LAST UPDATED: March 10, 2016
Welcome to ACTOFCOMMUNICATION.COM. These Terms and Conditions apply to the ACT OF COMMUNICATION®, Inc. website located at www.ACTOFCOMMUNICATION.COM and all other sites, services, and tools where these Terms and Conditions appear or are linked (collectively, the "Site"). As used in these Terms and Conditions, “ACT OF COMMUNICATION®,” "us", or "we" refers to ACT OF COMMUNICATION®, Inc. and its subsidiaries and affiliates.
USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS
BY ACCESSING OR OTHERWISE USING THE SITE, OR OTHERWISE INTERACTING WITH ACT OF COMMUNICATION®, YOU AGREE TO THESE TERMS AND CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms and Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms and Conditions, and any reference to these Terms and Conditions includes the Additional Terms.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of ACT OF COMMUNICATION® or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site are the exclusive property of ACT OF COMMUNICATION® and protected by U.S. and international copyright laws. ACT OF COMMUNICATION® and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
ACT OF COMMUNICATION® grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms and Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms and Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms and Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms and Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms and Conditions. As a condition of your use of this Site, you warrant to ACT OF COMMUNICATION® that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
You may be required to register with ACT OF COMMUNICATION® in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are 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. In addition to all other rights available to ACT OF COMMUNICATION® including those set forth in these Terms and Conditions, ACT OF COMMUNICATION® reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
CHANGES AND TERMINATION
ACT OF COMMUNICATION® may at any time, without notice: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. ACT OF COMMUNICATION® reserves the right to make changes to these Terms and Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms and Conditions. You can determine when these Terms and Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms and Conditions. Your continued use of the Site will indicate your acceptance of the current Terms and Conditions; however, any material change to these Terms and Conditions after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms and Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
ACT OF COMMUNICATION® reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms and Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms and Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
ACT OF COMMUNICATION® welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site ("User Content") as long as the User Content submitted by you complies with these Terms and Conditions as well as any guidelines that ACT OF COMMUNICATION® may put into place, which are incorporated into these Terms and Conditions in their entirety.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam," or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and ACT OF COMMUNICATION® assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to ACT OF COMMUNICATION® a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to ACT OF COMMUNICATION® the right to include the name provided along with the User Content submitted by you; provided, however, ACT OF COMMUNICATION® shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. ACT OF COMMUNICATION® neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. ACT OF COMMUNICATION® will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of ACT OF COMMUNICATION®.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to ACT OF COMMUNICATION® the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner and will never be disassembled. All products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated or reverse-engineered. YOU AGREE NOT TO RE-SELL OR DISTRIBUTE ANY ACT OF COMMUNICATION®PRODUCT OR ANY OTHER PRODUCT FROM ACT OF COMMUNICATION®OR VIA THIS SITE WITHOUT THE EXPLICIT WRITTEN CONSENT OF AN AUTHORIZED ACT OF COMMUNICATION®OFFICER. ACT OF COMMUNICATION® reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
ACT OF COMMUNICATION® strives to display as accurately as possible the appearance of the products shown on the Site; however, ACT OF COMMUNICATION® cannot and does not guarantee that your monitor's display of any product attribute will be accurate.
LIMITATIONS ON QUANTITY
ACT OF COMMUNICATION® does not guarantee additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
If an item is out of stock, ACT OF COMMUNICATION® may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if ACT OF COMMUNICATION®, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
ACT OF COMMUNICATION® acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. ACT OF COMMUNICATION® makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, ingredients, source of products and services. ACT OF COMMUNICATION® reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
GIFT CARDS AND CERTIFICATES
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from within the State of California. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
Return Policy for manufacturer defects:
BECAUSE OF THE NATURE OF OUR PRODUCTS, ALL SALES AND RELATED TRANSACTIONS ARE FINAL IF THERE IS NO MANUFACTURER DEFECT.
Manufacturer defects are rarely discovered because every product is inspected prior to shipping. If for some reason, a defect is discovered within the first 14 days, we will be happy to replace or exchange the item in question via store credit.
Returns must be complete with parts, accessories, packaging, etc. Products with defects caused by misuse, abuse, long-term use, normal wear and tear, accidents, modifications, negligence, failure to adhere to normal operating instructions, repairs or attempts at repairs, lack of proper routine maintenance and other causes beyond the control of ACT OF COMMUNICATION® are not covered in this policy.
HOW TO RETURN AN ITEM
Simply email us within 14 days of receipt of your order to receive a return authorization label. When a return authorization label is issued, we will provide shipping instructions.
**NOTICE** ALL RETURNS MUST HAVE A RETURN AUTHORIZATION LABEL ISSUED PRIOR TO SENDING BACK OR OUR TEAM CANNOT ACCEPT THE PACKAGE.
Products must be returned with all original materials included with the shipment. Include your return authorization communication inside the package and mail it back per our instructions.
If the returned item is accepted after inspection at our warehouse, you will receive online store credit for the original purchase price, plus sales tax and shipping costs if applicable.
For any other questions, please contact us.
You agree that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
DMCA NOTICE–COPYRIGHT INFRINGEMENT
ACT OF COMMUNICATION®'s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide ACT OF COMMUNICATION® copyright agent the written information specified below. Please note that this procedure is exclusively for notifying ACT OF COMMUNICATION® that your copyrighted material has been infringed. ACT OF COMMUNICATION® does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, ACT OF COMMUNICATION® will respond by either taking down the allegedly infringing content or blocking access to it. ACT OF COMMUNICATION® may contact the notice provider to request additional information. Under the DMCA, ACT OF COMMUNICATION® is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send ACT OF COMMUNICATION® a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
DMCA Designated Agent
ACT OF COMMUNICATION®, Inc.
5354 Etheldo Ave.,
Culver City, CA 90230
LINKS TO THIRD-PARTIES' WEBSITES The Site may contain links and interactive functionality interacting with the websites of third parties, including, without limitation, social sites and product manufacturers' sites. ACT OF COMMUNICATION® is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, ACT OF COMMUNICATION® strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by ACT OF COMMUNICATION® of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES
ACT OF COMMUNICATION® cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. ACT OF COMMUNICATION® disclaims all responsibility to notify you of any discovered or suspected web, site or other intrusion or expropriation. Notification, if any, will be in ACT OF COMMUNICATION®’s sole and absolute discretion. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY ACT OF COMMUNICATION® ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ACT OF COMMUNICATION® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM ACT OF COMMUNICATION®ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ACT OF COMMUNICATION® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, ACT OF COMMUNICATION® DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE OR PRODUCTS AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
ACT OF COMMUNICATION® DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIET ALLERGEN CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, ACT OF COMMUNICATION® LIABILITY TO ANY USER OF A PRODUCT OR THIS SITE SHALL BE LIMITED TO THE AMOUNT ACT OF COMMUNICATION®ACTUALLY RECEIVED FROM THE PURCHASER FOR THE ITEM IN QUESTION.
The Site is controlled and operated by ACT OF COMMUNICATION® from the United States, and is not intended to subject ACT OF COMMUNICATION® to the laws or jurisdiction of any state, country or territory other than that of the United States. ACT OF COMMUNICATION® does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ACT OF COMMUNICATION®'S PARENTS OR SUBSIDIARIES, OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR ATTORNEYS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT ASSOCIATED WITH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF ACT OF COMMUNICATION®HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND ACT OF COMMUNICATION®. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ACT OF COMMUNICATION®. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless ACT OF COMMUNICATION® and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions.
Except as explicitly stated otherwise, any notices you send to ACT OF COMMUNICATION® shall be sent by mail to ACT OF COMMUNICATION®, 5354 Etheldo Ave., Culver City, CA 90230. In the case of notices ACT OF COMMUNICATION® sends to you, you consent to receive notices and other communications by ACT OF COMMUNICATION® posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that ACT OF COMMUNICATION® provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections or similar services is available on the following websites: (i) GetNetWise; (ii) OnGuard Online; (iii) ParentsWare. Please note that we do not endorse any of the products or services listed at such websites.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to Information@ACTOFCOMMUNICATION.COM. You may also contact us by writing to ACT OF COMMUNICATION®, c/o Act Of Communication, 5354 Etheldo Ave., Culver City, CA 90230, Attn: Alan Blumenfeld, or by calling us at 310-391-9661. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CALIFORNIA'S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE SAN DIEGO COUNTY SUPERIOR COURT, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF CALIFORNIA LOCATED IN SAN DIEGO COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS AND CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. TO THE EXTENT PERMITTED BY LAW (INCLUDING ANY LAW HEREINAFTER IN EFFECT), YOU HEREBY VOLUNTARILY, KNOWINGLY, INTENTIONALLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE (INCLUDING BY WAY OF A JURY TRIAL) IN RESOLVING ANY DISPUTE OR LITIGATION (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS AND CONDITIONS OR ANY PRODUCT OR SERVICE RELATING THERETO.
These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and ACT OF COMMUNICATION® with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. These Terms and Conditions shall not be strictly interpreted against the drafting party.
If you have any concerns about ACT OF COMMUNICATION® or your use of the Site, please contact us with a detailed description, and we will try to resolve it.