Graduation Nation

Capturing memories across the Nation!

!Header1Title!

!Header1Text!

!Header1Title!

!Header1Text!

CONTACT US

Graduation Nation

C/O: Customer Service

1732 Aviation Blvd. #212

Redondo Beach, CA 90278

tel: !VarPhone!

!VarEmail!

TERMS OF USE AGREEMENT – END USER

 

Footprint Media Services, Inc., dba Incredevent

 

Welcome, and thank you for visiting www.incredevent.com (the “Site”).  The Site is owned and operated by Footprint Media Services, Inc., a California corporation doing business as Incredevent (“Incredevent” or the “Company”).

 

By accessing this Site, you agree to comply with, and be bound by, all of the terms and conditions set forth in this terms of use agreement (the “Agreement”).  THIS IS A LEGALLY BINDING AGREEMENT.  PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY.

 

IF YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THE BOTTOM OF THIS PAGE LABELED “I ACCEPT.”  IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT PROCEED FURTHER AND YOU SHOULD EXIT THE SITE.

 

Incredevent reserves the right to revise, update, modify or otherwise change this Agreement.  Any such change will be effective immediately upon the earlier of the posting of such change to the Site or notification to you of the change.  You should review the Agreement each time you visit the Site to ensure you are aware of any changes.  You agree by your use of the Site to be bound by the Agreement that is in effect each time you visit the Site.

 

AUTHORIZED USE OF SITE

 

Incredevent authorizes you to view and use the Site subject to the terms of this Agreement.  You may download a single copy of the materials on the Site solely for your personal, non-commercial use, provided that any copies of the materials on the Site which you make shall include all copyright and other proprietary rights notices and any disclaimers contained thereon and on this Site.  Printing or electronically reproducing any materials on the Site for any other purpose is expressly prohibited, unless prior written consent to such use is obtained from Incredevent.  You can contact us at Footprint Media Services, Inc., 3812 Sepulveda Blvd., Suite 210, Torrance, CA 90505, Attention: Erik E. Fernandez.

 

Incredevent reserves the right to terminate your access to and use of the Site at any time, and for any reason, with or without notice to you, and without liability, in the Company’s sole and absolute discretion.  Incredevent also reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site or any or all of the content on the Site, with or without notice.

 

REGISTRATION AND PASSWORD

 

In order to open up an account to use and access the Site, you will be required to complete a registration process that includes completing a registration form.  Please make sure that your answers on the registration form are complete and accurate.  Incredevent has several tools that allow you to record and store personal information on servers maintained by or on behalf of Incredevent.  As part of the registration process, and to enable you to access such personal information, you will be asked to provide a user name and a password.  You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account, user name or password of anyone else at any time.  You agree to notify Incredevent immediately of any unauthorized use of your account, user name or password.  Incredevent shall not be liable for any loss that you or any other person shall incur as a result of someone else using your password, either with or without your knowledge or permission.  You grant Incredevent and all other persons involved in the operation of the Site the right to transmit, monitor, retrieve, store and use information stored by you in connection with the operation of the Site.

 

COPYRIGHT AND INTELLECTUAL PROPERTY

 

The material on the Site is protected by copyright under both United States and foreign laws.  Title to materials remains with Incredevent and its licensors.  Any use by you of the materials on the Site not expressly permitted by the terms of this Agreement may violate copyright, trademark and other intellectual property laws and subject you to liability.  You agree not to download, display, perform, transmit, or otherwise distribute any information or content on the Site in violation of Incredevent’s or any third party’s copyright, trademark, or other intellectual or proprietary rights.  Nothing herein shall be construed as conferring by implication, estoppal or otherwise any license or right under any trademark of Incredevent or any third party.  Except as expressly provided in this Agreement, nothing herein contained shall be construed as conferring any license or right under any copyright of Incredevent or its licensors.  All rights not expressly granted to you herein are reserved to Incredevent and its licensors.

 

USER FEEDBACK AND IMPROPER TRANSMISSIONS

 

Should you communicate any questions, comments, suggestions, feedback or the like regarding any of the materials on the Site to Incredevent, such information shall be deemed to be non-confidential and non-proprietary to you, and Incredevent shall have no obligation to you of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute such information to others.  You agree that you will not send or transmit to Incredevent (by e-mail or otherwise) any communication or information that infringes or violates any intellectual property, proprietary or other rights of others.  If you send or transmit to Incredevent any business information, concept, idea or invention, you automatically grant (or warrant that the owner of such transmitted information or other intellectual property has granted) to Incredevent a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication in any media, or any form, format or forum now known or hereinafter developed.  Without limiting the foregoing, Incredevent shall be free, without compensating you, to use any ideas, comments, suggestions, concepts, know-how or techniques contained in such information for any purpose whatsoever, including incorporating such information into Incredevent’s products and services, including materials on the Site.

 

You are prohibited from posting or transmitting to the Site, or selling through the Site, any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, any unsolicited chain letters or “spam,” or any other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities.  However, if any such communication, transmission, or sale does occur, you are solely responsible for the same, and Incredevent will have no liability related to the content of any such communication, transmission, or sale.

 

You are also prohibited from impersonating any individual in connection with the use of this Site.  A member account or profile must be opened using real names and you hereby agree that all other requested information shall be true, accurate and complete in all respects.

 

PRIVACY

 

Incredevent respects the privacy of personal information provided to us by you in connection with your use of the Site.  A complete statement of Incredevent’s current privacy policy can be found by clicking here.  Incredevent’s privacy policy is expressly incorporated into this Agreement by this reference.

 

PURCHASES

 

Using a valid Incredevent account, you can select videos and other content for purchase on the Site.  Incredevent accepts Visa, MasterCard, and American Express cards.  At the time of checkout, we will obtain an authorization from the credit card you have provided to Incredevent.  Once credit card authorization has been received, you will receive an email indicating the details of your purchase.  If credit card authorization is not received, you will receive instructions for completing your purchase.

 

Incredevent may require the credit card security code for your card for any online purchase.  The credit card security code is an individual three- or four-digit number specific to your credit card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard).  Asking for and confirming your credit card's security code helps validate that you – and only you – are in the possession of your credit card and protects you from unauthorized use of your account.

 

DISCLAIMERS

 

Incredevent makes the Site and all content thereon available to users on a strictly “AS IS” and “AS AVAILABLE” basis.  Incredevent does not represent, warrant or guarantee the accuracy, timeliness, completeness, usefulness, adequacy or suitability of any information or test results you may obtain from or through the Site.  While Incredevent may from time to time update and modify information on the Site, the information is subject to change, and Incredevent cannot ensure and does not undertake to ensure that information on the Site is up to date or does not omit material information.  Incredevent does not promise that the Site will be error free or uninterrupted, nor that any specific results will arise from the use of the Site by you.  Incredevent cannot ensure that the files you download from the Site will be free of viruses, worms, Trojan horses or other code that manifest contaminating or other destructive properties.  INCREDIVENT DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF EVERY KIND AND NATURE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

LIMITATIONS OF LIABILITY

 

All use of the Site by you is at your risk.  YOU AGREE THAT NEITHER INCREDIVENT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO THE SITE WILL HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSONS OF ANY KIND FOR LOSSES OR DAMAGES YOU OR THEY MAY INCUR ARISING FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER CONTENT THEREON.  WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL INCREDIVENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO THE SITE BE LIABLE OR OBLIGATED TO YOU UNDER ANY WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, OR FOR DAMAGES FROM LOST PROFITS, BUSINESS INTERRUPTION OR COMPUTER FAILURE FROM VIRUSES, TROJAN HORSES, WORMS OR SIMILAR DESTRUCTIVE CODE, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER CONTENT THEREON, WHETHER OR NOT INCREDIVENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF IN ANY JURISDICTION THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART, YOU AGREE THAT IN NO EVENT WILL INCREDIVENT BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF $1,000 IN TOTAL.  ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURRED.  REMEDIES UNDER THIS AGREEMENT OF TERMS AND CONDITIONS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Incredevent and its officers, directors, employees, agents, licensors, suppliers, contractors and affiliates (collectively, “Indemnified Parties”) from and against any and all claims, actions, demands, liabilities, settlements, losses, expenses and costs, including without limitation reasonable fees and costs of attorneys, incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of this Agreement by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies).  Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder.  You shall not settle any matter without the consent of the applicable Indemnified Party.

 

OTHER BUSINESESS

 

Parties other than Incredevent offer and sell services on this Site.  In addition, we provide links to the sites of affiliated companies and certain other businesses.  Any links and advertisements are provided for your convenience only, and do not imply any endorsement of the material on such websites or any association with their operators.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites.  Incredevent does not assume any responsibility or liability for the actions, product, services and content of all these and any other third parties.  You should carefully review their privacy statements and other conditions of use.

 

COPYRIGHT INFRINGEMENT CLAIMS

 

Incredevent respects the intellectual property of others.  If you believe that any information or materials provided on or through the Site infringes any copyright or is the subject of infringing activity, please use the following process to notify us.

 

All claims of copyright infringement should be in writing and should be directed to Incredevent’s President, whose contact information is as follows:

 

Erik E. Fernandez

Footprint Media Services, Inc.

3812 Sepulveda Blvd, Suite 210

Torrance, CA 90505

Fax: (310) 318-9995

email: erik@incredevent.com

 

Each claim of copyright infringement must include all of the following information:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed, along with that person’s address, telephone number and e-mail address;
  2. An identification of the copyrighted work alleged to be infringed;
  3. An identification of the information or other material that is claimed to be infringing and that is requested to be removed, and information sufficient to permit Incredevent to locate such information within the Site;
  4. Information reasonably sufficient to permit Incredevent to contact the complaining party, such as an address, phone number or e-mail address;
  5. A statement that the complaining party has a good faith belief that the use of the information or other materials on the Site is not authorized by the copyright owner, its agent or the law; and
  6. A statement, under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed.

 

CALIFORNIA BASED OPERATIONS

 

The Site is controlled and operated by Incredevent from its offices in Torrance, California.  Incredevent makes no representation that any of the materials on the Site are appropriate for use outside of the United States.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

GOVERNING LAW AND VENUE

 

This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.  You irrevocably consent to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, State of California in all disputes arising out of or related to your use of the Site.  You further agree and expressly consent to the exercise of personal jurisdiction of the state and federal courts located in Los Angeles County, State of California in all disputes arising out of or related to your use of the Site.

 

SURVIVAL

 

The provisions of this Agreement shall survive the term of your use of the Site.

 

SEVERABILITY; WAIVER

 

If, for whatever reason, any court of competent jurisdiction finds any term or condition in this Agreement to be invalid or unenforceable, all other terms and conditions herein shall remain unaffected and in full force and effect.  No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof.  No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

COMPLETE AGREEMENT

 

This Agreement, together with the Privacy Policy that has been incorporated by reference herein, constitute the entire agreement between Incredevent and you with respect to your use of the Site and the information and material thereon.

 

CONTACTING INCREDIVENT

 

Incredevent can be reached with any questions or comments regarding the Site or any information or materials on the Site via U.S. Mail addressed to Footprint Media Services, Inc., 3812 Sepulveda Blvd., Suite 210, Torrance, CA 90505, or by e-mail to erik@incredevent.com.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HFB 1366896.2 F5597002