1. Acceptance of the Terms of Use
These terms of use are entered into by and between you and Valuetainment LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, collectively, “Terms of Use,” govern your access to and use of [Valuetainment.com] including any information, content, material, functionality, products, services and items offered on or through [Valuetainment.com] (the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking the accept or agree to the Terms of Use box when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, then you are expressly prohibited from accessing or using the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that conflict or differ from the applicable laws of the United States, then through your continued use of the Website, you are transferring your data to the United States and you agree to have your data transferred to and processed in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, then you are expressly prohibited from accessing or using the Website.
2. Changes to the Terms of Use
We reserve the right, in our sole and absolute discretion, to implement changes revisions and updates to these Terms of Use from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please check the applicable Terms of Use every time you sue the Website so that you understand which Terms of Use apply. You will be subject to and will be deemed to have been aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
3. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other applicable laws governing intellectual property or proprietary rights.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the information, content or material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any information, content or material from the Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights associated with or derived from information, content or material from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website, or any information, content or material from the Website, in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the information, content or material you have made. No right, title, or interest in or to the Website or any information, content or material on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws, as applicable.
4. Trademarks/Intellectual Property
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks and the intellectual property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
5. Website Membership and Payment
Portions of the Website are free, but we may charge a membership fee for access to other information, content or material of the Website (“Membership”).
You acknowledge that by clicking on the “Membership” icon, a contract will be formed between you and Company based upon the terms you select, creating an obligation to pay for the Membership (“Membership Term”). Such Membership fee shall be charged in advance, but you can cancel your Membership at any time at least one day prior to the conclusion of your Membership Term and your Membership shall continue up until the conclusion of your Membership Term. We may amend fees at any time, but we will notify you before any such change is effective. If not cancelled, your Membership will be automatically renewed at the end of each Membership Term.
Company uses a third-party payment processor (the “Payment Processor”) to bill you for your Membership. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Use.
We use Stripe, Inc. and Caseproof, LLC (dba MemberPress) as our Payment Processors. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. You can access MemberPress’s Terms of Service at https://memberpress.com/terms/ and Privacy Policy at https://memberpress.com/privacy/.
Company is not responsible for errors or omissions by any Payment Processor. By signing up for a Membership, you agree to pay us, through the Payment Processor, all fees at the current prices then in effect for your Membership in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment method. We reserve the right to correct any errors or omissions that the Payment Processor makes even if it has already requested or received payment.
Currently, we use Stripe, Inc. and Caseproof, LLC (dba MemberPress) as our Payment Processors. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. You can access MemberPress’s Terms of Service at https://memberpress.com/terms/ and Privacy Policy at https://memberpress.com/privacy/.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. Please be advised that we retain the absolute right in our sole discretion to disable, terminate or suspend your Membership and/or access to and right to use the Website account, temporarily or permanently, for violating these Terms of Use. You acknowledge that such termination or suspension may result in forfeited Membership, subscription and/or access fees previously paid, as applicable.
If we terminate or suspend your account, you are prohibited from registering or creating a new account under your name, a fake, alias or borrowed name, or the name of any third party, even if acting on behalf of such third party.
In addition to terminating or suspending your account, we reserve the right to initiate applicable legal action, including without limitation pursuing civil, criminal and injunctive remedies.
You agree not to use the Website, directly or indirectly:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company; a Company owner, officer, manager, director, employee, agent, successor, assign, service provider, contractor or representative (“Company Representatives”); another user of the Website; or any other person or entity.
To engage in any other conduct that restricts, impedes or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company, Company Representatives or users of the Website, or expose any of the above parties to liability.
Additionally, you agree not to, directly or indirectly:
Use the Website in any manner that could disable, overburden, damage, or impair the Website’s functionality, access, information, content, material or reputation and/or interfere with or impede any other party’s use of the Website, including his or her ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the information, content or material on the Website.
Use any manual or automated process to monitor or copy any of the information, content or material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the functionality of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other information, content or material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website; the server on which the Website is stored; any server, computer, or database connected to the Website; or the information, content or material on the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the functionality of the Website in any manner whatsoever.
7. Reliance on Information Posted
The information, content and material presented on or through the Website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of such information, content and material. Any reliance you place on such information, content and material is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information, content or material by you or any other visitor to the Website, or by anyone who may be informed of any such information, content or material.
This Website may include information, content or material provided by third parties, including without limitation other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in such information, content or material, and all articles and responses to questions and other information, content or material, other than information, content or material provided by the Company, are solely the opinions and the responsibility of the person or entity providing such information, content or material. Such information, content or material does not necessarily reflect the opinion of the Company or any Company Representatives. We are not responsible, or liable to you or any third party, for the content or accuracy of any information, content or material provided by any users of the Website or any third parties.
8. Content Submission
For the purposes of these Terms of Use, “Content Submission” includes, but is not limited to, any information, content, material, data, text, images, photographs, videos, audio, writings, comments, articles, scripts, graphics, software, or audiovisual works that you submit to Company to be used on the Website.
Any Content Submission that you upload, submit, or post onto Company’s servers is your responsibility. You thus warrant that your content is accurate, up-to-date, complete, that it does not infringe on the rights of any third-party whether related to privacy, publicity, intellectual property, or otherwise, and that it further complies with all applicable laws, rules, and regulations. You agree to indemnify and hold harmless Company and all Company Representatives from any third-party claims arising out of Company’s use of the Content Submission.
By making a Content Submission, you grant Company and Company Representatives a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, redact, reproduce, distribute, prepare derivate works of, display, perform, and otherwise fully exploit, whether commercially or non-commercially, the Content Submission in connection with the Website and any related Company activities including, but not limited to, advertising, promotion, and the sale of Company products. This license will also apply to any biographical information accompanying your Content Submission including your name, likeness, voice, or photograph. This license survives the removal of your Content Submission from the Website, whether by yourself or by Company, and also survives the deletion of your profile, whether by yourself or by Company.
We have the right, in our sole and absolute discretion, to re-categorize any Content Contribution to place them in more appropriate or desirable locations on the Website.
By making a Content Submission, you also waive the right to assert any claim, including those of trademark, copyright, moral rights, rights of publicity or rights of privacy against Company’s use of the Content Submission, regardless if such use is now explicitly stated. You further agree to appoint Company as your attorney-in-fact with respect to the Content Submission so that Company can fully use the Content Submission and any accompanying biographical information in a manner consistent with the license granted as stated above.
You understand that Company is under no obligation to use your Content Submission, regardless if Company previously expressed an intent to do so. Company may also remove, upload, edit, download, and share your Content Submission at any time for any reason, regardless of when you uploaded the Content Submission.
Your Content Contributions shall not be:
False, inaccurate or misleading.
Unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam or other forms of solicitation.
Obscene, lewd, violent, harassing, intimidating, disparaging, abusive, offensive libelous or otherwise objectionable, as determined solely by us.
Furthermore, your Content Contributions shall not:
Infringe upon the proprietary rights, including without limitation the copyright, patent, trademark, trade secret or moral rights of any third party.
Violate any applicable law, ordinance, regulation or these Terms of Use.
If, after making a Content Submission, you discover that your content violates the right of a third-party or otherwise fails to comply with a law, rule, or regulation, you shall immediately inform Company at info@valuetainment.com.
9. Changes and Interruptions to the Website
We may update the information, content and material on the Website from time to time, but such information, content or material is not necessarily complete or up-to-date. Any of the information, content or material on the Website may be out of date at any given time, and we are under no obligation to update such the information, content or material.
We cannot guarantee that the Website will always be available or accessible. We may experience hardware, software, connectivity, server or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays or errors.
10. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. Links from the Website and Advertisers
The Website may contain (or you may be sent via the Website) links to other websites (“Third Party Websites”) as well as information, applications, software, video, articles, photographs, text, graphics, pictures, designs, music, sound and other content or items originating from or belonging to third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not monitored, investigated or verified for completeness, appropriateness or accuracy by Company and we are not responsible for any Third Party Websites accessed through the Website or Third Party Content posted on, available through or installed from the Website, including the content, accuracy, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or Third Party Content. The inclusion of, linking to or allowing the use or installation of any Third Party Websites or Third Party Content does not imply endorsement or approval of such Third Party Websites, Third Party Content and the third parties themselves. You acknowledge that when you use Third Party Websites and Third Party Content, you do so at your own risk and that these Terms of Use no longer apply. The applicable terms and policies, including privacy and data collecting practices, of any Third Party Website to which you navigate to from the Website applies.
Third Party Websites and Third Party Content are provided for your convenience only. We permit advertisers to display their advertisements, links and other information in certain areas on the Website, including sidebar and banner advertisements, and sponsored links. If you are an advertiser, you take full responsibility for any advertisements placed on the Website and any services or products sold through those advertisements; and acknowledge, warrant and represent that you possess the applicable rights, including without limitation, intellectual property rights, and authority to place advertisements on the Website.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files, links, documents or photos available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your personal and desired requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER INFORMATION, CONTENT OR MATERIAL THAT IS MALICIOUS OR TECHNOLOGICALLY HARMFUL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE; OR YOUR DOWNLOADING OF ANY INFORMATION, CONTENT OR MATERIAL POSTED ON THE WEBSITE OR ON ANY OTHER SITE LINKED TO THE WEBSITE.
YOUR USE OF THE WEBSITE, ITS INFORMATION, CONTENT AND MATERIAL AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE IS ACCESSED AND/OR ACQUIRED AT YOUR OWN RISK. THE WEBSITE, ITS INFORMATION, CONTENT AND MATERIAL AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY OF THE COMPANY REPRESENTATIVES ISSUES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY REPRESENTATIVES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS INFORMATION, CONTENT AND MATERIAL AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER INFORMATION, CONTENT OR MATERIAL THAT IS MALICIOUS OR TECHNOLOGICALLY HARMFUL; OR THAT THE WEBSITE OR ITS INFORMATION, CONTENT AND MATERIAL AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR COMPANY REPRESENTATIVES, BE LIABLE, UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), TO ANY PARTY FOR (A) DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE, OR INABILITY TO USE, THE WEBSITE; ANY SITES LINKED TO THE WEBSITE; OR ANY INFORMATION, CONTENT OR MATERIAL ON THE WEBSITE OR OTHER SITES; (B) ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION; (C) ANY SUM IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH MEMBERSHIP TO THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDTION, THERE SHALL BE NO LIABILITY TO ANY PARTY FOR PERSONAL INJURY, PAIN AND SUFFERING AND EMOTIONAL DISTRESS, EVEN IF CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, REAGRDLESS IF FORESEEABLE.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, and Company Representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expense or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use; your use of the Website, including, but not limited to, any Content Submission; access to, use of and purchase of services or products from any Third Party Websites; access to or use of any Third Party Content; or obtaining any services, products, items, information, content or material through the Website other than as expressly authorized in these Terms of Use.
15. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida and Broward County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
17. Refund Policy
All subscriptions are non-refundable. You may cancel your subscription anytime by following the instructions HERE.
18. Miscellaneous
These Terms of Use and any policies or rules of operation posted by us on the Website constitute the entire agreement and understanding between you and us.
These Terms of Use operate and shall be interpreted to the fullest extent permissible by law.
These Terms of Use, by their nature and as applicable, shall survive termination of the agreement between you and us. By way of example, all of the following will survive termination: any obligation you have to pay us or or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
We may assign any or all of our rights and obligations to third parties at any time.
There is no joint venture, employment, partnership or agency relationship created between you and us as a result of these Terms of Use or your use and/or access of the Website.
You agree that these Terms of Use shall not be construed against us by virtue of us drafting them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by you and us hereto to execute these Terms of Use.
19. Your Comments and Concerns
This website is operated by:
Valuetainment LLC
5100 North Dixie Highway
Oakland Park, FL 33334
All feedback, comments, concerns, requests for technical support and other communications relating to the Website should be directed to: info@valuetainment.com