Terms and Conditions of Use

Zack Petroc Studios, Inc. develops assets and videos for entertainment and training purposes and makes certain Training Materials and Assets (“Services”) available to users via the Zack Petroc Studios, Inc. web site, www.zackpetroc.com (the “Site”). Some of Zack Petroc Studios, Inc. Services are available to you for free, while others require that you create a User Account and pay a fee for access.

 

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY USING ZACK PETROC STUDIOS, INC. SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS ZACK PETROC STUDIOS, INC. MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

 

1. Definitions.

  • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
  • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
  • “Asset” refers to the collective items used to create or explore digital art including but not limited to models, images, and applications.
  • “Training Materials”refers to training videos and files used to educate Users.
  • “Master Class” refers to a collection of videos and training materials pertaining to a specific topic.
  • “Videos” refers to audio-visual works available on the Site.
  • “Premium Membership” refers to the subscription-based database of Videos and Assets that are available through the Site.
  • “Standard Content” refers to the content available for free on the Site and also materials available for an individual purchase.
  • “Premium Content” includes all Standard Content in addition to Assests and Training Materials that are only available to Users with Premium Membership.
  • “zackpetroc.com” refers to the website for Zack Petroc Studios, Inc. a California corporation.
  • “Subscriber” refers to any person or entity that purchases or uses a Premium Membership subscription to the Site.
  • “Single-User Subscriber” refers to a Subscriber who purchases a Premium Membership for one (1) User.
  • “Multi-User Subscriber” refers to a Subscriber who purchases a subscription to Premium Membership content for multiple Users.
  • “User” refers to any party who Accesses the Site. If you are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
  • “Website” or “Site” refers to the website maintained on the World Wide Web by Zack Petroc Studios, Inc. available at www.zackpetroc.com.
  • “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
  • “Student” is a pupil at an accredited K-12 school, college or university.

 

2. Modification of Terms.

Zack Petroc Studios, Inc. reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Zack Petroc Studios, Inc. gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

3. Limited License.

Zack Petroc Studios, Inc. hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available on the Site according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms.

Each Multi-User Subscriber may only allow its employees and agents to access Premium Content. If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees and agents shall no longer have Access to the Premium Content. Each Multi-User Subscriber agrees that the Premium Content may not be Accessed by more than the authorized number of Users purchased by the Multi-User Subscriber. Each User shall be authorized to Access the Premium Content from any Internet connection.

A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.

4. Fees; Renewal; Refund Policies.

Annual Single-User Subscribers

  • Access to Premium Content
  • Annual subscription plan
  • Subscription does not automatically renew
    • Prior to expiration, Zack Petroc Studios, Inc. will provide notice to the Subscriber for renewal payment
    • If Subscriber fails to remit renewal payment prior to expiration, Zack Petroc Studios, Inc. will cancel subscription
  • Subscription fees are non-refundable
  • Discounts, rebates or other special offers only valid for initial term
  • Zack Petroc Studios, Inc. may increase subscription fees for a subsequent subscription period at any time and for any reason
  • Right of Access to Premium Content granted under these Terms is effective only upon payment of the subscription fees
  • You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third-party service. For example, the Services may include large video files. You are responsible for payment of any bandwith, data, or subscription charges you may incur from a service provider while utilizing the Services

Annual Multi-User Subscribers

  • Access to Premium Content
  • Annual subscription plan
  • Subscription does not automatically renew
    • Prior to expiration, Zack Petroc Studios, Inc. will provide invoice to the Subscriber for renewal payment
    • If Subscriber fails to remit renewal payment prior to expiration, Zack Petroc Studios, Inc. will cancel subscription
  • Subscription fees are non-refundable
  • Discounts, rebates or other special offers only valid for initial term
  • Zack Petroc Studios, Inc. may increase subscription fees for a subsequent subscription period at any time and for any reason
  • Right of Access to the Premium Content granted under these Terms is effective only upon payment of the subscription fees
  • You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third-party service. For example, the Services may include large video files. You are responsible for payment of any bandwith, data, or subscription charges you may incur from a service provider while utilizing the Services

5. Access to the Premium Content; Modification of Content.

Zack Petroc Studios, Inc. strives to provide Premium Content to its Subscribers on a continuous basis. To that end, Zack Petroc Studios, Inc. will take all commercially reasonable efforts to provide uninterrupted Access to Premium Content to its Subscribers. However, from time to time, Subscribers may be unable to Access the Premium Content due to conditions beyond Zack Petroc Studios, Inc.’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Premium Content to its Subscribers, Zack Petroc Studios, Inc. will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Zack Petroc Studios, Inc. endeavors to provide the highest quality content to its Subscribers. To that end, Zack Petroc Studios, Inc. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

6. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Zack Petroc Studios, Inc. computers, websites, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
  • Permit or provide others Access to the Premium Content using Your user name and password or otherwise, or the name and password of another authorized User.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
  • Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
  • Violate or attempt to violate Zack Petroc Studios, Inc.’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Zack Petroc Studios, Inc.
  • Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Zack Petroc Studios, Inc.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Advertise or otherwise solicit funds, goods or services on the Site.
  • Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, Zack Petroc Studios, Inc. reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to Standard or Premium Content (collectively referred to as the “Content”) to any person or entity whose use the Content suggests Prohibited Conduct. Access of Content beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Content and will result in revocation or denial of Access to the Content. The terms “normal patterns” and “abuse” shall be determined solely by Zack Petroc Studios, Inc.

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

 

7. REPRESENTATION OF OWNERSHIP.

Zack Petroc Studios, Inc. represents and warrants that it is the sole and exclusive owner of the Videos and Assets included within the Content, or otherwise holds sufficient rights in the Content to provide the Content to its users.

8. LIMITED WARRANTIES.

Zack Petroc Studios, Inc. warrants that the software that allows Users to Access the Content (“Software”), if operated as directed, will substantially achieve the functionality described on the Site.

ZACK PETROC STUDIOS, INC. PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

Zack Petroc Studios, Inc. also warrants that the Content, if provided by Zack Petroc Studios, Inc., is free from defects on the date the User acquired the Content. ZACK PETROC STUDIOS, INC.’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE CONTENT; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE CONTENT. THE USER MUST INFORM ZACK PETROC STUDIOS, INC. OF ANY PROBLEM WITH THE CONTENT WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR ZACK PETROC STUDIOS, INC. WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. ZACK PETROC STUDIOS, INC. WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE CONTENT PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE CONTENT BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR CONTENT IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE CONTENT IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE CONTENT WAS DESIGNED TO BE USED AS DESCRIBED.

ALTHOUGH ZACK PETROC STUDIOS, INC. HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

 

9. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 8), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. ZACK PETROC STUDIOS, INC. DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE CONTENT OR SITE. ZACK PETROC STUDIOS, INC. DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL ZACK PETROC STUDIOS, INC. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT ZACK PETROC STUDIOS, INC. RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE CONTENT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL ZACK PETROC STUDIOS, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ZACK PETROC STUDIOS, INC. RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE CONTENT, EVEN IF ZACK PETROC STUDIOS, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF ZACK PETROC STUDIOS, INC., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ZACK PETROC STUDIOS, INC. IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF ZACK PETROC STUDIOS, INC. IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

ZACK PETROC STUDIOS, INC. DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT ZACK PETROC STUDIOS, INC. RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

10. Third Party Content; Hyperlinks.

You acknowledge that ZACK PETROC STUDIOS, INC. does not pre-screen third party materials. Zack Petroc Studios, Inc. is not the publisher or author of any information on the Site that is provided by third party content providers, and Zack Petroc Studios, Inc. is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Zack Petroc Studios, Inc.’s use of the content constitutes neither an endorsement nor a recommendation by Zack Petroc Studios, Inc. of the content. Zack Petroc Studios, Inc. assumes no responsibility for third party products or services.

Zack Petroc Studios, Inc. may contain links and references to other third party websites and materials. Zack Petroc Studios, Inc. does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Zack Petroc Studios, Inc. does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Zack Petroc Studios, Inc. may disable any hyperlink to the Site. Zack Petroc Studios, Inc. has the right but not obligation to monitor third party websites and hyperlinks to the Site.

ZACK PETROC STUDIOS, INC. MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, ZACK PETROC STUDIOS, INC. DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

11. Copyrights, Trademarks and Other Proprietary Rights.

Zack Petroc Studios, Inc. or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Zack Petroc Studios, Inc.. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Zack Petroc Studios, Inc., except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Zack Petroc Studios, Inc.’s intellectual property except as set forth in Section 3.

If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Zack Petroc Studios, Inc., You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

12. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Zack Petroc Studios, Inc. and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

13. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. Zack Petroc Studios, Inc. has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Zack Petroc Studios, Inc. may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the Content. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.

You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify Zack Petroc Studios, Inc. immediately of any unauthorized use or loss of Your account, user name and/or password. You also agree to notify Zack Petroc Studios, Inc. immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Zack Petroc Studios, Inc. will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Zack Petroc Studios, Inc., its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.

Zack Petroc Studios, Inc. will never ask You for Your password. If You need a new user name and/or password, Zack Petroc Studios, Inc. will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.

14. Termination of Agreement.

In addition to Zack Petroc Studios, Inc.’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Zack Petroc Studios, Inc. may also terminate Access to the Content or cancel subscriptions to the Content without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Zack Petroc Studios, Inc. deems inappropriate.

In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 1, 4, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

15. Privacy Policy.

Zack Petroc Studios, Inc. values Your trust. In order to honor that trust, all of Zack Petroc Studios, Inc.’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review Zack Petroc Studios, Inc.’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

16. Miscellaneous.

These Terms constitute the entire agreement between Zack Petroc Studios, Inc. and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Zack Petroc Studios, Inc. and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Zack Petroc Studios, Inc. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Zack Petroc Studios, Inc.’s remedies are cumulative and not exclusive. Failure of Zack Petroc Studios, Inc. to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Zack Petroc Studios, Inc. makes no representation that the content of the Site is appropriate or available for use in all locations. Zack Petroc Studios, Inc. operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Zack Petroc Studios, Inc. cannot provide notifications via post, only e-mail.

17. Governing Law; Dispute Resolution; Forum and Venue.

This Agreement shall be governed and construed according to the laws of the state of California, United States of America. By using the Services, you consent to the exclusive jurisdiction of the state, county and federal courts in city of Los Angeles, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

18. Contact Information.

Address
Zack Petroc Studios, Inc.
4180 Klump Ave
Studio City, CA 91602

Customer Service
Email: Tiffany@zackpetroc.com
Telephone: 1-310-940-6272
Website: www.zackpetroc.com

All e-mails will be answered within 48 hours. E-mails sent during United States holidays and weekends will be answered within 48 hours of the following business day.

Business hours are 9:00AM – 5:00PM Monday through Friday (PST). All messages received during holidays and weekends will be returned within 48 hours of the following business day.

 

EFFECTIVE DATE:

November 16, 2011