Terms and Conditions
Terms of Use Agreement
Last Updated: February 21, 2023
Description of Company Services and Acceptance of Terms of Use Including Arbitration of Disputes
Welcome to https://www.all3a.com/ (“all3a.com”), which is operated by All3Media America, LLC (“Company,” “we” or “us”). The services Company provides on all3a.com include any Company-branded URL (including https://www.all3a.com/), and any other features, content, or applications offered from time to time by Company in connection with Company’s business (collectively, the “Company Services”). Company is based in the United States and the Company Services are hosted in the United States.
Company furnishes all3a.com and the Company Services for your personal enjoyment and entertainment. By visiting all3a.com or using the Company Services, you accept and agree to be bound by this Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules, and regulations (“Applicable Law”). Please read this Agreement carefully. Company reserves the right to change all3a.com and the Company Services at any time. Company may modify this Agreement at any time, and each such modification will be effective upon posting on all3a.com. We will update the “Last Updated” date at the top of these terms when we make these changes. All material modifications will apply prospectively only. Your continued use of all3a.com or the Company Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Company Services immediately.
Your access to and use of certain Company Services may require you to accept additional terms and conditions applicable to such Company Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
You must be 13 years of age or older to register and use the Company Services. You certify that you are 18 years old or, if you are between the ages of 13 and 18, that you are using the Company Services with the supervision of your parent or legal guardian who agrees to be bound by this Agreement. Review this Agreement with your parent or guardian so that you both understand all of your rights and obligations. The Company Services are intended for, and should only be used, by individuals residing within the United States.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT.
Any information you submit to all3a.com or through the Company Services must be accurate and up to date. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.
Termination
Unless terminated by Company in its sole discretion, this Agreement remains in full force and effect while you use all3a.com or the Company Services. Company may terminate your access to the Company Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your access to the Company Services is terminated by you or by Company, this Agreement will remain in effect with respect to your past and future use of all3a.com or the Company Services.
Fees
You acknowledge that Company reserves the right to charge subscription fees for any portion of the Company Services. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Company Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If Company suspends or terminates your account and/or access to the Company Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Limited Content License
The Company Services are offered for your personal use only and may not be used for commercial purposes. The Company Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Company, its licensors, or assignors (“Company Content”), as well as Content provided by users or other third parties. Content contained in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Company, Company, its licensors, or its assignors, own and retain all rights in the Company Content. Company hereby grants you a limited, revocable, non-sublicensable license to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Company Services. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Company Services.
Except as explicitly and expressly permitted by the Company or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Company Services including geo-filtering mechanisms. Except as necessary in order to make reference to the Company, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.
Restrictions on Use of Company Services
You agree not to use the Company Services to:
· Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
· Harass or harm another person;
· Exploit or endanger a minor;
· Impersonate or attempt to impersonate any person or entity;
· Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising all3a.com or the Company Services;
· Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company’s servers, networks or accounts;
· Cover, remove, disable, block or obscure advertisements or other portions of the Company Services;
· Delete or revise any information provided by or pertaining to any other user of the Company Services;
· Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services;
· Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind relating to the Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Company $50 for each actual or intended recipient of such communication;
· Solicit, collect or request any personal information for commercial or unlawful purposes;
· Use the Company Services to advertise or promote competing services;
· Use the Company Services in a manner inconsistent with any and all Applicable Law;
· Attempt, facilitate, induce, aid, and abet, or encourage others to do any of the foregoing.
You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, reporting Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to all3a.com, including when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents, and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Company Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer your information to the party or parties involved in the transaction as part of that transaction.
Removal of Material that Infringes Copyrights
Company respects the intellectual property of others and requires that our users do the same. Company has a policy that provides for the termination in appropriate circumstances of access to Company Services for individuals who are repeat infringers. Company also reserves the right to remove or disable access to any transmission of content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If you believe material on Company Services infringes your copyright.
If you believe that any material residing on or linked to from Company Services infringes your copyright, you must send Company’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached at:
Copyright Agent
Email: legal@all3a.com
Address: 6060 Center Drive, Suite 400, Los Angeles, CA 90045
Phone: 424-732-6600
If you posted material to Company Services that was removed due to notice by a copyright owner.
If you posted material to Company Services that Company removed due to a notice of claimed infringement from a copyright owner, Company will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on all3a.com or by written or electronic communication to such address(es) you have provided to Company, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Misuse of Company Services
If you become aware of any misuse of the Company Services, including in violation of any of the section titled “Restrictions on Use of Company Services,” please report it immediately to Company via email at legal@all3a.com. Company assumes no responsibility for monitoring the Company Services for inappropriate third party content or user conduct. If at any time, Company chooses in its sole discretion to monitor the Company Services, Company nonetheless assumes no responsibility for Content other than Company Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Third Party Links and Services
The Company Services may provide, or third parties may provide, links to other websites, applications, resources, or other services created by third parties (“Third Party Services”). When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Company. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Company encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to all3a.com, you must contact Company at legal@all3a.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of all3a.com or Company, including its respective employees, agents, directors, officers, or shareholders. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Company Services does not imply approval or endorsement of the Third Party Service. Company is not responsible for the content or practices of any websites other than all3a.com, even if the website links to all3a.com and even if it is operated by a Company Affiliate or a company otherwise connected with all3a.com. By using the Company Services, you acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website other than all3a.com. When you access Third Party Services, you do so at your own risk.
Member Disputes
You are solely responsible for your interactions with other users of all3a.com and the Company Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Company Services. In the event that you have a dispute with one or more users of the Company Services, you release all3a.com (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Company reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
Privacy
Use of the Company Services is also governed by our Privacy Policy https://www.all3a.com/legal#privacy-policy, which is incorporated into and is a part of this Agreement by this reference.
Force Majeure
Neither all3a.com nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Disclaimers
THE COMPANY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE COMPANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE COMPANY SERVICES WILL BE CORRECTED, THAT THE COMPANY SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH) RESULTING FROM USE OF THE COMPANY SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE COMPANY SERVICES, ATTENDANCE AT A COMPANY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE COMPANY SERVICES, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES, OR THE CONDUCT OF ANY USERS OF THE COMPANY SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE COMPANY SERVICES.
Limitation on Liability
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATIONS, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM: (1) YOUR USE OF OR INABILITY TO USE THE COMPANY SERVICES; (2) ANY INTERRUPTION IN THE AVAILABILITY OF all3a.com OR its CONTENT; (3) ANY LOSS OF DATA OR EQUIPMENT FAILURE; (4) UNAUTHORIED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON all3a.com; OR (6) ANY USE OF, REFERENCE TO, OR RELIANCE ON, ANY CONTENT ON all3a.com. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF ALL3A.COM OR THE COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF ALL3A.COM OR THE COMPANY SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
Company provides the Company Services in the United States of America. Company does not represent that the Company Content or the Company Services are appropriate (or, in some cases, available) for use in other locations. If you use all3a.com or the Company Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of all3a.com or the Company Services.
Not all of the Company Services are available worldwide or nationwide, and Company makes no representation that you will be able to obtain any Company Services in any particular jurisdiction, either within or outside of the United States.
U.S. Export Controls
Software available in connection with the Company Services is further subject to United States export controls. No such software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
Arbitration Agreement
(1) Company, including its Company Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and Company may have against the other that arise out of or relate to the Company Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Company agrees to give up the right to sue in court. Each of you and Company also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company (see paragraph 9 below). The only exceptions to this Arbitration Agreement are that (i) each of you and Company retains the right to sue in small claims court and (ii) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and Company will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org. The arbitration will be conducted by a single arbitrator. If you and we cannot agree within 10 business days on who that single arbitrator should be, then the AAA shall appoint an arbitrator in accordance with the AAA Rules. The arbitrator is bound by the terms of this Agreement.
(4) If either you or Company wants to arbitrate a claim, you or Company must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Arbitration Notice of Dispute, 6060 Center Drive, Suite 400, Los Angeles, California, 90045. The Company will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by the AAA. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to the Company at the address listed above to which you sent your Notice of Dispute.
(5) AAA charges fees to conduct arbitrations. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), the Company will pay the initial AAA filing fee on your behalf, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose. If you are seeking to recover $10,000 or more, you will have to pay the initial AAA filing fee, but Company will reimburse that fee if you win the arbitration.
(6) If you are seeking to recover $10,000 or less, AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either you or we may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither you nor we request one, Company will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the AAA Rules and, subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) Each of you and Company may incur attorneys’ fees during the arbitration. In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if Company failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Company’s highest settlement offer, then Company will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Company wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless Company agrees, the arbitrator may not consolidate other persons’ claims with yours and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Company must be pursued, will remain in effect.
(10) You and Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
Governing Law
The Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in Los Angeles, California to resolve any Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION IN FEDERAL COURTS PURSUANT TO SUBJECT MATTER JURISDICTION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, ALL3A.COM OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Indemnity
You agree to indemnify and hold Company, its Company Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of all3a.com or the Company Services, your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through the Company Services.
Unsolicited Submissions
Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas, or concepts. Company requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title, or concept would be purely coincidental. If you do send any submissions to Company via the Company Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Company; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed, or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract, or breach of confidentiality.
Employment Opportunities
Company may, from time to time, post Company employment opportunities on the Company Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Company in response to employment listings, you are authorizing Company to utilize this information for all lawful and legitimate hiring and employment purposes. Company also reserves the right, at its sole discretion, to forward the information you submit to its Company Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Company Services will constitute a promise by Company to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Company Services constitute a promise that Company will review any or all of the information submitted to it by users of the Company Services.
Other
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the Company may be required by Applicable Law to send to you will be effective upon Company’s sending an e-mail message to the e-mail address you have on file with Company or publishing such notices on the informational page(s) of all3a.com.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.
Please contact us at: legal@all3a.com with any questions regarding this Agreement.
Privacy Policy
Effective 1/20/2023:
1. INTRODUCTION
All3Media America, LLC and its parents and affiliates (collectively “All3” or “we”), want you to be familiar with how we collect, use and disclose information from and about you. This Privacy Policy describes our practices in connection with information about you collected through services such as this website, any other websites mobile sites, applications (“apps”), and widgets made available to the public by or on behalf of All3 (collectively, the “All3 Services”). By using the All3 Services, you agree to the terms and conditions of this Privacy Policy. A list of our affiliated companies (“All3 Affiliates”) can be found in the “Contact Us” section below.
The All3 Services are for a general audience and are not targeted to children.
This Privacy Policy applies to all “users,” including both those who use the All3 Services without being registered with or subscribing to an All3 Service and those who have registered with or subscribed to an All3 Service. This Privacy Policy applies to All3’s collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email address as well as any health information). Please note we would only collect health-related information where necessary in order for us to provide the All3 Services. It also describes generally All3’s practices for handling non-personal information (for example, interests, demographics and services usage).
2. COLLECTION OF INFORMATION
All3 and our service providers, affiliates and business partners may collect the following information from and about you:
Registration Information is the information you submit to register for an All3 Service, for example, to apply to take part in a television program, to register for a service, to create an account, post comments, receive a newsletter, or enter a contest or sweepstakes. Registration Information may include, for example, name, email address, gender, zip code and birthday.
Public Information and Posts consist of comments, content or registration details that you post to the All3 Services and the information about you that accompanies those posts, content or forms, which may include a name, email, user name, comments, likes, status, profile information and picture. Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results on external search engines.
Information from Social Media. If you access or log-in to an All3 Service through a social media service or connect an All3 Service to a social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service. When you access the All3 Services through social media services or when you connect an All3 Service to social media services, you are authorizing All3 to collect, store, and use such information and content in accordance with this Privacy Policy.
Activity Information. When you access and interact with the All3 Services, All3 and its service providers may collect certain information about those visits. For example, in order to permit your connection to the All3 Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the All3 Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data, or other transactional information for that device. At this time, we do not respond to browser "Do Not Track" signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted.
Cookies and other tracking technologies (such as browser cookies, pixels, beacons, and Adobe Flash technology including cookies) are comprised of small bits of data that often include a de-identified or anonymous unique identifier. All3’s websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer or other device so the website or app can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information about your usage of the All3 Services, such as pages you have visited, the video and other content you have viewed, search queries you have run and advertisements you have seen.
Third parties that support the All3 Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate All3 Services usage statistics, may also use these technologies to collect similar information when you use the All3 Services or third-party services. All3 does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to http://www.aboutads.info/choices.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see https://www.adobe.com/devnet/security.html. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the All3 Services.
Information from Other Sources. We may supplement the information we collect with information from other sources, such as publicly available information from social media services, commercially available sources and information from our All3 Affiliates or business partners.
3. USE AND DISCLOSURE
We may use the information we collect from and about you to provide the All3 Services and features to you, including: to measure and improve those All3 Services and features; to improve your experience with both online and off-line All3 Services by delivering content you will find relevant and interesting, including advertising and marketing messages; to allow you to comment on content, and participate in online games, contests, or rewards programs; to provide you with customer support and to respond to inquiries. In order to provide you with content and advertising that is more interesting and relevant to you, we may use the information from and about you to make inferences and predictions about your potential areas of interest. When the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with third parties.
We may use the information we collect from and about you for these additional purposes:
To allow service providers to assist us in providing and managing the All3 Services. The information we collect from and about you may be made available to certain third party service providers, such as contractors, analytics and other measurement companies, agents or sponsors, who help us analyze and understand your use of the All3 Services, and manage and/or provide the All3 Services.
To allow social sharing functionality. If you log in with or connect a social media service account with an All3 Service, we may share your user name, picture, and likes, as well as your activities and comments with other users of that All3 Services and with your friends associated with your social media service. We may also share the same information with the social media service provider. By logging in with or connecting an All3 Service account with a social media service, you are authorizing us to share information we collect from and about you with the social media service provider, other users and your friends and you understand that the social media service’s use of the shared information will be governed by the social media service’s privacy policy. If you do not want your personal information shared in this way, please do not connect your social media service account with an All3 Service account and do not participate in social sharing on All3 Services.
To provide co-branded services and features. We may offer co-branded services or features, such as contests, sweepstakes or other promotions together with a third party (“Co-Branded Services”). These Co-Branded Services may be hosted on All3 Services or on the third party’s service. By virtue of these relationships, we may share the information you submit in connection with the Co-Branded Service with the third party. The third party’s use of your information will be governed by the third party’s privacy policy.
To deliver relevant advertisements. All3 and our service providers may use the information we collect from and about you to deliver relevant ads to you when you use the All3 Services or another service. As noted above, third-party advertising networks and advertisers may use cookies and similar technologies to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in delivering advertising that is more relevant to your interests. To find out more about third-party advertising networks and similar entities that use these technologies, see http://www.aboutads.info, and to opt-out of such advertising networks’ and services’ advertising practices, go to http://www.aboutads.info/choices.
To contact you. All3 may periodically send promotional materials or notifications related to the All3 Services. If you want to stop receiving promotional materials, you can follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of, such as notifications of changes to the All3 Services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
To share with our All3 Affiliates and Business Partners. All3 may share your information with All3 Affiliates for the purposes described in this Privacy Policy. A link to a website that lists All3 Affiliates can be found at the beginning of this policy. Users who visit All3 Affiliates’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy. All3 may share your information with networks and other third parties with your consent and at your direction.
To share with business partners. All3 may share your information with business partners to permit them to send you marketing communications consistent with your choices.
To protect the rights of All3 and others. There may be instances when All3 may use or disclose your information, including situations where All3 has a good faith belief that such use or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of All3, our All3 Affiliates or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the All3 Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.
To complete a merger or sale of assets. If All3 sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business (including in connection with a bankruptcy or similar proceedings), All3 may transfer your information to the party or parties involved in the transaction as part of that transaction.
4. SECURITY
All3 uses commercially reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. However, no one can and All3 does not guarantee the complete safety of your information.
5. USER ACCESS AND CONTROL
If you would like to access, review, correct, update, suppress, or otherwise limit our use of your personal information you have previously provided directly to us, you may contact us as outlined in Section 7. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, change, update, or suppress. We will try to comply with your request as soon as reasonably practicable.
You may request that we not share your personal information on a going-forward basis with All3 Affiliates or unaffiliated third parties for their direct marketing purposes by sending an email to legal@all3a.com “All3 Disclosure Opt-out” in the subject line. Please include your full name, email address, and postal address in the body of the email. We will try to comply with your request(s) as soon as reasonably practicable.
6. OTHER IMPORTANT INFORMATION
Updates to Privacy Policy. All3 may modify this Privacy Policy. Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the All3 Services.
Location of Data. All3 is a global company with operations in several countries, including the United States. If you are a user located outside the United States, you understand and consent to having any personal information processed in the United States. United States data protection and other relevant laws may not be the same as those in your jurisdiction. This includes the use of cookies and other tracking technologies as described above. As a result, please read this Privacy Policy with care.
Linked Services. The All3 Services may also be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. All3 is not responsible for the privacy practices of unaffiliated companies, and once you leave the All3 Services or click an advertisement you should check the applicable privacy policy of the other service.
In addition, All3 is not responsible for the privacy or data security practices of other organizations, such as Facebook, Instagram, Tumblr, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the All3 Services.
Collection of Personal Financial Information by a Payment Service. In some cases, we may use an unaffiliated payment service to allow you to purchase a product or make payments (“Payment Service”). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a Payment Service webpage. Any information that you provide to a Payment Service will be subject to the applicable Payment Service's privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any Payment Service's use of information collected through any Payment Service.
Data Retention. We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.
Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements.
Sensitive Information. We ask that you not send us, and you not disclose, any sensitive personal information (such as social security numbers, criminal background, etc.) on or through the All3 Services or otherwise.
7. STATE PRIVACY RIGHTS
California
“Shine the Light” Law. California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year. We do not share your personal information with third parties for those third parties’ direct marketing purposes.
California Consumer Privacy Act. The California Consumer Privacy Act (“CCPA”) gives California residents the rights to receive certain information regarding the collection, use, and disclosure of information about them, as well as rights to know/access, correct, delete, and limit the use and disclosure of sensitive personal information and opt out of the sale or sharing of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights. To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.
Notice at Collection. You have the right to receive notice of certain information about our data collection, use, and disclosure. The following table summarizes the categories of personal information we collect; the categories of sources of that information; whether we disclose, sell, or share that information to service providers or third parties, respectively; and the criteria we use to determine the retention period for such information. The categories we use to describe personal information are those enumerated in the CCPA. We collect this personal information for the purposes described above in “Collection of Information.”
We determine the retention period for each of the categories of personal information listed above based on (1) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (2) any legal or regulatory requirements applicable to such information, (3) internal operational needs, and (4) any need for the information based on any actual or anticipated investigation or litigation.
Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. We prohibit service providers from using personal information for any purpose that is not related to our engagement.
Under the CCPA, a business “sells” personal information when it discloses personal information to a company for monetary or other benefit. A company may be considered a third party either because we disclose personal information to the company for something other than an enumerated business purpose under California law, or because its contract does not prohibit it from using personal information for purposes unrelated to the service it provides to us. A business “shares” personal information when it discloses personal information to a company for purposes of cross-context behavioral advertising. We do not “sell” or “share” personal information at this time.
Colorado, Connecticut, Utah, and Virginia
Residents of the States of Colorado, Connecticut, Utah, and Virginia have the following rights: (1) Opt out of “sales” of personal information and use of their personal information for “targeted advertising,” as those terms are defined under applicable law; (2) Opt out of “profiling” under certain circumstances, as defined under applicable law (residents of Colorado, Connecticut, and Virginia only); (3) Confirm processing of and access to personal information under certain circumstances; (4) Correct personal information under certain circumstances. (Residents of Colorado, Connecticut, and Virginia only); and (5) Delete personal information under certain circumstances.
Residents of these states can exercise their rights by contacting us at using one of the methods listed below.
8. CONTACT US
If you have questions about this Privacy Policy or wish to exercise any of your privacy rights, please contact us at:
Email: legal@all3a.com
Mail: All3Media America, LLC
6060 Center Drive, Suite 400
Los Angeles CA 90045
Phone: (800)-372-9420
All3Media America, LLC’s affiliates include, without limitation, Bright Road Productions, Inc.