together With You has not reviewed all of the Third
Party Products that may be made available to you, and Together With You
has no control over (1) the content and operation of the Third Party
Products, or (2) the privacy or other practices of the Third Party
Products. The fact that the Service makes the Third Party
Products available to you does not indicate any approval or endorsement
by Together With You of any Third Party Products, and Together With You
makes no representations or warranties concerning, and is not liable or
responsible in any manner for, any performance, effectiveness or other
aspect of the Third Party Products. Third Party Products are made
available to you through the Service only as a convenience.
- In
order to use the Third Party Products, you will agree to the terms and
conditions imposed by the third party provider. The agreement to
use the Third Party Products will be solely between you and the third
party provider. You are responsible for all costs associated with
the Third Party Products, including, but not limited to, any applicable
license fees and service charges. Therefore, we strongly recommend
that you become familiar with the terms of use and practices of the
Third Party Products.
V. Purchases
- If
you choose to purchase any products or services through the Service,
you will be asked to supply certain information applicable to your
purchase, including, but not limited to payment and other
information. Any such information will be treated as described in
our Privacy Policy. All information that you provide to us or our
third party payment processor must be accurate, current and
complete. You agree to pay all charges incurred by you or any
users of your account and credit card (or other applicable payment
mechanism) at the prices in effect when such charges are
incurred. You also agree to be responsible for paying any
applicable taxes relating to your purchases. Together With You
may require verification of information applicable to any purchase
before it accepts any order. Price and availability of products
or services are subject to change without notice, and current prices
can be found on the Site.
- Together With
You will not charge you when you place your order. Title and risk
of loss for any purchase passes to you upon Together With You’s
delivery to its carrier. Together With You reserves the right to
ship partial orders (at no additional cost to you), and the portion of
any order that is partially shipped will be charged at the time the
order is placed.
VI. No Resale of Service
- Your use of the Service is for personal purposes only.
- You
will not (1) reproduce, duplicate, copy, sell, resell or exploit any
part of the Service; or (2) use or access the Service for any
commercial purpose.
VII. Copyright
- Together
With You is committed to protecting copyrights and requires that users
of the Service do the same. In order to provide the Service,
Together With You needs the rights to make use of all Content on the
Service. Accordingly, as a condition of your membership and in
accordance with these Terms, you grant Together With You and its
designees the right set forth in Section III(C) and III(D).
- The
Service is protected by United States and international copyright laws
and by other applicable laws. You may not Process any Content
owned by someone else without the written consent of the owner of such
Content. You are solely responsible for any copyright violations
that you may incur as a result of your activities on the Service.
- The
Digital Millenium Copyright Act of 1998 (the “DMCA”) provides legal
recourse for copyright owners who believe that material appearing on
the Internet infringes upon their rights under United States copyright
law. If you believe in good faith that any Content displayed on
or through the Service infringes upon your copyright, you or your agent
may send us a notice requesting that the material be removed or that
access to the material be blocked. The notice must include the
following information:
- Physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
- Identification
of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works are covered by a single notification, a
representative list of such works;
- Identification
of the material that is claimed to be infringing or the subject of
infringing activity, and information reasonably sufficient to allow us
to locate the material on the Service;
- Name, address, telephone number and email address of the complaining party;
- Statement
that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, his, her or its agent or the law; and
- Statement
that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
- If
you believe in good faith that a notice of copyright infringement has
been wrongly filed against you, the DMCA permits you to send Together
With You a counter-notice.
- All notices and
counter-notices must meet the statutory requirements imposed by the
DMCA at the time that such notices and counter-notices are sent.
For more information, see http://www.copyright.gov/.
- All notices and counter-notices regarding the Service should be sent to:
- Together Now Productions
Post Office Box 242344
Little Rock, Arkansas 72223
Attn.: Copyright Protection
Email: service@togetherwithyou.com
VIII. Privacy Policy
Together With You respects your privacy and has taken specific steps to protects it. For more information, please see our Privacy Policy.
IX. Termination
- In
its sole discretion, Together With You may terminate your Membership
(or any part thereof) or your use of the Service, and remove and
discard any Content at any time without notice to you. Such
termination and/or removal may occur for any reason, including, but not
limited to, (1) conduct that violates these Terms or other policies or
guidelines set forth by Together With You elsewhere within the Service;
(2) conduct that Together With You believes is harmful to other
Together With You users or the business of Together With You and/or its
affiliates; or (3) failure to maintain Active Use in the Service.
Together With You will not be liable to you or any third party for any
termination of your access to and/or use of the Service.
- Except
for the license to access and use the Service granted to you in Section
II(C), the rights and obligations of the parties set forth herein will
survive termination.
X. Indemnification
- YOU
HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TOGETHER WITH YOU,
INCLUDING, BUT NOT LIMITED TO, ITS AFFILIATES, DISTRIBUTORS, PARTNERS,
LICENSORS, ADVERTISERS, SPONSORS, DIRECTORS, OFFICERS, MEMBERS,
MANAGERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY,
THE “TOGETHER WITH YOU PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DAMAGES, LOSSES, EXPENSES (INCLUDING ATTORNEYS’ FEES) AND
COSTS, ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM ANY VIOLATION OF
THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER
PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR
ACCOUNT.
XI. Disclaimer of Warranties
- IN
NO EVENT AND UNDER NO CIRCUMSTANCES WILL TOGETHER WITH YOU OR THE
TOGETHER WITH YOU PARTIES BE LIABLE FOR ANY CLAIM OF ANY NATURE,
WHETHER DIRECT OR INDIRECT, WHICH ARISES FROM OR IS RELATED TO (1)
CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT
LIMITED TO, ERRORS OR OMISSIONS IN SUCH CONTENT, OR (2) LOSS OR DAMAGES
INCURRED INCURRED AS A RESULT OF CONTENT.
- THE
SERVICE, INCLUDING ALL MATERIALS INCORPORATED THEREIN AND ALL PRODUCTS
AND SERVICES MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR
OWN RISK. TOGETHER WITH YOU AND THE TOGETHER WITH YOU PARTIES DO
NOT WARRANT THAT (1) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE; (2) DEFECTS WILL BE CORRECTED, OR THAT THE
SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE
INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (3) THE SERVICE WILL MEET YOUR REQUIREMENTS.
- TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TOGETHER WITH YOU AND
THE TOGETHER WITH YOU PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SERVICE AND RELIANCE THEREON. NO OPINION, ADVICE
OR STATEMENT BY TOGETHER WITH YOU OR THE TOGETHER WITH YOU PARTIES,
WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY
WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
- IN
THE EVENT THAT THE PRODUCT YOU RECEIVE FROM TOGETHER WITH YOU IS
DAMAGED OR OF UNACCEPTABLE QUALITY, YOUR SOLE AND EXCLUSIVE REMEDY WILL
BE FOR TOGETHER WITH YOU TO EITHER (1) REFUND THE FULL AMOUNT OF THE
PRODUCT UPON RECEIVING THE RETURNED PRODUCT FROM YOU, OR (2) SEND YOU A
REPLACEMENT PRODUCT OF EQUAL OR LESSER VALUE AT NO COST TO YOU.
THE DETERMINATION AS TO WHETHER TOGETHER WITH YOU PROCEEDS WITH THE
REMEDY SET FORTH IN SECTION XI(D)(1) OR XI(D)(2) SHALL MADE BY TOGETHER
WITH YOU IN ITS SOLE DISCRETION. THE REMEDY SET FORTH IN THIS
SECTION XI(D) ARE LIMITED BY THE MONETARY AMOUNT SET FORTH IN SECTION
XII(B).
XII. Limitation of Liability
- TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER TOGETHER WITH
YOU NOR ANY OF THE TOGETHER WITH YOU PARTIES ARE RESPONSIBLE OR LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS, LOSS OF DATA OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY
TO THE SERVICE.
- YOUR SOLE AND EXCLUSIVE REMEDY
FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE
SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE
MAXIMUM LIABILITY OF TOGETHER WITH YOU ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS AND/OR THE SERVICE, WHETHER IN CONTRACT OR TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), SHALL BE LIMITED TO
$100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION SET FORT IN
THIS SECTION XII(B) MAY NOT APPLY TO YOU.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDY.
XIII. Choice of Law
The
state and federal courts of Arkansas are the exclusive forum and venue
to resolve any and all disputes arising out of or otherwise relating to
these Terms. You hereby consent to personal jurisdiction and venue by
the state and federal courts of Arkansas.
XIV. Modification of Terms
Together
With You may amend these Terms at any time, for any reason, and without
notice, including, but not limited to, the right to terminate the
Service or any part thereof. Any amendments or modifications to
the Terms made by Together With You shall be prospective only.
XV. Entire Agreement
- These
Terms constitute the entire agreement between you and Together With You
governing your use of the Service. In the case of inconsistencies
between these Terms and any information included in other materials
(e.g., promotional materials and mailers), these Terms will always
control. You may also be subject to additional terms and
conditions that may apply when you use Together With You affiliates’
services, third-party Content, or third-party software.
- The
failure of Together With You to exercise or enforce any of these Terms
will not constitute a waiver of such Term. If any Term is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless hereby agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of these Terms will remain in full force and effect.
XVI. Statute of Limitations
Regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to the Service or these Terms will be filed
within one year after such claim or cause of action arose, or be
forever barred.
XVII. Captions, Headings and Sections
Any
heading, caption or section title contained in these Terms is inserted
only as a matter of convenience and in no way defines or explains any
section or provision hereof.
XVIII. Reporting Violations
You may report abuse of these Terms to service@togetherwithyou.com.
XIX. Intellectual Property Notices.
Portions of the Service are covered by United States patents,
trademarks and copyrights, and other pending United States patent,
trademark and copyright applications. All rights reserved.
BY
CLICKING “I Agree” OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS,
YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE TERMS IN
THEIR ENTIRETY, (2) YOU AGREE TO THESE TERMS, AND (3) THESE TERMS
CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.
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