Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY. BY USING THIS WEB SITE, YOU AGREE
TO THESE TERMS AND CONDITIONS.

Your access to and use of this Website is subject to the following terms and conditions of use (‘‘Terms of Use’’) and all applicable laws. These Terms of Use apply exclusively to your access to, and use of, www.whyknotproductions.com (“Website”) and do not alter in any way the terms or conditions of any other agreement you may have with Why Knot Productions, LLC (‘‘WHYKNOT’’) for products, services or otherwise. These Terms of Use may be changed by WHYKNOT at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this Website. Your use of this Website following the posting of such changes or revised Terms of Use shall constitute your acceptance of any such changes. If you do not agree to these Terms of Use, our Privacy Statement or any other policy governing your access to or use of our Website you should immediately terminate your access to and use of the Website. If you have any question regarding these terms or your access to or use of this Website, please contact Customer Service support@whyknotproductions.com

This Website is offered and made available only to users 13 years of age or older and certain features on this Website may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features and/or do not meet any other eligibility requirements, please discontinue using the Website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Website immediately, because by using or attempting to use the Website, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility requirements of the Website. 

PRIVACY

We respect the privacy of our customers and encourage you to read our Q and A section so that you may make an informed decision about using our Website.

INTELLECTUAL PROPERTY

Unless otherwise indicated, all Website materials, including, without limitation, software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of the WHYKNOT, its parent company, and their subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, or sponsors and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. WHY KNOT PRODUCTIONS™, WHYKNOTPRODUCTIONS.COM™, the WHY KNOT PRODUCTIONS logo, and any proprietary product or service names contained in this Website are either trademarks or registered trademarks of WHYKNOT or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WHYKNOT. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of WHYKNOT, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WHYKNOT. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.  You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of WHYKNOT is strictly prohibited.

UPLOADED CONTENT

You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.

USER SUBMISSIONS

The term "User Content" means and refers to any and all content, media and materials you submit for posting on the Website or any other consideration or evaluation by WHYKNOT, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. You agree that such User Content is not confidential and that WHYKNOT shall have a perpetual, worldwide, non-exclusive license to use such materials in connection with the maintenance of this Website and casting. The submission of any Material or User Content to WHYKNOT irrevocably waives any and all ‘‘moral rights’’ in such material, including the rights of paternity and integrity.  Furthermore, in regards to any Materials and User Content provided by you, you hereby grant to WHYKNOT, its successors and assigns, a nonexclusive, irrevocable, perpetual, royalty-free, worldwide license to copy, distribute, broadcast, transmit, adapt and/or create derivative works of the Material and User Content, including a license to redistribute, reproduce, republish, and authorize reproduction, republication of all or part of the Material and User Content in print, video and/or audio formats and in any media or platform or by any other method (computer, electronic, magnetic, online, optical, CD-ROM or otherwise), now or hereafter invented, solely for use in connection with the maintenance of this Website and casting. Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement.

 

 

ONLINE CONDUCT; REPEAT INFRINGER POLICY

 

You agree to use WHYKNOT only for lawful purposes. You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any.  You are prohibited from posting on or transmitting through WHYKNOT any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

WHYKNOT respects the intellectual property of others, and we ask our registered members to do the same. WHYKNOT may, in appropriate circumstances and at its discretion, terminate the accounts of registered members who infringe the intellectual property rights of others.

CONTENT REVIEW

WHYKNOT may elect to electronically monitor areas of this Website and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate this Website, or to protect the rights or property of WHYKNOT, its independent contractors, service providers, consultants, sponsors, licensors or the public. WHYKNOT retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, WHYKNOT or the rights of any third party, or to violate any applicable law.

INDEMNITY

You agree to defend, indemnify and hold harmless WHYKNOT, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the WHYKNOT Website or the use of any photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against WHYKNOT and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.

DISCLAIMER

THIS WEBSITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN ‘‘AS IS’’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHYKNOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WHYKNOT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT WHYKNOT PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHYKNOT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WHYKNOT reserves the right to change any and all content contained on this Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WHYKNOT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WHYKNOT OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WHYKNOT, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WHYKNOT’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WHYKNOT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF WHYKNOT’S WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WHYKNOT FOR ACCESS TO OR USE OF THIS WEB SITE.

LINKING TO OUR WEBSITE

You are granted a limited, nonexclusive right to create a hyperlink to this Website provided such link does not portray WHYKNOT or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any WHYKNOT trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page without WHYKNOT’s express written consent. Further, you may not use any meta tags or any other ‘‘hidden text’’ utilizing a WHYKNOT name, trademark or product name without WHYKNOT’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WHYKNOT or any third party. WHYKNOT makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites linking to this Website.

THIRD-PARTY LINKS

WHYKNOT may provide links to Web pages and content of third parties (‘‘Third Party Content’’) as a service to those interested in this information. WHYKNOT does not monitor, nor does it have any control over, any Third-Party Content. WHYKNOT does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. WHYKNOT makes no representations or warranties of any kind regarding such Third-Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving the WHYKNOT site, you should be aware that WHYKNOT’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third-Party Content contained therein at their own risk.

SEVERABILITY AND NONWAIVER

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of WHYKNOT to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of WHYKNOT’s s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

APPLICABLE LAW

The laws of the State of Texas will govern and construe these Terms of Use without giving effect to any conflict of laws provisions to the contrary. By use of this Website, you irrevocably consent for any and all disputes with WHYKNOT to the venue of state or federal courts located in the State of Texas. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

TERMINATION

Notwithstanding any of these Terms of Use, WHYKNOT reserves the right, without notice and in its sole discretion, to terminate your use of this Website and to block or prevent future access to and use of this Website.

QUESTIONS AND CONTACT INFORMATION

General questions or comments about WHYKNOT’s Website may be directed to WHYKNOT’s Customer Service at support@whyknotproductions.com

ADDRESS OF RECORD

Why Knot Productions, LLC

3550 Whittaker Lane

Beaumont, Texas 77706

whyknotproductions@ gmail.com