THAT HASHTAG SHOW LLC – TERMS OF USE

IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE/APPLICATION (individually and collectively the “App”).

Hello and Welcome to the THAT HASHTAG SHOW LLC’s Website/Application! Hello and Welcome to our Website/Application! We are excited to bring you all the latest trending topics in geek pop-culture, and coverage from the hottest conventions and geek events. Pease read these Terms of Use carefully before using this Website/Application.

YOUR ACCESS TO AND USE OF THIS WEBSITE, AND ANY OTHER THAT HASHTAG SHOW LLC App, and those of its affiliated entities and their SUCCESSORS AND ASSIGNS (individually and collectively “Hashtag Show,” “WE,” “US,” OR “OUR”) APP AND ANY HASHTAG SHOW ONLINE CHANNEL OR WEBSITES WHERE THESE TERMS OF USE ARE LINKED, SUCH AS ,BUT NOT LIMITED TO, OUR MICROSITES AND OUR PAGES ON SOCIAL MEDIA SITES, SUCH AS FACEBOOK,TWITTER OR INSTAGRAM (ALL OF THE FOREGOING IN THIS SECTION ARE INDIVIDUALLY AND COLLECTIVELY THE “SITES”)IS GOVERNED BY THESE TERMS OF USE AND ALL APPLICABLE STATUTES, LAWS, REGULATIONS, RULES AND ORDERS. BY ACCESSING AND USING THE SITES, YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE A LEGALLY BINDING CONTACT BETWEEN YOU AND HASHTAG SHOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT VISIT OR USE THE SITES.

  1. Copyrights; Use of the Sites. As between you and us, the design of the Sites and any and all text, graphics, information, video, audio, animation, content, software, other technology components and any and all other materials of any kind and nature now or later contemplated (the phrase “of every kind and nature now or later contemplated” is now referred to in these Terms of Use as “EKN”) displayed on, in or that can be accessed, streamed or downloaded from the Sites are solely owned and controlled by us from inception in perpetuity and are all protected by U.S. and international copyright, trademark and other laws and treaties EKN. You do not acquire any rights, title and/or interests of EKN in any of the foregoing by virtue of accessing or making any uses of the Sites.

Any unauthorized use of any such information or materials may violate U.S. and/or international copyright and/or other laws, treaties and regulations, is prohibited and without limitation, a violation of these Terms of Use. In the event of a violation of these laws, treaties or regulations, we have the irrevocable right to seek all remedies available per these Terms of Use, by law, in equity or otherwise EKN (individually and collectively “Remedy/ies”). We also have the irrevocable right to block or deny access to the Sites to anyone at any time for any reason or no reason, in our sole, subjective discretion (“Discretion”).

While using the Sites, you are required to comply with any and all applicable statutes, orders, regulations, rules and other laws EKN. In addition, we require users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in these Terms of Use.

Unless otherwise expressly authorized in these Terms of Use, it is also a violation of them to do any of the following:

  • reproduce, publicly display, perform, distribute, sell, resell or otherwise use or exploit any such information or materials for any public or commercial purpose EKN;
  • modify any information or materials on the Sites in any way or copy, reproduce, rent, lease, loan, publish, transmit, distribute, perform, display, create derivative works from, decompile, disassemble, reverse engineer, sell, license or otherwise exploit the Sites or anything on or accessible through them, in whole or in part;
  •  interfere with the Sites or any other user’s use of the Sites including but not limited to, by hacking or defacing any portion of the Sites, inserting any code, product or otherwise manipulating the Sites in any way that affects any user’s experience;
  • post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Sites:
  • anything that is or may be: threatening, harassing, degrading, hateful or intimidating; defamatory; fraudulent or tortious; obscene, indecent, pornographic or otherwise objectionable; or, protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior consent of the owner of that right;
  • any material: that encourages conduct or could otherwise give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; or, that encourages or provides instructional information about illegal activities or activities such as but not limited to “hacking,” “cracking,” or “phreaking;”
  • any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive to the Sites, used to monitor the use of the Sites or any hardware, software or equipment, or which may or is intended to damage or hijack the operation of the Sites;
  • any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or any other form of solicitation;
  • any material, non-public information about an entity without the proper written authorization to do so.
  • use the Sites for any fraudulent or unlawful purpose;
  • use the Sites to defame, abuse, harass, stalk, threaten or otherwise violate any legal or other rights of another person or entity (“Person”) EKN including without limitation, another Person’s privacy rights or rights of publicity, or to harvest or collect “Person Information” (as defined in our Privacy Policy) about users of the Sites;
  • impersonate any Person including without limitation, any representative, affiliate or designee of ours, falsely state or otherwise misrepresent your affiliation with any Person in connection with the Sites or express or imply that we endorse any statement you make;
  •  interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available; or violate any requirements, procedures, policies or regulations EKN of those networks;
  • use EKN for any business purpose, without our express prior written consent, which we can withhold in our Discretion (“Approval” or “Approved”);
  • remove any copyright, trademark or other proprietary rights notice EKN from the Sites or materials originating from or accessible through the Sites;
  • frame or mirror any part of the Sites;
  • create a database by systematically , except as may be expressly authorized by the Sites;
  • Use any robot, spider, search/retrieval application or other manual or automatic device EKN to retrieve, index, “scrape,” “data mine” or in any way gather any materials available on or through the Sites or reproduce or circumvent the navigational structure or presentation of any materials available on or through the Sites.

Additionally, you are solely responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment, and services needed to access and use the any materials available on or through the Sites and paying all charges related to it.

We have the irrevocable right in our discretion, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Sites, with or without notice; change, modify and/or waive any fees we charge in connection with the use of the Sites; and/or offer opportunities to some or all users of the Sites. Neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees is liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any service, content, feature or product offered on or through the Sites.

  • Trademarks. Hashtag Show also owns and/or controls from inception in perpetuity all and all rights, titles and interests EKN regarding our trademarks, trade names, look and feel, brands and trade dress (which along with all associated logos and images are individually and collectively “Trademarks”) including be not limited to, those on the Sites. All Trademarks are registered, pending registration and/or common law trademarks of Hashtag Show and are protected by U.S. and international laws and treaties. You don’t acquire any right, title or interest EKN in any Trademarks by virtue of accessing or making any uses of the Site. Any unauthorized use of any such information or materials may violate U.S. and/or international trademark and/or other laws, treaties and regulations, is prohibited and without limitation, a violation of these Terms of Use. We will aggressively enforce our copyrights, Trademarks and patents and other intellectual property and allied rights EKN (individually and collectively “IP”) to the fullest extent of the law including but not limited to, criminal prosecution and all other Remedies.
  • Zero Tolerance. We and our affiliates have a strict, zero-tolerance policy regarding the use of our IP. Without limitation, we consider use of our IP in page text, metatags, metatag keywords and/or hidden text including without limitation, for purposes of gaining higher rankings from search engines, trademark infringement and/or unfair competition. Linking to any page on the Sites is prohibited without our Approval. Framing, inline linking or other association of the Sites or its suppliers’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or any other information EKN not originating from the Sites is prohibited.
  • User Information. Other than “Personal Information,” which is defined in and subject to our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and other communication EKN you transmit or post to the Sites in any manner EKN including but not limited to, those submitted through services connected through the Sites, such as product reviews and via social media (individually and collectively, in whole and in part “User Communications“) is non-confidential and non-proprietary. We do not accept any User Communications under any obligations EKN, either expressed or implied. So, please do not send us Use Communications you want us to keep confidential or for which you expect to receive compensation. Notwithstanding anything to the contrary in these Terms of Use, if you choose to make any of your Personal Information, User Communications or anything else publicly available in any forum or otherwise on or through any social media links available on or through the Sites, you do so at your sole risk.

You expressly represent, warrant and covenant (“Warranty” or “Warrant”): that you have the authority to submit all User Communications; that we may use all such User Communications for the purposes intended; that all User Communications shall be true, accurate and complete; and, that you will maintain and update User Communications as needed, such that it remains true, accurate and complete.

In exchange for the opportunity to submit User Communications, you irrevocably grant us an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast and otherwise exploit the User Communications via any and all forms and formats of exploitation EKN, for any purpose EKN, whether in connection with the submitted User Communications or not, without any payment to or further authorization by you. You also irrevocably grant to the unrestricted non-exclusive right, but not the obligation, to use your name, photograph, picture, likeness, moving image, voice and biographical material and that of others contained in your User Communications, whether in their original submitted form or otherwise, in perpetuity throughout the universe. We may, but are not obligated to, monitor or review any User Communications and have the irrevocable right to remove User Communications in our Discretion. We have no obligation to use, return, review or respond to any User Communications. We have no liability EKN related to the content of any User Communications, whether or not arising under any U.S. and/or international laws or treaties EKN. If you are accessing and using the Sites on behalf of another Person, you Warrant that you have the authority to bind that Person as a principal to these Terms of Use and you accept full liability for any and all harm or damage EKN caused by any wrongful use of the Sites.

  • Content. We do not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted on forums, blogs or through User Communications contained on the Sites (individually and collectively, in whole and in part “Content“). Any Content placed online including but not limited to, advice, opinions and stories are solely the views and responsibility of those who post the Content and don’t necessarily represent our views.
  • Products and Specifications. All features, content, products and prices of products and services described or depicted on or through the Sites are subject to change at any time without notice. Any weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products including their contents and container colors. The actual color, however, you see depends on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on or through the Sites at a particular time does not imply or Warrant that these products or services will be available at any time.
  • Orders. There may be certain orders that we are unable to accept and/or must cancel. We can in our Discretion: refuse or cancel any order for any reason or no reason including but not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department; and, limit the quantity of items purchased per Person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card and also to orders that use the same billing and/or shipping address. We’ll provide notification to you should such limits be applied.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

We do not sell products for children, but do sell them to adults who can purchase with a credit card. If you are under 18, you may use the Sites only with approval and involvement of a parent or legal guardian. If you are under 18 and use the Sites, we are relying on the fact that you are doing so with the approval and involvement or a parent or legal guardian.

  • Shipping Limitations. When an order is placed for our products, they will be shipped to an address designated by the purchaser as long as that shipping address is compliant with any shipping restrictions contained on the Sites. All purchases from the Sites are made pursuant to a third party shipment contracts. As a result, it may be necessary for you to file claims with them or other carriers for damaged and/or lost shipments. We have no liability EKN for any damaged and/or lost shipments.
  • Accuracy of Information. We attempt to ensure that information on the Sites (with the exception of User Information, is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. Please bring to our attention any information you believe is inaccurate, by contacting us at https://www.thathashtag1.txend.com/contact/, along with a detailed explanation of your beliefs of inaccuracies. We make no Warranty EKN as to the completeness, accuracy or current nature of any information on the Sites and neither THAT HASHTAG SHOW LLC, its affiliates or suppliers makes any commitment or assumes any duty to update that information. For example, products or services included on or through the Sites may be unavailable, may have different attributes than those listed or shown or may actually carry a different price than that stated on the Sites. In addition, we may make changes in information about price and availability in our Discretion and without notice. While it is our practice to confirm orders by  e-mail, the receipt of an  e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We have the irrevocable right, without prior notice, to limit the order quantity on any product or service and/or to refuse fulfillment of orders to any customer. We also may in our Discretion require verification of information prior to the acceptance and/or shipment of any order.
  1. Linking to the Sites. You are not allowed to maintain any link from another site or app to any page on the Sites without our Approval. You also are not allowed to run or display the Sites or any information or material displayed on or accessible via the Sites in frames or through similar means on another site or app without our Approval. Any permitted links to the Sites must comply will all applicable laws, rules and regulations EKN.
  1. Third Party Links. Periodically, links may be established from the Sites to one or more external websites, apps or resources operated by third parties (“Third Party Sites“). These links are provided only for your convenience. In addition, certain Third Party Sites also may, with our Approval, provide links to the Sites. None of these links imply that we endorse any Third Party Sites or any content on or through them. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products or other materials EKN on or available through Third Party Sites. Access to any Third Party Sites is at your own risk and we have no liability EKN arising out of or related to Third Party Sites and/or their content or for any damages or loss EKN caused or alleged to be caused by or in connection with any visit to, purchase from, use of or reliance on anything available on or through a Third Party Site.
  1. Your e-mail. We may collect your  e-mail address, but only if you voluntarily provide it to us. This may occur, for example, if you sign up to receive an  e-mail newsletter, or enter a promotion. We will use your  e-mail address for the purposes for which you provided it to us, and also from time to time to send you  e-mails regarding the Site or other products or services that we believe may be of interest to you. You may opt out of such  e-mail communications at any time by clicking the “unsubscribe” button in the  e-mail.

We will not share your  e-mail address with any third parties WITH EXCEPTION OF OUR VENDORS ON AN AS-REQUIRED BASIS AND SUBJECT TO STRICT CONFIDENTIALITY REQUIREMENTS.

  1. WARRANTY DISCLAIMERS. YOUR USE OF THE SITES IS AT YOUR RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ALL INFORMATION, PRODUCTS, MATERIALS AND SERVICES EKN PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTIES EKN. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE INCLUDE WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED SITES ACCESS, FAILURE TO STORE ANY OF YOUR DATA,COMMUNICATIONS OR PERSONALIZED SETTINGS; WARRANTIES ARRISING OUT OF COURSE OF DEALING, USAGE OR TRADE; WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT; AND, WARRANTIES RELATING TO THE ACCURACY, COMPLETENESS, LEGALITY OR USEFULNESS OF ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE SITES.

ANY AND ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE APPLICABLE MANUFACTURERS, DISTRIBTORS AND/OR SUPPLIERS OF SUCH PRODUCTS AND SERVICES IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS OR SERVICES IN ACCORDANCE WITH OUR RETURNS AND REFUNDS POLICIES. WE ARE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, CLAIMS AND GUARANTEES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES INCLUDING BUT NOT LIMITED TO: THOSE RELATED TO PRODUCT DEFECT OR FAILURE; CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR; PRODUCT MISUSE OR ABUSE; AND, IMPROPER PRODUCT SELECTION.

THE INFORMATION CONTAINED IN INGREDIENT, NATURAL, PROCESSES AND FAQS PAGES OF THE SITES FOR SOME OF OUR PRODUCTS MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS AND NATURAL PROCESSES OF DIFFERENT TYPES, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION.

SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR ANY INDIVIDUAL CONDITIONS OR TREATMENT, IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. WE RECOMMEND SPEAKING WITH YOUR DOCTOR OR PHARMACIST BEFORE CHANGING YOUR PERSONAL CARE REGIMEN. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

THE LIMITATIONS IN THIS TERMS OF USE DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

  1. Limitations of Liability. Neither we nor our suppliers are responsible or will be liable for any damages to, or any viruses that may infect, your computers, handheld or other devices, telecommunication equipment or any other property EKN, caused by or arising from your access to, use of, or browsing the Sites or your downloading of any information or materials from the Sites. IN NO EVENT WILL WE OR ANY OF OUR FORMER, PRESENT TO FUTURE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, MEMBERS, DIVISIONS, PARTNERS, ATTORNEYS, AGENTS, PARENTS, DESIGNEES, ADMINISTRATORS, PRINCIPALS, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (INDIVIDUALLY AND COLLECTIVELY “AFFILIATE(S)”), NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES OR ANY OF THEIR RESPECTIVE AFFILIATES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES EKN INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITES, ANY SITES OR APPS LINKED TO THE SITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EKN AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY EKN, EXCEED THE PURCHASE PRICE PAID BY YOU OR ON YOUR BEHALF FOR THE APPLICABLE PRODUCTS OR SERVICES. WE HAVE SET THEIR PRICING BASED ON THESE LIMITATIONS AND THEY FORM A MATERIAL PORTION OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE FOREGOING LIMITATIONS SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED FOR ITS ESSENTIAL PURPOSE.

IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT ON OR AVAILABLE THROUGH THEM, YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THE LIMITATIONS IN THIS TERMS OF USE DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

  1. Revisions to these Terms of Use. These Terms of Use may be revised in our Discretion at any time and from time to time by updating them here. You should visit this page from time to time to review the then-current Terms of Use because they are a legally binding between you and us. You can tell when these Terms of Use were last updated by the “Effective Date” at the top of these Terms of Use. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on other pages of this Site. Your continued use of the Sites after any changes to these Terms of Use are posted is your unconditional acceptance of all of those changes.
  1. Indemnification. You have a duty to fully and effectively indemnify and hold, on demand, to the broadest extent allowed by law, HASHTAG SHOW and each of our former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-venturers, members and attorneys (“Relation(s)”) harmless, at your sole cost and expense, from and against any and all claims, liabilities, suits, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements and notices EKN including without limitation, actual attorneys and accountancy fees and all costs EKN in any manner related to them in whole and in part (“Claim(s)”) occasioned by or arising out of any actual, alleged or anticipated breach , products or services available on or through the Sites in any unauthorized manner. In the event of a Claim, we will give you notice of it and you have a duty to immediately undertake at your sole cost and expense our legal representation related to that Claim, with competent, experienced counsel subject to our Approval. You also have a duty to immediately upon demand reimburse us for any payment EKN made by or on behalf of us any time after the Effective Date with respect to any Claim to which the foregoing indemnity relates.
  1. Choice of Law; Jurisdiction. These Terms of Use are governed by the laws of the State of California as they apply to agreements between California residents entered into and to be performed entirely within California, regardless of California’s or any other state’s or jurisdiction’s conflict of law rules. In the event that any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be contrary to law, they are severed from these Terms of Use and all remaining provisions continue in full force and effect.

Any and all Claims between you and us arising out of, connected with, or related to these Terms of Use including without limitation, those relating to the arbitrability of these Terms of Use and the enforceability of this arbitration provision, will be brought for exclusive adjudication in our Discretion either: in the Federal or State Courts located in Los Angeles County, California, or for binding arbitration before a sole arbitrator by JAMS or another alternative dispute resolution entity of our Discretion (“AE”) located in Los Angeles County, California, subject to the rules of that AE as of the date of that Claim’s submission to that AE and further subject to the California Code of Civil Procedure sections relating to arbitration or alternative dispute resolution, as applicable. If submitted to an AE, you and we will each choose an arbitrator from the AE’s list within thirty (30) days after submission of the Claim to the AE. The two (2) chosen arbitrators will then together choose the sole arbitrator as soon thereafter as practicable. Should either you or we fail to choose an arbitrator within the thirty (30) days, then the other party has the sole right to choose the sole arbitrator. Judgment upon any award by the arbitrator may in our Discretion be entered in any California court having jurisdiction of it. This arbitration provision remains in full force and effect notwithstanding the nature of any Claim or defense to it. You and we both waive any claim that the courts or an AE in Los Angeles County, California does not have jurisdiction or are an inconvenient forum. Any legal process in a Claim may, in addition to personal service, be served by a party as provided for below and has the same force and effect as personal service within California. In the event of any Claim, the prevailing party will be awarded its reasonable attorneys’ fees and all costs from the non-prevailing party. The court or arbitrator, as applicable, will determine who the prevailing party is, whether or not the Claim proceeds to final adjudication. The attorneys’ fees award will not be computed in accordance with any court or AE fee schedule, but so as to fully reimburse all attorneys’ fees reasonably incurred.

The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed by you and us. Nothing in this Section is a waiver of any of our Remedies, or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance is not a waiver of any of our rights with respect to that Claim or any subsequent Claim brought by a Person against us.

A printed version of the current version of these Terms of Use is admissible in any proceedings based upon or relating to these Terms of Use, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Termination. You or we may suspend or terminate your account and/or your use of the Sites at any time, for any reason or no reason. You are fully liable for any orders placed or charges incurred prior to termination. We have the irrevocable right to change, suspend, or discontinue any or all aspects of the Sites including but not limited to, links, at any time without notice, for any reason or no reason.
  1. Intellectual Property Infringement; Digital Millennium Copyright Act Notice for Copyright Infringement. THAT HASHTAG SHOW LLC does not knowingly or intentionally permit intellectual property infringing activities on the Sites. We may remove in our Discretion any and all materials EKN including but not limited to, User Communications (individually and collectively “Materials”) if we are properly informed that any Materials infringe a third party’s intellectual property rights including but not limited to, copyright rights. We can terminate the ability of a Sites user to access or otherwise use the Sites or to submit Materials if, under appropriate circumstances, it is determined that such user is submitting Materials that infringe another Person’s copyright or other intellectual property rights.

If you are a copyright owner or an authorized agent for that owner and believe that any Materials posted on the Sites by third parties infringes on your copyrights, you may notify THAT HASHTAG SHOW LLC by providing all the following information contained in our Digital Millennium Copyright Act Policy.

  • Notices. Notices to you may be made via posting to the Sites, by providing links to such notices, by  e-mail, text, by messenger or by other confirmed delivery service (for example, Federal Express or UPS) (“Delivery Service”), in our Discretion (in the latter three situations, via your most recent address that we have on file).

Posted notices are effective on posting. Notices  e-mailed, texted or sent by Delivery Service are effective on the date of your receipt, provided that we receive written or printed confirmation of your successful receipt.

  • Entire Agreement; Miscellaneous, But Important. These Terms of Use are the entire agreement between you and us and supersede any prior agreement, whether written or oral, express or implied, relating to the subject matter of these Terms of Use. No waiver, modification or amendment of any of these terms and conditions is effective against us unless in writing and signed by an authorized representative of us. We do not waive any power or right under these Terms of Use or otherwise, even if we do not always insist on strict compliance with any of it, or if we delay or fail to exercise any power or right EKN given to us in these Terms of Use or otherwise. All our rights and Remedies are cumulative and not exclusive of any other rights or Remedies EKN which we have. These Terms of Use are binding on you and your executors, heirs, successors and assigns. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our Approval. All paragraph headings in these Terms of Use are for convenience only and do not define or explain any section or provision.

Last Updated November 2020.

© 2020 – 2021 THAT HASHTAG SHOW LLC. All rights reserved.