Terms of Use
Effective Date: [7/27/2024]
1. Introduction
Welcome to WES Productions LLC ("we," "us," "our"). By accessing or using our website [https://www.wes-productions.com/] (the "Site") and the services offered through it, you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, please do not use the Site.
2. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective when we post the revised Terms on our Site. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically.
3. Use of the Site
You agree to use the Site in accordance with all applicable laws and regulations. You are solely responsible for your interactions with other users of the Site and for any content you post or transmit.
4. Intellectual Property Rights
Ownership: All content on the Site, including text, graphics, logos, images, and software, is the property of WES Productions LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.
License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or perform any content from the Site without our prior written consent.
5. User Responsibilities
Account: If you create an account on the Site, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Prohibited Activities: You may not:
Use the Site for any unlawful purpose or in violation of any applicable laws.
Post or transmit any content that is defamatory, obscene, offensive, or otherwise objectionable.
Engage in any activity that disrupts or interferes with the Site or its servers.
Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
6. Content Submission
User Content: By submitting content to the Site (e.g., reviews, comments, or other materials), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such content in connection with the Site.
Rights: You represent and warrant that you have the rights to submit the content and that the content does not violate any third-party rights or applicable laws.
7. Disclaimers
Site Availability: The Site is provided on an "as-is" and "as-available" basis. We do not warrant that the Site will be available at all times or that it will be free from errors or interruptions.
Content Accuracy: We do not guarantee the accuracy, completeness, or reliability of any content on the Site. Your use of the Site is at your own risk.
8. Limitation of Liability
To the fullest extent permitted by law, WES Productions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or related to your use of the Site. Our total liability for any claims arising out of or related to these Terms shall not exceed the amount you paid to us, if any, for accessing the Site.
9. Indemnification
You agree to indemnify, defend, and hold harmless WES Productions LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of or related to your use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
10. Termination
We reserve the right to terminate or suspend your access to the Site at our sole discretion, without notice, for any reason, including but not limited to your violation of these Terms.
11. Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of [California], without regard to its conflict of law principles.
12. Dispute Resolution
Any disputes arising out of or related to these Terms shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization] in [Los Angeles, California n]. You agree to waive any right to participate in a class action or representative action.
13. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
WES Productions LLC
[Address]
[Email Address]
[Phone Number]
14. Miscellaneous
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement: These Terms constitute the entire agreement between you and us regarding the use of the Site and supersede all prior agreements and understandings.
15. Third-Party Links
Links to Other Sites: Our Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and conditions and privacy policies of any third-party sites you visit.
16. User Feedback
Submission of Feedback: Any feedback, comments, or suggestions you provide to us regarding our Site or services will be considered non-confidential and non-proprietary. We are free to use, disclose, and exploit such feedback without any obligation to you.
17. Force Majeure
Force Majeure: We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, or governmental actions.
18. Waiver
Waiver of Rights: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by us.
19. Assignment
Assignment: We may assign our rights and obligations under these Terms to any third party without notice to you. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
20. Privacy
Privacy Policy: Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Please review our Privacy Policy to understand our practices.
21. Updates and Revisions
Review of Terms: We may periodically update these Terms to reflect changes in our practices or legal requirements. We will post any changes on this page and update the effective date at the top. It is your responsibility to review these Terms regularly.
22. User-Generated Content
Content Ownership: Any content that you submit to our Site, including but not limited to reviews, comments, photos, and videos, remains your property. However, by submitting such content, you grant us a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, and distribute that content for any purpose related to the Site or our business.
Content Moderation: We reserve the right to review, monitor, and remove user-generated content that violates these Terms or is otherwise objectionable. However, we are not obligated to do so and disclaim any responsibility for user-generated content.
23. Health and Safety Disclaimers
Health and Safety Information: If your Site provides health or safety-related information, please note that such information is for general informational purposes only and is not a substitute for professional advice. Always seek the advice of a qualified professional regarding health or safety concerns.
24. Digital Content and Subscriptions
Digital Products: If you purchase digital products or services from our Site, you agree to the specific terms and conditions related to those products or services, including any subscription terms, access rights, and renewal policies.
Subscription Management: You may manage your subscription preferences through your account settings or by contacting our support team. Subscription fees are non-refundable, and we may offer refunds or credits at our discretion.
24. Service Availability and Maintenance
Site Maintenance: We may periodically perform maintenance or updates on the Site, which may result in temporary unavailability. We do not guarantee uninterrupted access to the Site and are not liable for any inconvenience or loss of data caused by such maintenance.
26. Advertising and Sponsorship
Third-Party Advertising: Our Site may display advertisements or sponsor content from third parties. The inclusion of such content does not imply endorsement or responsibility for the third parties' products or services.
Ad Tracking: We may use cookies and similar technologies to track the effectiveness of advertisements and to provide you with relevant ads. For more information, please refer to our Privacy Policy.
27. User Conduct
Responsibility: You are responsible for your conduct while using the Site. You agree not to engage in any conduct that would disrupt or interfere with the Site’s functionality or other users' experiences.
Violation of Terms: If we determine that you have violated these Terms, we reserve the right to take appropriate action, including but not limited to issuing warnings, suspending or terminating your access to the Site, or pursuing legal remedies.
28. No Guarantee of Results
Results Disclaimer: We do not guarantee any specific results or outcomes from using our Site or services. The results you achieve may vary based on individual circumstances and factors beyond our control.
29. Confidentiality
Confidential Information: Any information disclosed to us in connection with your use of the Site shall be subject to our Privacy Policy. We are committed to safeguarding your information and maintaining confidentiality.
30. Termination of Services
Termination by Us: We reserve the right to terminate or suspend your access to the Site or services at any time, with or without cause, and with or without notice, for any reason, including if we believe you have violated these Terms.
Termination by You: You may terminate your account and discontinue use of the Site at any time. Upon termination, your right to access and use the Site will cease, and we will have no obligation to maintain your data.
31. Binding Arbitration
Arbitration Agreement: Any disputes or claims arising out of or related to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization]. The arbitration shall be conducted in [Los Angeles, California], and the decision of the arbitrator shall be final and binding.
32. Electronic Communications
Electronic Notices: By using the Site, you consent to receiving electronic communications from us. We may communicate with you via email, through your account, or by posting notices on the Site. You agree that all communications and notices we provide electronically satisfy any legal requirement that such communications be in writing.
33. Miscellaneous
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Entire Agreement: These Terms constitute the entire agreement between you and us regarding the use of the Site and supersede all prior agreements and understandings.
No Partnership: Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and us.
Feedback and Suggestions: Any feedback or suggestions you provide to us regarding the Site or our services are non-confidential and become our property. We may use, disclose, or exploit such feedback without any obligation to you.
34. Contact Us
Contact Information: For any questions or concerns regarding these Terms, or if you need to contact us for any reason, please reach out to us at:
WES Productions LLC
[3400 Cottage Way, Ste G2 #20277, Sacramento, California 95825 US]
[info@wes-productions.com]
[+1 857-261-6161]