TERMS OF SERVICE
1. INTRODUCTION: This website, agencyempire.to including its sub-domains and all feeds therein (individually and collectively, the “Site”), materials, goods, and/or services provided are published and maintained by Shut Down Media Corp. (“Company”). Please read the following terms of service (“Terms”) fully and carefully before accessing, displaying, or using the Site, including making any financial transactions via the Site. These Terms constitute a legally binding agreement and exclusively governs the use of the Site by users (“you”, “your”). By accessing or using the Site, creating an account, or taking a similar action to signify your affirmative acceptance of these Terms (such as clicking on “I ACCEPT” when prompted on applicable pages on the Site), you unconditionally accept and agree to be bound by the Terms. If you are entering into these Terms on behalf of a company or other legal entity or individual, your acceptance represents that you have the authority to bind such third-party. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND AN APPLICABLE THIRD PARTY, THEN COMPANY IS UNWILLING TO GRANT YOU RIGHTS TO USE THE SITE, ESTABLISH AN ACCOUNT, OR PROVIDE YOU ANY GOODS AND/OR SERVICES RELATED TO THIS SITE.
DISCLOSURE: COMPANY IS IN THE BUSINESS OF MAKING CONNECTIONS. THROUGH COMPANY INTRODUCING YOU TO OTHER THIRD-PARTIES ON THE SITE, COMPANY MAY RECEIVE COMMISSIONS OR OTHER COMPENSATION FROM SUCH THIRD PARTIES ON QUALIFYING PURCHASES THAT YOU MAKE.
2. EFFECTIVE DATE: The Terms are effective as of and were last updated on October 22, 2021.
4. COMPANY’S INTELLECTUAL PROPERTY: As between you and Company, all right, title, and interest in and to the Site and its contents, including all content, graphics, images, materials, text, and videos, along with the selection, coordination, arrangement, and organization of the Site (individually and collectively, “Content”) is owned and/or controlled entirely by Company and protected under domestic and international copyright and other similar intellectual property laws. Company’s name, logo(s), and overall brand, including the trademark for Agency Empire™, are protected under various domestic and international trademark laws. You are not authorized to use Company’s Content, copyrights, whether registered or unregistered, or trademarks without Company’s express written authorization.
5. GRANT OF RIGHTS: Subject to your full compliance with the Terms, Company grants you a limited license and permission to access and use the Site for its intended purposes. You shall not copy, capture, reproduce, remove, transfer, modify, manipulate, create derivative works from or based upon, republish, transmit, distribute, or exploit any Content unless otherwise expressly permitted by these Terms, under Company’s direction or instruction, or as permitted by law. Without limiting the foregoing, you are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Site, its Services or content; (ii) modify or make derivative works based upon the Site, its Services or content; (iii) “frame” or “mirror” any Site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose. Company reserves all rights in the Content. Upon termination of these Terms, all licenses and other rights granted by Company to you in these Terms will immediately cease (for the avoidance of doubt, all of your on-going obligations under these Terms shall survive).6. CONTENT: Company may add, change, discontinue, remove, or suspend any Content embodied on the Site, as well as the Site itself, at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Site at any time for any reason whatsoever and to block, moderate, or remove Content at any time in Company’s sole discretion.
9. ACCOUNT SECURITY: You acknowledge that your Account is unique and personal to you and you are responsible for maintaining the security of, and restricting access to, your account and password. You agree to accept responsibility for all purchases and other activities that occur under your Account. You are solely responsible for ensuring that all persons who access the Site via your Account are familiar with these Terms and that they will comply with them. You agree not to attempt to access your account by any means other than the interface Company specifically provides. You agree not to attempt to access your Account through automated means. If you know or suspect that anyone other than you knows your password or there has been a different breach of security in your Account, you must promptly notify Company at firstname.lastname@example.org.
12. COMPANY’S GOODS AND/OR SERVICES OFFERINGS: Company’s goods and/or services offered via the Site, are offered for sale as is and as available. Company may impose at any time quantity limits on any order, or reject all or part of an order, without prior notice. Company may change, discontinue, or remove goods and/or services offered via the Site at any time, without notice to you and without any liability.
13. SITE USER’S GOODS AND/OR SERVICES OFFERINGS: Third-party goods and/or services may be advertised, marketed, promoted, and offered for sale via the Site. Company urges all users of the Site, including you, to be responsible about the use of this Site and any third-party transaction entered into as a result of information gained on the Site. The Site provides an on-line database of contacts and/or marketplace to allow users advertise their goods and services on the Site. While Company may offer tools to allow users to communicate with each other and enter into agreements or other transactions, Company is not a party to any such agreements between users. This is true even if the Site allows you purchase or book a good or service. The Site merely acts as a resource to allow users to connect to enter into their own transactions. As a result, any part of an actual or potential transaction between users are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements with a third-party and it is your responsibility to negotiate and understand all such terms. Without limiting anything herein, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY THIRD-PARTY TRANSACTION), YOU HEREBY AGREE TO RELEASE, ABSOLUTELY AND FOREVER, AND DISCHARGE COMPANY, COMPANY’S AFFILIATIES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, LICENSEES, DESIGNEES, AND PARTNERS, AND EACH OF THEIR OFFICERS, DIRECTORS, MEMBERS, STOCKHOLDERS, EMPLOYEES, REPRESENTATIVE, AGENTS, AND PERSONNEL, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
15. SUPPORT: Upon your written request to email@example.com, Company shall endeavor to promptly answer questions you have about the Site during normal business hours.
17. CONTESTS: In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Contest”) made available by Company through the Site (including through Company’s social media channels) may have specific rules that are different from these Terms. By participating in a Contest, you agree to and will become subject to any specific Contest terms and conditions. Company urges you to review the rules before you participate in a Contest. In the event of any conflict between any the terms and conditions of a Contest and these Terms, the rules pertaining to such Contest will take priority over these Terms solely for that given term or condition.
20. CONFIDENTIALITY: You agree that all non-public information that Company provides to you regarding Company’s services, including Company’s pricing, marketing methodology, and business processes, is Company’s proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as a potential licensee, partner, or affiliate of Company, and to not disclose this information to any third-party.
21. FORCE MAJEURE. Without limiting any other provision herein, Company shall not be liable for damages of any kind, under any legal theory, arising out of or in connection with any claim for losses or injuries resulting from events beyond Company’s control, including for any delay or failure of delivery of access to the Site, including, acts of god, acts of civil or military authority, pandemics, the application of security or health-related regulations imposed by any governmental authority, fires, earthquakes, tornados, hurricanes, riots, wars, embargoes, Internet disruptions, hacker attacks, communications failures, work stoppages or other labor disputes.
22. TERMINATION. You agree that Company may terminate your account and access to the Site without prior notice.
23. REPRESENTATIONS AND WARRANTIES: You represent and warrant the following:
i. You accept and agree to abide by all of the terms and conditions contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 13 years of age and if under 18 years of age, you have, and will have at all times, have your parent or legal guardian’s consent in regards to your access and use of the Site; ii. Your access of use of the Site constitutes your acknowledgement and acceptance that your activities in regards to the Site are lawful in every jurisdiction where you access or use the Site. You agree to comply with all laws, rules and regulations (federal, state, local, and provincial) applicable to your use of the Site and Your Content;
iii. You agree that your use of the Site, including uploading Your Content, will not violate any law, regulation, or right of any third-party, including any copyright, trademark, patent, trade secret, publicity, or privacy law. You expressly warrant and represent that you have all necessary licenses, rights, consents, and permissions to Your Content. You agree you are not authorized to use the Site or Company’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, violent, nude, partially nude, discriminatory, or pornographic material, or any other material which Company deems to be objectionable (in Company’s sole discretion). You are responsible for all content and information shared with other users on the Site and Company is not a party to any agreement between users of Site. All transactions occurring between users is done so at your own risk;
iv. You will not interfere with any third party’s use and enjoyment of the Site, including sending unsolicited emails or “spam” messages or contact any other visitor or user of the Site for any illicit purpose or who has requested not to be contacted. You understand it is strictly prohibited to post or transmit, directly or indirectly, any unlawful, threatening, defamatory, obscene, or infringing material or impersonate any persons while using the Site;
v. You will not cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’, software, hardware or telecommunications equipment, uploading, posting, hosting, transmitting any code or materials of a destructive nature, or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site or any goods or services provided by Company;
vi. You will not access the Site through unpermitted automated means, including use of scripts or web crawlers, present on this site, including agreeing to not to use the Site in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement;
25. SITE DISCLAIMER: This Site is made available “as is” and “with all faults.” Use of the Site, and engaging in transactions with other users of the Site, is entirely at your own risk and you should use your best judgment and exercise caution while using the Site and working with third parties. In accordance with the foregoing, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise in connection with the Site and your use thereof, including, warranties of merchantability, fitness for a particular purpose, and non-infringement. Company explicitly does not warrant that the Site or any Content will meet your requirements. Company makes no guarantee that your use of the Site, and all other features or functionalities associated with the Site, or delivery or display of the Site, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. Company is not responsible or liable to you for any outages due to a third-party failure relating to the Site, including your failure to log-in to your account due to an issue involving a third-party authenticator, like Facebook. Company will not be liable in the event others acting with or without your permission use your account and/or payment method to make purchases on the Site. You understand that the Site may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information within the Site is inaccurate at any time without prior notice (including after you have submitted an order). Company undertakes no obligation to update, amend or clarify information in the Site, including pricing information, except as required by law. No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated. Regardless, Company strives to provide accurate descriptions of all materials available on the Site and every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, please contact Company at firstname.lastname@example.org. Company specifically disclaims all liability for damages arising out of agreements entered into between you and another user of the Site. NOTWITHSTANDING THE FOREGOING, IF ANY IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
26. LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, Company shall not be liable to you or any third-party for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, loss of data, loss of business or anticipated savings, loss of use, loss of goodwill, or other damages which are in any way related to your use of the Site, regardless of legal theory (including, but not limited to contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company has been advised of the possibility, foreseeability, or probability of such damages, and even if the remedies otherwise available fail for their essential purposes. UNLESS OTHERWISE PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE AND PRODUCTS WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
27. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Company, Company’s affiliates, subsidiaries, parents, successors, assigns, licensees, designees, and partners, and each of their officers, directors, members, stockholders, shareholders, employees, representatives, agents, and personnel, from and against all claims, actions, suits, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or incurred in connection with: (i) your breach or alleged breach of these Terms; (ii) Your Content; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation, all regulatory, administrative and legislative authorities; (v) your use of the Site; and (vi) your negligence or willful conduct in regards to these Terms; all of the foregoing to the fullest extent permitted by applicable law. Notwithstanding anything to the contrary contained herein, this indemnification obligation shall survive these Terms and your use of the Site. Company reserves the right to take over the exclusive defense of claims for any claim any of the foregoing is entitled to indemnification, and in such an event, you shall provide prompt and reasonable cooperation to Company or its designees. You will not in any event settle any claim any of the foregoing is entitled to indemnification for, without the prior written consent of Company.
28. USE IN UNITED STATES: This Site is intended for use only from within the United States. Company does not represent that this Site is appropriate for use elsewhere. Access to this Site from locations where its contents are illegal is not authorized.
30. HEADINGS: Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms.
31. BINDING AGREEMENT: The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives.
32. MODIFICATION TO TERMS: The Terms cannot be modified or amended, except as expressly provided for herein. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole discretion, and such new Terms will immediately take effect upon Company posting such new Terms on the Site. You are encouraged to frequently visit the Site, specifically at agencyempire.to/termsofservice to review the current Terms. Notwithstanding the foregoing, Company will attempt to notify you of any material changes to the Terms. Your continued use of the Site following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding changes to the Terms can be directed to Company at: email@example.com.
33. ASSIGNMENT: The Terms are personal to you (or the company or other legal entity or individual you are entering into these Terms on behalf of), and are not otherwise assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms.
34. SEVERABILITY: If any part of the Terms is deemed by a court of law or authority of competent jurisdiction to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed.
35. WAIVER: The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party.
36. SURVIVAL: All provisions of these Terms, which by their nature should survive termination or expiration of these Terms, shall survive termination or expiration.
37. NO AGENCY: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.
38. USER DISPUTES: Notwithstanding anything to the contrary contained herein, you agree that you are solely responsible for your interactions with any other user in connection with the Site and Company will have no liability or responsibility with respect thereto. Notwithstanding the foregoing, Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.
39. CHOICE OF LAW: The laws of the State of California applicable to contracts entered into and performed within California (and notwithstanding any conflict of law principles) shall exclusively govern these Terms and any disputes between you and Company, including all disputes arising out of these Terms, unless otherwise prohibited by law. Notwithstanding anything to the contrary contained herein, the application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
40. ARBITRATION: You and Company agree that any and all disputes or claims that arise between you and Company, whether arising out of or relating to these Terms, your use of the Site, and any other aspect of the relationship or transactions between you and Company, shall be resolved exclusively through final and binding arbitration administered before the American Arbitration Association (the “AAA”) under its consumer arbitration, or other applicable, rules (the "AAA Rules") then in effect, subject to the terms of this arbitration provision. For the avoidance of doubt, you understand that by agreeing to the Terms, you and Company are each waiving the right to a jury trial or to participate in a class action or class arbitration, except for the limited exclusions expressly set forth herein. Notwithstanding the foregoing, you may assert some claims in “small claims” court pursuant to certain provisions in the AAA rules regarding small claim actions, but only if your claim is under $10,000, otherwise qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis (as further set forth below).
41. ARBITRATION CONDITION PRECEDENT: Company is always interested in resolving disputes amicably and efficiently, and Company anticipates most user concerns can be resolved quickly by emailing Company at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Arbitration Notice”). The Notice to Company should be sent to Company at the following address, 1539 N. Bronson Ave. Apt 24, Los Angeles, CA 90028 USA and via email to email@example.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If You and Company do not resolve the claim within ninety (90) calendar days after a valid Arbitration Notice is received by Company, you or Company may commence an arbitration proceeding.
42. ARBITRATION PROCESS: Any arbitration of a dispute will be handled by a sole AAA arbitrator with significant experience in the subject-matter to which the claim or dispute is based upon. You and Company agree that the arbitrator shall have the power to rule on any objections with respect to the existence, scope, or validity of the arbitration provisions contained herein or to the arbitrability of any claim or counterclaim. The arbitrator must follow these Terms and has the power to award the same damages and relief as a court could award (including reasonable attorney fees and costs, as and when specified in these Terms), except that the arbitrator may not award you any declaratory or injunctive relief, unless otherwise expressly permitted in the Terms. Notwithstanding the foregoing, if there is any inconsistency between any term of the AAA Rules and any term of this arbitration provision, the applicable terms of this arbitration provision will control unless the arbitrator determines that the application of the inconsistent term(s) would not result in a fundamentally fair arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Any arbitration judgement award or other relief may be entered in any court that has jurisdiction, and may only be challenged by you or Company if there if the arbitrator makes a clear error of law. The arbitration shall be in English. The parties shall mutually bear the cost of any filing, administrative, or arbitrator fees, unless otherwise agreed to by Company. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, including the amount of any settlement offer made by either party or any judgement to which a party is entitled.
43. CHANGES TO ARBITRATION POLICY: If Company makes any material changes to the arbitration sections of the Terms after the date you last accepted these Terms, those changes will not apply to any claims filed in a proceeding against Company prior to the date the changes became effective. Company will strive to notify you of substantive changes to this section at least thirty (30) days prior to the date the change will become effective. If you do not agree to the modified terms in this section, you may send Company a notification via firstname.lastname@example.org or close your Account within those 30 days. By rejecting a modified term or permanently closing your Account, you agree to arbitrate any disputes between you and Company in accordance with the provisions of this section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed Account or create a new Account, you agree to be bound by the current version of this arbitration provision and Terms.
44. VENUE: Unless Company and you agree otherwise, any arbitration hearings will take place in Los Angeles County, CA Notwithstanding the foregoing, if your claim is for $10,000 or less and not pursued by you in “small claims” court pursuant to certain provisions in the AAA rules, Company agrees that you may choose whether the arbitration will be conducted solely electronically on the basis of documents submitted to the arbitrator or through a telephonic hearing (subject to AAA’s approval). If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
45. NON-ARBITABLE DISPUTES: In the event that any dispute related to these Terms is not subject to the arbitration provisions herein, you and Company agree that any such dispute shall be exclusively resolved in the courts located in Los Angeles County, CA. Notwithstanding anything to the contrary contained herein, Company may pursue directly in court and not via the arbitration process set forth above, in Company’s sole discretion, emergency equitable relief, including injunctive relief, for your actual or alleged breaches of these Terms in regards to: (i) your confidentiality obligations; (ii) your harassment of other users of the Site; (iii) any defamatory statement made by you; and (iv) unauthorized use of Company’s intellectual property.
46. FURTHER ARBITRATION EXCLUSIONS: Nothing in this arbitration provision shall preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Company on your behalf.
47. REMEDIES: All of Company’s rights and remedies are cumulative and shall in no way affect any remedy available to Company under equity or law. You agree that any violation of the breach of the Terms by you may result in irreparable harm to Company, that monetary damages may be inadequate, and you hereby agree Company shall be entitled to seek injunctive relief, without the need to post any bond or proving any damages. Notwithstanding anything to the contrary contained herein, you may not seek any equitable or injunctive relief under these Terms, and you may only seek damages against Company in the form of your actual monetary damages.
48. CLAIM PENDENCY: Any alleged claim or cause of action you may have with respect to your use of the Site or these Terms must be commenced within one (1) year after the alleged claim or cause of action arises, unless otherwise prohibited by law.
49. CLASS ACTION AND REPRESENTATIVE ACTION PROHIBITION: YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF, SUBJECT TO THE TERMS HEREIN) ONLY IN FAVOR OF THE PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
50. EXPORT CONTROL: This site may provide services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. You acknowledges and agree that the Site and services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
51. NOTICE: All legal notices to Company or you pursuant to these Terms will be in writing and will be delivered by personal delivery or certified mail and will be deemed given upon delivery or sent via email (including to the email address associated with your Account) and will be deemed given upon confirmation of receipt. Notwithstanding the foregoing, all legal notices pursuant to these Terms are required to be sent by you to Company to the following email address: email@example.com.
52. INTELLECTUAL PROPERTY POLICY: Company respects the intellectual property rights of others and desires to offer a Site that contains no material that violates the intellectual property rights of others. Company has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Site, you may notify Company’s intellectual property designated agent by email at firstname.lastname@example.org with “Agency Empire - Notice of Infringement” in the subject line, which contains:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest allegedly infringed;
2. A description or identification of the copyrighted work(s) (or other intellectual property interest(s)) that you claim has been infringed;
3. A description or identification specifying the location on the Site of the material(s) that you claim is infringing, including all URL addresses;
4. Your name, email address, mailing address, and telephone number;
5. A statement by you that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and
6. A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.
You acknowledge that if you fail to comply with all of the requirements of this section, your notice will be invalid under these Terms, and potentially other intellectual property laws.
Questions, comments and requests in relation to these Terms are welcome and should be addressed to email@example.com
LAST UPDATED: OCTOBER 22, 2021
INFORMATION COMPANY COLLECTS
In General. Company may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through the Site, the information may be sent to servers located in the United States. "Personal Data” or “personal information” or “protected information” as used herein and the Terms, is any information which are related to an identified or identifiable natural person, such as name, an identification number, location data, an online identifier or one of several special characteristics, which expresses the physical, physiological, genetic, mental, commercial, cultural or social identity of these natural persons.
Information you provide. Company may collect and store your personal information that you enter on the Site or provide to Company in a variety of manners. This includes identifying information, such as your name, address, email address, and telephone number, and, if you transact business with Company, financial information such as your payment method (valid debit/credit card number, type, expiration date or other financial information). Company may also request information about your interests and activities, such as your own goods and service offerings and desired contacts.
Information about others. Company may collect and store personal information about other people that you provide to Company, such as their name, address and email address. If you use the Site to post or disseminate such information, you authorize Company to collect and store such information.
Information collected automatically. Company automatically collects information from your browser when you visit the Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from Company (see "Cookies" below), and the referring website address.
Cookies and Use of Cookie Data. When you visit the Site, Company may assign your computer one or more cookies, to facilitate access to the Site and to personalize your online experience. Through the use of a cookie, Company also may automatically collect information about your online activity on the Site, such as the web pages you visit, the time and date of your visits, and the links you click. During your visits to other websites where Company advertises, Company (or third parties) may use certain data collected on the Site to show you advertisements likely to be of greater interest to you. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on the Site used for targeted advertising during your visits to other websites. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on the Site. Other cookies may reflect de-identified demographic or other data linked to the registration data you have submitted to Company, e.g., your email address, in hashed, non-human readable form. No personally identifiable information is contained in these cookies.
Participation in Google’s Adsense Network. Company reserves the right to participate in Google’s AdSense network for purposes of serving 3rd Party Behavioral Ads. Google uses specific cookies in its AdSense network. You may opt out of the use such cookies by viewing the information found on http://www.google.com/privacy_ads.html.
Pixel Tracking. A tracking pixel, also known as a marketing pixel, is a 1x1 pixel graphic used to track user behavior, site conversions, web traffic, and other metrics similar to a cookie. The tiny pixel-sided image is usually hidden and embedded in everything from banner ads to emails. Tracking pixels are embedded into the Site’s HTML code, which contains an external link to the pixel server. When you visit Company’s website, the HTML code is processed by the browser, follows the external link, and opens the hidden graphic.
Company may deploy retargeting pixels, which tracks a user through different sites and social media platforms. These pixels will provide you with a better experience on the Site, but suggesting targeted and relevant content.
Company may deploy conversion pixels, which are active once you make a purchase through the Site. These pixels will track results from a specific ad campaign, which measure the conversion rate.
Company may also deploy Facebook pixels, which are used in conjunction with Facebook Ads. These pixels track users who interact with both Facebook ads and the Site.
Other Technologies. Company may use standard internet technology, such as web beacons and other similar technologies, to track your use of the Site. Company also may include web beacons in advertisements or email messages to determine whether messages have been opened and acted upon. The information Company obtains in this manner enables Company to customize the services offered to Company’s website visitors, to deliver targeted advertisements, and to measure the overall effectiveness of Company’s online advertising, content, programming or other activities.
If you ask to be added to Company’s mailing list, Company will keep you updated with information on news, offers, updates, and other products, services, and events via email. Company may use pixels in email campaigns that allow Company to collect your email and IP address as well as the date and time you open an email or click on any links in the email.
In line with the legitimate interest Company has in promoting Company’s business, Company will use the email address you give to Company to provide you with this information. If you would like to be removed from that list, please let Company know by clicking unsubscribe at the bottom of any marketing email that you receive. After you unsubscribe, you will be removed from Company’s applicable mailing list within a reasonable amount of time.
USE OF INFORMATION COMPANY COLLECTS
In General. Company may use information that is collected about you to:
• deliver the Site• deliver the products and services that you have requested.• manage your account and provide you with customer support.• perform research and analysis about your use of, or interest in, Company’s products, services, or content, or products, services or content offered by others.• communicate with you by email, mail, telephone and/or mobile devices about products or services that may be of interest to you either from Company or other third parties.• develop and display content and advertising tailored to your interests on the Site and other sites.• verify your eligibility and deliver prizes in connection with contests and sweepstakes.• enforce or exercise any rights in the Terms.• manage Company’s business.• provide advertisements to you when you visit other sites.• perform functions as otherwise described to you at the time of collection.• Promote and administer Company’s legitimate business interests
Financial information. Company may use financial information or payment method information to process payment for any purchases made on the Site, enroll you in a subscription, affiliate or other program in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage Company’s business.
WHO YOUR INFORMATION IS SHARED WITH
Personal information. Company does not share your personal information with others except as indicated herein, in the Terms, or when Company informs you and gives you an opportunity to opt out of having your personal information shared. Company may share personal information with:
Service providers: Company may share your Personal Data, which may include your name and contact information (including email address), with third parties that perform certain services on Company’s behalf. These services may include fulfilling orders, connecting you with other users on the Site, providing customer service and marketing assistance, performing business and sales analysis, member screenings, supporting Site functionality, and supporting contests, sweepstakes, surveys, and other features offered through the Site. Company may also share your Personal Data and credit card information with authorized service providers who process financial payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes. Currently, Company uses the following service providers:
• Stripe• FirstPromoter• Outseta• Airtable• Covelent• Typeform• Circle.So• Dropbox• ActiveCampaign• Hellosign• Calendly
Business partners: When you make transactions on the Site or click-through advertisements offered on third party websites, Company may share personal information with the businesses with whom Company partners to offer you the applicable goods, services, or advertisements. When you elect to engage in a particular merchant's offer or program, you authorize Company to provide your email address and other information to that merchant.
Other Situations. Company also may disclose your information, including personal information:In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise Company’s legal rights; to defend against legal claims; or as otherwise required by law. In such cases, Company may raise or waive any legal objection or right available to Company.
In connection with a corporate transaction, such as the sale of Company’s business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Anonymized and non-personally-identifiable information. Company may share non-personally-identifiable information collected under any of the above circumstances. Company may also share it with third parties to develop and deliver targeted advertising on the Site and on websites of third parties, and to analyze and report on advertising you see. Company may combine non-personally-identifiable information collected with additional non-personally-identifiable information collected from other sources. Company also may share anonymized, non-personally-identifiable information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business and other analysis.
Disclosure to Company’s Affiliates and Resellers; Your California Privacy Rights. Company reserves the right to disclose your protected information to any of Company’s (i) affiliates that referred you to the Site, and (ii) resellers that may re-sell Company’s products or services to you. Company may also disclose your protected information to any marketing partners that may participate in the offer or related fulfillment. California Civil Code Section 1798.83 permits California residents to request certain information regarding disclosure of their personal information to third parties for purposes of direct marketing. You may request further information about Company’s compliance with California Civil Code Section 1798.83 at the following email address: firstname.lastname@example.org. Please note that Company is only required to respond to one request per registrant each year, and Company is not required to respond to requests made by means other than through this the address provided above.
Disclosure When Company Acts as an Affiliate or Reseller for Others. Company may act as an affiliate or reseller for certain of Company’s marketing partners for purposes of selling their products or services to you, and Company reserve the right to right to disclose your protected information to them for purposes of transaction processing, fulfillment, and support. These marketing partners may also email you regarding complementary products or services, however, you have two ways to opt out of receiving these emails – (i) contact Company (as provided below under the contact heading) with a request to opt out, or (ii) wait until you receive an email from them and then unsubscribe.
SALE OF PROTECTED INFORMATION
Company does not sell your protected information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Company may disclose your protected information for the following purposes, which are not a sale: (i) if you direct Company to share your protected information, (ii) to comply with your valid requests under the California Consumer Privacy Act of 2018, and its successors, (iii) disclosures as part of a merger or asset sale, and (iv) as otherwise required or permitted by applicable law. Similarly, Company does not offer financial incentives associated with the collection, use, or disclosure of your protected information.
Additionally, Nevada law (SB §220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. Company does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law.
THIRD PARTY WEBSITES
ACCESSING YOUR INFORMATION
YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION
You can choose not to provide Company with certain information, but that may result in you being unable to use certain features of the Site because such information may be required in order for you to register an account; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on the Site. At any time you can choose to no longer receive commercial or promotional emails from Company by submitting this request to email@example.com or opting out at the bottom of applicable emails. Company shall have a reasonable amount of time to process an opt-out request. Company may send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications, will only affect future activities or communications from Company. If Company has already provided your information to a third party (such as a service provider) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party. You can also control information collected by cookies. See above for information about declining or deleting cookies.
PROTECTION OF YOUR INFORMATION
Company takes appropriate security measures to help safeguard your personal information from unauthorized access and disclosure. Company wants you to feel confident using the Site to transact business. However, no system can be completely secure. Therefore, although Company takes steps to secure your information, Company does not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.
INFORMATION YOU PROVIDE ABOUT YOURSELF WHILE USING OUR SERVICE
Company provides areas on the Site where you can post information about yourself and others and communicate with others or upload media content. Such postings are governed by the Terms. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. Company cannot control who reads such information or what other users may do with the information you voluntarily post, so Company encourages you to exercise discretion and caution with respect to your personal information.
Company is committed to preserving online privacy for all of its website visitors, including children. This site is a general site not geared to children. Consistent with the Children’s Online Privacy Protection Act (COPPA), Company will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, Company will remove the information from Company’s active list at your request. To request the removal of your child’s information, please contact Company at firstname.lastname@example.org and be sure to include in your message the same login information that your child submitted or other applicable information for Company to identify the child’s information.
If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact Company using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. Company will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from the Site or Company’s systems.
VISITORS FROM OUTSIDE THE UNITED STATES
Company will hold your personal information for as long as is necessary for the relevant purpose for which that personal information was obtained unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). To determine the appropriate retention period for personal information, Company considers the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which Company process your personal information, whether Company can achieve those purposes through other means, and the applicable legal requirements. Notwithstanding the foregoing, Company retains personal information while your account is active and not closed, and if you do not delete your account, your personal information may remain within your account even if you have not recently visited the Site. You can delete your account at any time by following the instructions in the account settings. If you would like Company to stop using or holding your personal information and would like to request its deletion, please email Company at email@example.com
GDPR FOR EUROPEAN UNION USERS
The personal information Company collects is necessary to utilize the features of the Site. Without providing personal information such as your name and email address, Company would be unable to connect you to other users or bill you for Company’s services.
DISCLOSURE TO SUCCESSORS
If Company is acquired by or merged with a third party entity, or if Company sells this website business or a line of business from this website, Company reserves the right to transfer your protected information as part of such merger, acquisition, sale, or other change in control. In the unlikely event of Company’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, Company reserves the right to transfer your protected information to protect Company’s rights or as required by law.
NO THIRD PARTY RIGHTS
Shut Down Media Corp. Attn: Data Protection Officer1539 N. Bronson Ave. # 24Los Angeles, CA 90028 USAhey@agencyempire.to