Kincade Productions, LLC
Website Terms of Use Agreement
This Kincade Productions, LLC Website Terms Of Use Agreement Was Last Updated July 9, 2023, At 5:00 PM.
The following are the Kincade Productions Website Terms of Use Agreement, also referred to as "terms," "terms of use," and "agreement." Kincade Productions, LLC is also referred to as "Kincade Productions," "we," and "our" throughout this agreement. The Customer is anyone purchasing Kincade Productions courses or materials and is also referred to as "you" and "your" throughout this agreement. The Kincade Productions Website is also referred to as the "website" and "site" throughout this agreement. The Kincade Productions website's content is also referred to as "courses" and "materials" throughout this agreement.
Kincade Productions, LLC provides details regarding processing our customers' data in our PRIVACY POLICY below.
Any changes to the Kincade Productions, LLC Website Terms of Use Agreement are binding. Kincade Productions, LLC may change the terms of use at any time and without advance notice. All changes are effective immediately upon posting. Your continued use of the Kincade Productions Website constitutes your agreement to all such terms and conditions. You should read these terms of use on occasion to be aware of any changes.
By using the Kincade Productions Website, you indicate that you accept Kincade Productions, LLC Website Terms of Use Agreement, and you agree to abide by all stated in this agreement. Your remedy for dissatisfaction with the website or site contents is to stop using the Kincade Productions Website.
If any provision of this agreement is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck and shall not affect the validity or enforceability of the remaining provisions. Your rights under these terms of use are personal, nonexclusive, and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of this agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in this agreement, nothing herein shall be deemed to confer any third-party rights or benefits. We may change the Kincade Productions, LLC Terms of Use Agreement from time to time without advance notice.
The rights granted to you by Kincade Productions, LLC and this Website Terms of Use Agreement will terminate automatically upon any breach by you of these Terms of Use unless we otherwise expressly agree in writing. Still, the other provisions of these Terms of Use will survive any such termination. We reserve the right at any time, in our sole discretion, to cease providing any content, change or discontinue any aspect or element of the Website, or cease making the Website available.
We have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Kincade Productions Website. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this agreement.
1. ACCESSING THE KINCADE PRODUCTIONS WEBSITE 2. ACCOUNTS 3. COURSE PURCHASE 4. REFUNDS 5. PRIVACY 6. INTELLECTUAL PROPERTY RIGHTS-- COPYRIGHT INFRINGEMENT 7. YOUR OBLIGATIONS AND REPRESENTATIONS 8. RELIANCE ON INFORMATION POSTED 9. NO PROMISES-- DISCLAIMER AND LIMITS TO LIABILITY 10. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS 11. LINKS FROM THE WEBSITE 12. CHANGES 13. EQUITABLE RELIEF 14. GOVERNING LAW AND JURISDICTION 15. DISPUTE RESOLUTION 16. INDEMNIFICATION 17. SEVERABILITY 18. WAIVER AND AMENDMENT 19. GEOGRAPHIC RESTRICTIONS 20. COMPLETE UNDERSTANDING 21. YOUR COMMENTS AND CONCERNS
1. ACCESSING THE KINCADE PRODUCTIONS WEBSITE
You are responsible for making all arrangements necessary for you to access the Kincade Productions Website and site content, including streaming and viewing courses, and downloading site materials. We reserve the right to withdraw or amend the Kincade Productions Website and any content that we provide on the Kincade Productions Website, at our sole discretion and without notice to you. You may only make non-commercial uses of the Website and content. We will not be liable if, for any reason, all or any part of the Kincade Productions Website is unavailable at any time or for any period. The website content consists in part of a series of videos of Kincade Productions, LLC. Kincade Productions, LLC owns the copyright and other rights in the site and the content. You may use the Website and content only as specified in this agreement.
2. ACCOUNTS
You need an account to access the Courses and Materials housed on the Kincade Productions Website. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.
You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else's account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account. You must notify Kincade Productions immediately upon learning that someone else may be using your customer account without your permission (or if you suspect any other breach of security) by contacting Support@KincadeProductions.com. We may request some information from you to confirm that you are indeed the owner of your account.
You (our customers) must be at least 13 (thirteen) years of age to create an account on the Kincade Productions Website and access our courses and materials. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you purchase appropriate courses for you. If we discover that you have created an account and are younger than the required age for consent to use online services (for example, 13 [thirteen] years of age in the United States), we will terminate your account.
3. COURSE PURCHASE
When you purchase our courses and associated content, you get a Subscription from us to view it via the Kincade Productions Website and no other use. Don't try to transfer or resell our courses and associated content in any way. We grant you a Full Series Subscription with 365-day access (approximately 12 [twelve] months) from the date of payment to the video series "How To Become a Successful Production Assistant." Access to Subscriptions is granted except when we must disable the Website or courses because of legal or policy reasons. We reserve the right to revoke any Subscription at any point in time if we decide or are obligated to disable access to a course due to legal or policy reasons.
In other words, Kincade Productions, LLC grants you (as our customer) a limited, non-exclusive, nontransferable Subscription to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes per this agreement. All other uses are expressly prohibited. You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, redistribute, display, send, perform, reproduce, publish, republish, license, sublicense, create derivative works from, sell, transmit, retransmit, assign, broadcast, rebroadcast, rent, share, lend, adapt, edit, or otherwise transfer or use any course information, content, software, or services obtained from or otherwise connected to Kincade Productions, LLC and the Kincade Productions Website unless we give you explicit permission to do so in a written agreement signed by a Kincade Productions, LLC authorized representative.
Payments When you make a payment, you agree to use a valid payment method.
The prices of courses and materials on the Kincade Productions Website are non-negotiable. On occasion, Kincade Productions will offer promotions and discounts, causing prices to vary in order to implement promotions. There are no refunds.
We regularly run promotions and sales for our courses, and specific courses are only available at discounted prices for a set period. The price applicable to a course will be the price when you complete your course purchase (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren't registered or logged in, because some of our promotions are available to new users only.
You agree to pay the fees for the courses you purchase. You authorize Kincade Productions, LLC to use third-party payment processing partners (Stripe and PayPal) to offer you the most convenient payment methods and keep your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
4. REFUNDS
There are No Refunds or Credits for Subscriptions to any courses on the Kincade Productions Website.
5. PRIVACY
All information we collect on the Kincade Productions Website is subject to our Privacy Policy. By using the Kincade Productions Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You can terminate your account at any time by following the steps in our FAQ. Check our Privacy Policy to see what happens when you close your account.
6. INTELLECTUAL PROPERTY RIGHTS/COPYRIGHT INFRINGEMENT
Neither title nor intellectual property rights are transferred to you by your access to or use of the Kincade Productions Website.
(a) Kincade Productions, LLC and the Kincade Productions Website including all content (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are protected by copyright, trademark, and other laws of the United States. Nothing gives you a right to use the Kincade Productions, LLC name or any of the Kincade Productions, LLC trademarks, logos, domain names, and other distinctive brand features. This agreement permits you to use the Kincade Productions Website for your non-commercial use only. No right, title, or interest in or to the Kincade Productions Website or any content on the Kincade Productions Website is transferred to you; Kincade Productions, LLC, reserves all rights not expressly granted.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Kincade Productions Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Kincade Productions Website; or (iii) access or use for any commercial purposes any part of the Kincade Productions Website or any courses or materials available through the Kincade Productions Website.
(d) The Kincade Productions name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Kincade Productions, LLC or its affiliates or licensors. You may not use such marks without the prior written permission of Kincade Productions, LLC. All other names, logos, product and service names, designs, and slogans on the Kincade Productions Website are the trademarks of their respective owners.
Nothing in these Terms of Use or on the Kincade Productions Website will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Website. You agree not to use or register any name, logo, or insignia of Kincade Productions, LLC, or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.
7. YOUR OBLIGATIONS AND REPRESENTATIONS
You may use the Kincade Productions Website only for lawful purposes and in accordance with this Website Terms of Use Agreement.
You agree that you are entering into a legally binding contract with Kincade Productions, LLC by registering, accessing, or using our site. If you do not agree to the Kincade Productions, LLC Terms of Use Agreement, do not register, access, or otherwise use the Kincade Productions Website.
You promise that:
(a) You are of legal age to form a binding contract with Kincade Productions, LLC.
(b) You will not use the Kincade Productions Website in any way that violates any applicable local or international law or regulation.
(c) You will not impersonate or attempt to impersonate Kincade Productions, LLC, a Kincade Productions, LLC employee, another user, or any other person or entity.
(d) You will not do anything that could disable, overburden, damage, or impair the Kincade Productions Website or interfere with any person's use of the Kincade Productions Website.
(e) You will not scrape, spider, use a robot, or use other automated means of any kind to access the Kincade Productions content, courses, and materials.
(f) You will not introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(g) You will not co-brand or frame the Kincade Productions Website or hyper-link to it without the express prior written permission of an authorized representative of Kincade Productions, LLC.
You may not do any of the following while accessing or using the Kincade Productions Website:
● access, tamper with, or use non-public areas of the platform, computer systems, or the technical delivery systems of Kincade Productions, LLC service providers,
● disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems,
● in any way use the Kincade Productions Website to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Kincade Productions or Kincade Productions, LLC); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website or services, or in any other manner interfering with or creating an undue burden on access to courses or materials.
8. RELIANCE ON INFORMATION POSTED
The information presented on or through the Kincade Productions Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Kincade Productions Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible or liable to you or any third party for the content or accuracy of materials provided by any third parties.
9. NO PROMISES—DISCLAIMER AND LIMITS TO LIABILITY
Your use of the Kincade Productions Website or items obtained through the Website is at your own risk. The Website is provided on an "as is" and "as available" basis, without any promises of any kind, either express or implied. Neither Kincade Productions, LLC nor any person associated with Kincade Productions, LLC makes any promise, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the preceding, neither Kincade Productions, LLC nor anyone associated with Kincade Productions, LLC promises, represents, or warrants that the Website, courses, materials, or any content obtained through the Website or any portion thereof will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Website or the server that makes them available are free of viruses or other harmful components, or that the Website or items obtained through the Website will otherwise meet your needs or expectations. Kincade Productions, LLC 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.
To the extent permitted by law, Kincade Productions, LLC will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability or otherwise and even if we've been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don't allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
We may decide to cease making available certain features on the Kincade Productions Website at any time and for any reason. Under no circumstances will Kincade Productions, LLC or its affiliates be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of the performance of the Kincade Production Website caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster, electrical, Internet, or telecommunication outage; or government restrictions.
Legal Actions and Notices No action, regardless of form, arising out of or relating to this agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by email by us to the email associated with your account or by you to Support@KincadeProductions.com or by mail to Kincade Productions, LLC P.O. BOX 590071 San Francisco, CA 94159.
10. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
In addition to this agreement and the PRIVACY POLICY (collectively, the "Kincade Productions Website Terms of Use Agreement"), all Subscriptions to the Kincade Productions, LLC courses and materials are governed by our online click-through Website Terms of Use Agreement.
You may not assign or transfer these Terms (or the rights and subscriptions granted under them). For example, if you registered an account as an employee of a company, you cannot transfer your account to another employee. We may assign these Terms (or the rights and subscriptions granted under them) to another company or person without restriction. Nothing in this agreement confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these terms terminate upon your death.
11. LINKS FROM THE WEBSITE
If the Kincade Productions Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Kincade Productions Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
12. CHANGES
We may update these Terms to clarify our practices or reflect new or different practices from time to time. Kincade Productions, LLC reserves the right, in our sole discretion, to modify and make changes to this Terms of Use Agreement at any time. Any changes are effective immediately when posted to Kincade Productions Website. Your continued use of the Kincade Productions Website constitutes your agreement to all such terms and conditions. Any revised terms shall supersede all previous terms. Your remedy for dissatisfaction with the website or site contents is to stop using the Kincade Productions Website.
13. EQUITABLE RELIEF
You acknowledge that a breach of any proprietary rights provision of this agreement may cause Kincade Productions, LLC irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Kincade Productions, LLC may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Kincade Productions, LLC may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Kincade Productions, LLC may be entitled to by law or in equity.
14. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State of California, USA, without reference to its choice or conflicts of law principles. Where the "Dispute Resolution" section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in San Francisco, California, USA.
15. DISPUTE RESOLUTION
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
If there's a dispute, we are happy to help reasonably resolve the issue. If that doesn't work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
Going to Arbitration
Suppose we can't resolve our dispute amicably. In that case, you and Kincade Productions agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also request a court to halt court proceeding while an arbitration proceeding is ongoing.
No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means:
(a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; and
(b) an arbitrator can't combine multiple people's claims into a single case (or preside over any consolidated, class, or representative action); and
(c) an arbitrator's decision or award in one person's case can only impact that user, not other users, and can't be used to decide other users' disputes. If a court decides that this "No class actions" clause isn't enforceable or valid, then this "Dispute Resolution" section will be null and void, but the rest of the Terms will still apply.
16. INDEMNIFICATION
You agree to indemnify, defend (if we so request), and hold harmless Kincade Productions, LLC, and our affiliates from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from:
(a) your use of the Kincade Productions Website,
(b) your violation of this agreement, or
(c) your violation of any rights of a third party.
Your indemnification obligation will survive the termination of these terms and your use of the Kincade Productions, LLC courses and materials.
17. SEVERABILITY
Suppose any provision of this agreement is held by a court of competent jurisdiction to be contrary to law. In that case, such provision shall be changed and interpreted to accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of this agreement will remain in full force and effect.
Suppose any part of these Terms is found to be invalid or unenforceable by applicable law. In that case, that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms will continue in effect.
18. WAIVER AND AMENDMENT
If Kincade Productions, LLC fails to insist upon strict performance of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which it is entitled under this agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Kincade Productions, LLC of any default will constitute a waiver of any subsequent default, and no waiver by Kincade Productions, LLC of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn't mean we waive our rights under this agreement, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn't mean we waive our rights generally or in the future.
19. GEOGRAPHIC RESTRICTIONS
Your use of the Kincade Productions Website must comply with applicable local, national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws or regulations of your country. You are solely responsible for knowing and complying with such laws and regulations that apply to you. You may not access our courses and materials if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, Syria, Saudi Arabia, or Russia) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. Government.
20. COMPLETE UNDERSTANDING
The Kincade Productions, LLC Website Terms of Use Agreement, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and Kincade Productions, LLC with respect to the Kincade Productions Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Kincade Productions Website.
The following sections shall survive the expiration or termination of this agreement. Sections: 2. Accounts; 3. Course Purchase; 4. Refunds; 6. Intellectual Property Rights/Copyright Infringement; 8. Reliance On Information Posted; 9. No Promises—Disclaimer and Limits To Liability, 10. Subscriptions and Other Terms and Conditions; 15. Dispute Resolution, and 16. Indemnification.
21. YOUR COMMENTS AND CONCERNS If you have any questions, please contact us via email at: Support@KincadeProductions.com. We can also be reached by mail at: Kincade Productions, LLC, P.O. BOX 590071, San Francisco, CA 94159
