Terms of Use

Terms of Use

Last Updated: October 22, 2015

BY VISITING THE SITE YOU ACCEPT THESE TERMS OF USE. PLEASE READ THEM CAREFULLY.

IF THESE TERMS OF USE ARE NOT ACCEPTED IN FULL, YOU DO NOT HAVE PERMISSION TO ACCESS THE SITE AND SHOULD CEASE USING THE SITE IMMEDIATELY.

These Terms of Use apply to your use of the websites located at www.breakingintoreality.com, www.theconlincompany.com and any and all related sites (collectively, the “Site”), and included products, services and features made available through or relating to such sites (collectively, “Company Services”). Access to and use of the Site is provided by The Conlin Company, a California corporation (“Company”) and its affiliates, subject to the following terms and conditions (“Terms of Use”). Use of the Site constitutes your acceptance of these Terms of Use, which shall take effect from the first date you access the Site. Company reserves the right to change these Terms of Use, in its sole discretion, at any time by posting revised Terms of Use on the Site. In addition, when you use any current or future Company service or feature, including, without limitation, Company Services, provided through or relating to the Site, you may also be subject to guidelines, terms, conditions, policies and agreements, including, without limitation, the Privacy Notice for the Site and the Submission Agreement applicable to submissions of information and ideas through the Site, related to such service or feature (“Other Terms”). If and to the extent these Terms of Use are inconsistent with such Other Terms, the Other Terms will control.

In these Terms of Use, the user of the Site is defined as “you” or “your,” and the provider of the Site, Company, may also be referred to as “we,” “us” or “our.”

PRIVACY

Please review our Privacy Notice, which also governs your visit to and use of the Site, to understand our practices. The Privacy Notice, as amended and modified from time to time, is incorporated into these Terms of Use by reference.

NON-TRANSFERABILITY

Unless otherwise expressly agreed in writing by Company, your right to use the Site and any Company Services, including, without limitation, those which may be subscribed to and/or which are purchased and paid for, are not transferable to any other person or entity and may only be accessed, used or otherwise utilized by the subscriber or purchaser, as applicable. Further, any emails, links, information, documentation, content, courses, webinars or other items provided to you by virtue of your use of the Site and/or your subscription to or purchase of any Company Services are not transferable to any other person or entity and may only be accessed, used or otherwise utilized by the subscriber or purchaser, as applicable.

PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES

The Site may contain references to products, services and features, including, without limitation, Company Services, that are not available in every country.

CONTENT

The Site is supplied to you for personal information, entertainment and education. We do not represent or warrant that the information accessible via the Site is accurate, complete or current. Material on the Site, including, without limitation, photographs, images and text, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. Any other use requires Company’s prior written permission.

You agree not to adapt, alter or create any derivative works from any of the material contained on the Site, or use such material for any other purpose other than for your own personal, non-commercial use. You agree to use the Site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, Company or any third party. Such restrictions or inhibitions include, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person or entity and the transmission of illegal, obscene or offensive content.

You agree not to, and must not, post or transmit, through the Site, any defamatory, threatening, obscene, harmful or pornographic material, or material which would violate or infringe in any way the rights of Company or third parties (including, without limitation, intellectual property rights, rights of confidentiality, rights of privacy or rights of publicity) or cause distress, or which does not comply with all applicable laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive.

TO THE FULLEST EXTENT PERMITTED AT LAW, WE ARE PROVIDING THE SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, CONTENT, LOGOS AND ICONS REGARDING OR RELATING TO US OR OUR PRODUCTS AND SERVICES OR TO THIRD PARTY PRODUCTS AND SERVICES ON THE SITE ON AN “AS IS” BASIS AND MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. WE WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM USE OR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE.

PAYMENTS & SCHEDULING

For Company Services, whether free or requiring payment, which require scheduling with Company, including, without limitation, consultations and webinars (“Scheduled Services”), you agree as follows: (i) Company shall have the right to determine and alter, at Company’s discretion, the means, technological or otherwise, by which such Scheduled Services shall be rendered; (ii) your cancellation or failure to be available and attend such Scheduled Services, including, without limitation, by virtue of any technological problems which are not the responsibility of Company to make available or otherwise maintain, shall not obligate Company to reschedule or refund payment, as applicable, for such Scheduled Services; (iii) for Scheduled Services requiring payment, Company shall have no obligation to schedule or provide such Scheduled Services until payment in full has been received by Company; (iv) for Scheduled Services requiring payment, Company shall have the right to reschedule and/or designate an alternative technical means of conducting such Scheduled Services, subject to mutually agreeable dates and times, without any obligation to refund payment; (v) for Scheduled Services requiring payment and for which Company has received payment in full, Company shall have the right to cancel such Scheduled Services, in Company’s discretion, at any time and refund your payment; (vi) for Scheduled Services offered for free, Company shall have the right to cancel or reschedule, and/or designate an alternative technical means of conducting, such Scheduled Services in Company’s sole discretion; and (vii) in the event of any technical problems with Company’s system which result in Company being unable to render such Scheduled Services as scheduled, Company shall have the right to reschedule or designate an alternative technical means of conducting such Scheduled Services.

Company reserves the right, at any time, to change any and all fees and billing methods relating to the sale or license of Company Services. Unless otherwise stated by Company, prices include all shipping, handling and taxes. Company, as applicable, collects taxes at the rate in effect at the time your transaction is completed. If the tax rate changes before the transaction is completed, the new tax rate in effect will apply. Company cannot accept exemption certificates for purchases made online.

To the extent you are directed to a third party for the processing of any payments or fees for Company Services, Company is not responsible for the availability of any third party website material or process you access through the Site, and Company does not endorse and is not responsible for any content, advertising, products or services available through such third party website, or any damage, loss or offense caused, or alleged to be cause, by or in connection with use of or reliance on any third party website. Any dealings between you and any third party relating to payment, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. You agree not to hold Company liable for any loss or damage of any kind incurred as a result of such dealings with any third party.

All fees paid and charges made to Company for Company Services are nonrefundable. Your choice to terminate use of any purchased Company Service shall not relieve you of any obligations to pay accrued charges.

RECORDINGS

You are strictly prohibited from making recordings, whether audio, visual, audio-visual or otherwise of any communications, including, without limitation, those by telephone, video-phone and any form of mobile or Internet-based audio or video conferencing (e.g., Skype) (collectively, “Communications”) with Company (including any and all employees, owners, representatives or agents of Company) and/or using any such recordings in any way, including, without limitation, distribution and/or publication to third parties whether for commercial or non-commercial purposes.

You agree that Company may make recordings, whether audio, visual, audio-visual or otherwise of any and all Communications with you and that Company may retain and use such recordings, in full or in part, in any way and in any media, whether now known or later devised, in Company’s sole discretion, including, without limitation, distribution and/or publication to third parties and for marketing and promotional purposes, and Company may edit or alter such recordings, in Company’s sole discretion, including, without limitation, coupling such recording with other recordings, adding audio and/or visual elements or any other form of modification. You acknowledge, understand and agree that such recordings may contain your name, image and likeness and hereby grant Company the right to make use of your name, image and likeness with regard to such recordings as set forth above. For the avoidance of doubt, Company shall have no obligation to make, retain or use any such recordings or provide them to you or any third party other than as required by applicable law.

LINKING & FRAMING

You may not frame the Site. You may not link this Site to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any intellectual property, proprietary, privacy or publicity rights.

ELECTRONIC COMMUNICATIONS

When you visit the Site, send emails to Company or make submissions of any form or nature through the Site or pursuant to instructions or contact information made available or otherwise obtained through the Site, you are communicating with us electronically and you consent to receive communications from us electronically. We will, in our sole discretion, communicate with you by email, notice on the Site, mobile notifications or any other electronic means. You agree that all agreements, notices, disclosures and other communications, through any medium, whether now known or later devised, that we provide to you electronically satisfy any and all legal requirements that such communications be in writing.

COPYRIGHT

All content included on the Site, including, without limitation, text, graphics, logos, button icons, images, audio and/or video content, digital downloads, data compilations and software, is the property of Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all content of the Site is the exclusive property of Company and is protected by United States and international copyright laws. All software used on the Site is the property of Company or its software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

THE CONLIN COMPANY, BREAKING INTO REALITY, BREAKINGINTOREALITY.COM, THECONLINCOMPANY.COM and other Site graphics, logos, page headers, button icons, scripts and service names are trademarks and/or service marks, registered trademarks and/or service marks, or trade dress of Company in the United States and/or other counties. Company’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Company’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks and service marks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.

LICENSE AND SITE ACCESS

Company grants you a limited license to access and make personal, non-commercial use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. Except to the extent express written consent of Company has been given, this license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any third party; or use of data mining, robots or similar data gathering and extracting tools. The Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, without limitation, images, text, page layout or form) of Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Site so long as they link does not portray Company, or its products or services, in a false, misleading, derogatory or otherwise offensive manner, or otherwise violate these Terms of Use. You may not use any Company logo or other proprietary graphic or trademark as part of such link without express written consent of Company.

USER GENERATED CONTENT

To the extent you elect to upload or input any content on the Site you agree as follows:

A.  Any and all content left in shared areas of the Site, including, without limitation, comments, feedback, chats or other material or content posted or submitted in forums or other areas of the Site, or any feedback or suggestions about the Site, Company, Company Services, or the Content (collectively, “User Generated Content”) shall become the property of Company, for use by Company, in its sole discretion, including, without limitation, the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, disclose, post, remove and/or distribute such User Generated Content, in whole or in part, and incorporate such User Generated Content into any form, medium or technology now known or later devised throughout the universe; and

B, You agree, represent and warrant that none of such User Generated Content shall:

  1. Violate or infringe upon the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
  2. Allow you to gain unauthorized access to the Site or any account, computer system or network connected to the Site, by means such as hacking, password mining or other illicit means;
  3. Be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contain explicit, graphic, objectionable or offensive descriptions or accounts;
  4. Victimize, harass, degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  5. Collect for marketing purposes any email addresses or other personal information that has been posted by other users of the Site;
  6. Impersonate any person, business or entity, including Company, any of its affiliated entities or any of their employees or agents, or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including Company or any of its affiliated entities.
  7. Contain an advertisement or solicitation, or encourage others to make a donation;
  8. Contain viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  9. Encourage conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any person;
  10. Result in the posting or transmission of any message anonymously or under a false name;
  11. Permit any person to access any features of the Site that may require registration;
  12. Result in a single message being posted in excessive locations throughout the Site, or result in messages being posed to any part of the Site if that message is, in Company’s view, off-topic or in violation of these Terms of Use; or
  13. Violate these Terms of Use or Other Terms, or interfere with the use of the Site by others in any way.

C.  Disclaimer and Safe Harbor – Company has no obligation to retain or store any User Generated Content. Company makes no representations as to the accuracy, non-infringement or validity of any User Generated Content. Company does not monitor the Site or any User Generated Content, however, Company reserves the right to remove, delete or refuse to post any User Generated Content and to disable access for any users of the Site if Company feels that such User Generated Content or users of the Site have or may violate these Terms of Use, including, without limitation, any of the prohibited types or effects of User Generated Content set forth above, or otherwise in Company’s discretion. Notwithstanding Company’s rights as set forth above, you shall remain solely responsible for the User Generated Content you post on the Site. You acknowledge, understand and agree that neither Company nor its affiliates shall assume or have any liability for any action or inaction of Company with respect to any User Generated Content, conduct within the Site or any communication or posting on the Site.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the Site by third parties not within Company’s control. Company is under no obligation to, and does not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, Company respects the copyright interests of others. It is Company’s policy not to permit materials known by Company to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide Company with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
  4. Information reasonably sufficient to permit Company to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to Company’s designated agent via email at copyright@theconlincompany.com.
It is Company’s policy to terminate relationships, to the extent reasonably practicable, regarding content with third parties who repeatedly infringe the copyrights of others.

ELIGIBILTIY TO USE THE SITE

If you use this Site, you agree to accept responsibility for all activities you conduct through the Site, including, without limitation, the submission of any information relating to your identity, ideas, concepts or any other information or materials. This Site is not available for use by children. You must be at least eighteen (18) years of age to use the Site and/or any Company Services. Company reserves the right to refuse service, terminate accounts, and remove or edit content

ERRORS AND INTERRUPTIONS

Company does not warrant that the functions and/or material contained on or made available via the Site, including, without limitation, Company Services, will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy or reliability of the materials. We assume no responsibility, and cannot be liable for, any damages to, or viruses that may affect, your equipment or other property on account of your access to, use of, or from browsing, the Site, your downloading of any material, data, text, images, video or audio content, or use of Company Services.

OTHER PARTIES

You acknowledge and agree that Company is not responsible for the availability of any third party websites or material you access through the Site, and we do not endorse and are not responsible or liable for any content, advertising, products or services on or available from those websites or that material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from those websites or material. Any dealings between you and any advertisers or merchants found on or via the Site, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold Company liable for any loss or damage of any kind incurred as the result of any such dealings.

SUBMISSION OF INFORMATION OR CONTENT

With regard to submissions made which are not in full accordance with the Submission Agreement (“Unsolicited Submissions”), Company does not knowingly accept, via the Site or otherwise, Unsolicited Submissions including, without limitation, submissions of information for casting consideration, content, pitches, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts (“Content”). Company’s policy is to simply delete any such Unsolicited Submission without reading it or forwarding it to other Company staff or staff of its affiliated Companies. Therefore, any similarity between an Unsolicited Submission and any elements in any Company or affiliated company creative work including, without limitation, a film, show, series, story, title or concept would be purely coincidental.

If Unsolicited Submissions are sent to the Company via the Site or otherwise, you are deemed, by virtue of your Unsolicited Submission, to have granted Company a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to the Content worldwide and/or to incorporate it in other works in any media, whether now known or later devised, for the full term of any rights that may exist in the Content. If you do not wish to grant these rights to Company, please do not make Unsolicited Submissions through the Site or otherwise and ensure that any submission is made in full accordance with the terms of the Submission Agreement. By submitting your Content through the Site or other aforementioned means, you warrant and represent that: (i) the Content is original and you are the copyright owner thereof; (ii) nothing in the Content is obscene or libelous of, or infringes any party’s right, any party’s property right, any moral right, any right of copyright, right of privacy, right of publicity or any other right whatsoever of any third party; (iii) Company can use, broadcast, transmit and otherwise exploit the Content and exercise the rights granted in these Terms of Use without restriction or payment to you or any third parties, and you waive all so-called moral rights in the Content; and (iv) you have obtained all necessary consents and releases from all entities and individuals entitled or required to give such permission in respect of the Content and its use by Company, and that neither the Content nor the reproduction of it by Company will infringe any rights of any third party. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an Unsolicited Submission you waive the right to make any claim against Company or any affiliated company relating to Unsolicited Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

UNITED STATES EXPORT CONTROL & FOREIGN ASSETS CONTROL REGULATIONS

Company does not represent that information, materials, products, services or features contained in, on or otherwise available, directly or indirectly, through the Site, including, without limitation, Company Services, are appropriate for use in any particular location. Those who choose to access such information, materials, products, services or features do so on their own initiative and are responsible for compliance with any and all applicable laws and regulations. You represent and warrant that you are not: (i) located in or a national or resident of any country that is subject to United States trade sanctions; or (ii) a person or entity on the United States Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.

LIMITATION ON LIABILITY

IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE SITE AND/OR COMPANY SERVICES.

FORCE MAJEURE

Company shall not be liable to you or any third party for any default arising from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of Company.

DISPUTES

You agree to resolve any claim, cause of action or dispute you have with Company or its affiliates arising out of or relating to these Terms of Use exclusively in the state or federal court located in Los Angeles County, California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against Company or its affiliates related to your use of or actions through, or content or information submitted through, the Site, you will indemnify and hold Company and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable outside legal fees and costs, related to such claim.

YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE.

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review the Other Terms, as applicable, posted on the Site or otherwise available in relation to any function or service available through the Site, including, without limitation, submissions of content, ideas or information. We reserve the right to make changes to the Site, Other Terms and these Terms of Use at any time. If any of the provisions of these Terms of Use is deemed invalid, void, or for any reason unenforceable, such provision will be deemed severable and will not affect the validity and enforceability of any remaining provision. The failure of Company to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operate to the fullest extent permissible by law.

Please contact us at: contact@theconlincompany.com with any questions regarding these Terms of Use.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE THAT BY USING THE SITE AND/OR THE COMPANY SERVICES, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE.