CONDITIONS OF USE
MANNS MACKIE STUDIOS, LLL CONDITIONS OF USE
Welcome to the MANNS MACKIE STUDIOS, LLC site. MANNS MACKIE STUDIOS, LLC and/or its affiliates ("MANNS MACKIE STUDIOS, LLC") provide website features to you subject to the following conditions. By visiting the MANNS MACKIE STUDIOS, LLC site (the "Site"), you accept these conditions. Please read them carefully. In addition, when you use any current or future MANNS MACKIE STUDIOS, LLC service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to the Site, to understand our practices.
When you visit the Site, send e-mails to us and sign-up on one of our email lists, you are communicating with us electronically. You therefore fully and wholly consent without need for any further approval to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MANNS MACKIE STUDIOS, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of MANNS MACKIE STUDIOS, LLC and protected by U.S. and international copyright laws. All software used on the Site is the property of MANNS MACKIE STUDIOS, LLC or its software suppliers and protected by United States and international copyright laws.
MANNS MACKIE STUDIOS, LLC, MANNS MACKIE STUDIOS.COM, MACKIE PRODUCTIONS, LLC , TY MANNS PRODUCTIONS, LLC and other Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MANNS MACKIE STUDIOS, LLC in the U.S. and/or other countries. MANNS MACKIE STUDIOS, LLC's trademarks and trade dress may not be used in connection with any product or service that is not MANNS MACKIE STUDIOS, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MANNS MACKIE STUDIOS, LLC. All other trademarks not owned by MANNS MACKIE STUDIOS, LLC 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 MANNS MACKIE STUDIOS, LLC.
LICENSE AND SITE ACCESS
MANNS MACKIE STUDIOS, LLC grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MANNS MACKIE STUDIOS, LLC. Except with express written consent of MANNS MACKIE STUDIOS, LLC, 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 other party; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MANNS MACKIE STUDIOS, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MANNS MACKIE STUDIOS, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing MANNS MACKIE STUDIOS, LLC's name or trademarks without the express written consent of MANNS MACKIE STUDIOS, LLC. Any unauthorized use terminates the permission or license granted by MANNS MACKIE STUDIOS, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray MANNS MACKIE STUDIOS, LLC, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MANNS MACKIE STUDIOS, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT AND ELIGIBILITY TO USE THE SITE
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password at any time. The Site is not available for use by children. You must be 18 to use the Site. MANNS MACKIE STUDIOS, LLC reserves the right to refuse service, terminate accounts, and remove or edit content.
MANNS MACKIE STUDIOS, LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Parties other than MANNS MACKIE STUDIOS, LLC may make rights and services available on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these parties or the content of their Web sites. MANNS MACKIE STUDIOS, LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MANNS MACKIE STUDIOS, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MANNS MACKIE STUDIOS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MANNS MACKIE STUDIOS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MANNS MACKIE STUDIOS, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MANNS MACKIE STUDIOS, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANNS MACKIE STUDIOS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim between you and MANNS MACKIE STUDIOS, LLC relating in any way to your visit to the Site or to properties contributed to, developed on or distributed by or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Riley Park, 300 Colonial Center Parkway STE 100N, Roswell, GA, 30076. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. MANNS MACKIE STUDIOS, LLC will not be responsible for any associated fees. Likewise, MANNS MACKIE STUDIOS, LLC will seek to recouped its attorneys' fees and costs in arbitration even if the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MANNS MACKIE STUDIOS, LLC.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other agreements, rules and notices posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
MANNS MACKIE STUDIOS, LLC
12850 HWY 9, SUITE 600-371, ALPHARETTA, GA, 30004, USA
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MANNS MACKIE STUDIOS, LLC that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.