LMC PRODUCTION (lmcproduction.com) any other web site(s), network(s), affiliates, or service(s) owned and / or operated by LMC Production or any and all service(s) provided on or through the above stated web sites or any other web site(s) owned and / or operated by LMC Production shall be collectively referred to as the “LMC Production Service”.
This LMC PRODUCTION SERVICE AGREEMENT (this “Agreement”) is made and entered into on the date set forth below or by the date of the submitted registration form (the “Effective Date”) by and between StreamingBest a subsidiary of LMC Production (the ”Company”) with its principal business address in Lithia Springs, GA (hereafter referred to as “LMC {Production” or “Company” or Provider”, and the signer of this agreement.
WHEREAS, the signer desires to attend training session from LMC Production hereby agrees to provide to accept in full all the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties and/or the signee agree as follows:
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1. Eligibility, Registration Information, Fees and Training Sessions
1.1 THE LMC PRODUCTION SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 (UNLESS A PARENT OR GUARDIAN HAS BEEN IDENTIFIED) OR TO ANY USERS SUSPENDED OR REMOVED FROM LMC PRODUCTION TRAINING FACILITY BY LMC PRODUCTION OR THEIR AFFILIATES. BY USING THE LMC PRODUCTION SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR ACCOMPANIED BY A PARENT OR GUARDIAN AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE LMC PRODUCTION COURSE, ONLINE SERVICE OR CLASS.
1.2 You agree that the information you provide to LMC Production on registration and at all other times is true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. When accepting into the training program, you will be given a password. You will be responsible for all activities that occur under your account/password and should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
1.3 Subject to your compliance with all the terms and conditions contained herein, LMC Production grants all accepted students in good standing permission to use the LMC Production Service set forth hereunder.
2. Privacy
Your privacy is important to LMC Production. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to LMC Production a subsidiary of Streaming Best’s collection, use, and disclosure of your personal information.
3. Prohibited Conduct – BY USING OR ATTENDING THE LMC PRODUCTION COURSE, CLASS OR SERVICE YOU AGREE NOT TO:
3.1 Upload copyrighted material not your own or for which you don’t have the legal right to distribute, display and otherwise make available to others including, but not limited to, TV shows, movies, or music videos;
3.2 Harass, threaten, or defraud other LMC Production students, teachers, administrators, affiliates, etc.
3.3 Upload, post or send to other LMC Production Users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
3.4 Make unsolicited offers, advertisements, proposals, or send junk mail to other Users;
3.5 Impersonate another person or access another User’s account without that person’s permission;
3.6 Share LMC Production issued passwords with any third party or encourage any other User to do so;
3.7 Misrepresent the source, identity, or content of information transmitted via the LMC Production Service; and/or
3.8 Use the LMC Production Service for any illegal purpose.
4. Individual Features and Services
When using the LMC Production Service, you may be subject to any additional posted guidelines or rules applicable to those specific services and features, which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
5. Modification of the Terms, Fees & Modification of Fees
5.1 LMC Production reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms contained herein at any time. Please check these Terms and any Guidelines periodically to keep abreast of the changes. Your continued use of the LMC Production Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, the amended terms will automatically be effective 15 days after they are initially posted on the LMC Production Site, or affiliate site.
5.2 Certain products and services on the LMC Production Service have fees associated with them. Please see the terms associated with such products or services for more information. Payment of the applicable fees shall be governed by the following terms:
(i) The fees shall be payable upon request.
(ii) All monthly fees are processed via online subscriptions. (No exceptions) and become due on the 1st or 15th day of the moth.
(iii) The fees can be paid online, via standing order using the online payment gateway profile generated during the initial payment;
(iv) In the event the receipt of fees is skipped or cancelled by the online payment gateway or, for any reason, not received by LMC Production when due, LMC Production reserves the right to request all such outstanding fees or charges without taking into consideration the status of your account, whether active, suspended, terminated, or closed.
(v) All payments received by LMC Production shall be non-refundable. No exceptions.
(vi) If in the event you have not paid the monthly fee and your account is terminated, you can request to be reinstated at the sole discretion of LMC Production.
5.3 Payment Plans
LMC Production reserves the right, in its sole discretion, to modify the existing payment plans at any time.
6. Prohibited Uses.
6.1 Access to the LMC Production Web Site from territories where its content is illegal shall be prohibited. The LMC Production Service is designed for customers in the United States. Those who choose to access the LMC Production Service from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
6.2 The use of LMC Production Service for any purpose that is considered unlawful or illegal according to the applicable law is prohibited. You may not use the LMC Production Service in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the LMC Production Service. You may not attempt to gain unauthorized access to the LMC Production Service or any of its parts, other accounts, computer systems or networks connected to the LMC Production Service, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the LMC Production Service or any activities conducted on the LMC Production Service. You may not obtain or attempt to obtain any materials or information, through any means, not intentionally made available through the LMC Production Service. You agree neither to modify the LMC Production Service in any manner or form, nor to use modified versions of the LMC Production Service, including (without limitation) for the purpose of obtaining unauthorized access to the LMC Production Service.
6.3 The LMC Production Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the LMC Production Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the LMC Production Service.
7. Feedback
If you provide LMC Production with any comments, bug reports, feedback, or modifications proposed or suggested by you to the LMC Production Service (“Feedback”), LMC Production shall have the right to use such Feedback at its discretion, including, but not limited to, the incorporation of such suggested changes into the LMC Production Service and the right to assign, license or otherwise use the LMC Production Service. You hereby grant LMC Production a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
8. Termination
8.1 LMC Production Reserves The Following Rights At Its Sole Discretion at any time without prior notice…
a) remove and discard all or any part of your account or any content uploaded by you
b) terminate any account (or any part thereof) you may have with LMC Production and exclude the signee from all class and training sessions.
c) terminate the use of the LMC Production Service
d) discontinue providing access to the LMC Production Service, or any part thereof
e) discontinue and remove all such user accounts that have not been used or are deactivated on account of either non-payment of applicable fees or cancellation for an uninterrupted period of 90 calendar days
f) terminate access to the LMC Production Service and remove all content submitted by any persons who are found to be infringing copyright or other intellectual property rights of any other person
g) terminate your use of the LMC Production Service and denial from enter training or classes or work sessions on the grounds of any suspected fraudulent, abusive, or illegal activity; and to refer about such activity to appropriate law enforcement authorities. Notwithstanding anything to the contrary contained hereinabove, it shall be the endeavor of LMC Production not to exercise the discretion mentioned hereinabove except under compelling circumstances of the obvious breach of the Terms contained hereunder. You agree that LMC Production will not be liable to you or any third–party for any such termination. These remedies are in addition to any other remedies LMC Production may have at law or in equity.
8.2 Terminations (By You)
All signees, but submit a request to quit in writing 30 days in advance. All collected fees are (non-refundable).
8.3 Fees.
Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the LMC Production Service before termination, including any outstanding subscription fees.
9. Ownership; Proprietary Rights.
The LMC Production Service is owned and operated by Streaming Best a subsidiary of LMC Production.. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the LMC Production Service provided by LMC Production (“Materials”) are protected by United Kingdom copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the LMC Production Service are the copyrighted property of LMC Production or its subsidiaries or affiliated companies and/or third–party licensors. All trademarks, service marks, and trade names are proprietary to LMC Production or its affiliates and/or third–party licensors. Except as expressly authorized by Streaming Best, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
10. Third–Party Sites, Products and Services; Links.
10.1 The LMC Production Service may include links to other web sites or services solely as a convenience to Users (“Linked Sites”). LMC Production does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, LMC Production makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
10.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LMC Production Service are solely between you and such advertiser. YOU AGREE THAT LMC PRODUCTION WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE LMC PRODUCTION SERVICE.
11. Notice.
Except as explicitly stated otherwise, legal notices will be served on Streaming Best’s national registered agent or to the email address you provide to LMC Production during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.
12. User Disagreements.
You understand that only you shall be responsible for your involvement with other Users. LMC Production reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and permanently release LMC Production (and Streaming Best’s Affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
CALIFORNIA RESIDENTS:
IF YOU ARE A CALIFORNIA (USA) RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
13. Disclaimers; No Warranties.
13.1 THE LMC PRODUCTION SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LMC PRODUCTION SERVICE ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW. STREAMING BEST, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
13.2 LMC PRODUCTION, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE LMC PRODUCTION SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LMC PRODUCTION SERVICE WILL BE UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LMC PRODUCTION SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LMC PRODUCTION SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.3 LMC PRODUCTION ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE LMC PRODUCTION SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LMC PRODUCTION SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. LMC PRODUCTION STRIVES TO PROVIDE LMC PRODUCTION SERVICE FREE OF ANY DEFECTS AND / OR MALWARE. HOWEVER, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LMC PRODUCTION SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
14. Indemnification; Hold Harmless.
You agree to indemnify and hold LMC Production, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the LMC Production Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. LMC Production reserves the right, at our affiliate’s expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our or our affiliates defense of these claims.
15. Waiver.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require permission of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same.
16. Limitation of Liability and Damages.
16.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL LMC PRODUCTION OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE LMC PRODUCTION SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE LMC PRODUCTION SERVICE, OR ANY OTHER INTERACTIONS WITH STREAMING BEST, EVEN IF LMC PRODUCTION OR A LMC PRODUCTION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LMC PRODUCTION AFFILIATE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16.2 IN NO EVENT SHALL LMC PRODUCTION OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LMC PRODUCTION SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) . NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STREAMING BEST’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LMC PRODUCTION SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED GB POUNDS, WHICHEVER IS GREATER.
16.3 THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN LMC PRODUCTION OR IT’S AFFILIATES AND RECEIVED THROUGH OR ADVERTISED ON THE LMC PRODUCTION SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE LMC PRODUCTION SERVICE.
17.3 Severability.
If any provision of these Terms is declared by a competent court of law to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
17.4 Assignment.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Streaming Best’s Affiliate without restriction.
17.5 Survival. Sections 3, 5, 6, 7, 8, 9, and 11 through 18 will survive any termination of these Terms.
17.6 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
17.7 Entire Agreement.
This is the entire agreement between you and LMC Production and it’s Affiliate relating to the subject matter contained herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by LMC Production or it Affiliate as set forth in Section 5 above.
17.8 Claims.
YOU AND LMC PRODUCTION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE STREAMING BET SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
IN WITNESS WHEREOF, the parties have executed thus Agreement as of the date shown on the form submitted by the signer of this document.