Terms and Conditions of Service
Lockwood Productions websites (“Websites”) and mobile applications, including the ZenDen application and related services (“Service”) are operated by Lockwood Productions LLC (“Lockwood Productions,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”).
By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Lockwood Productions reserves the right, at our sole discretion, to amend, update or change these Terms and Conditions at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
Lockwood Productions may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Lockwood Productions until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Lockwood Productions reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Lockwood Productions cancels it. You may cancel your Subscription renewal through your account management page in the app settings or through your iCloud account.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Lockwood Productions account registered to you. Lockwood Productions may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In the event that Lockwood Productions suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
Representations and Warranties
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Lockwood Productions are provided to you on an “as is” basis. Lockwood Productions and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Lockwood Productions does not make any representation or warranty of any kind relation to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
In no event will Lockwood Productions be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but no limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Lockwood Productions has been advised of the possibility of such damages. Lockwood Productions’ liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Lockwood Productions for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service (“Service Content”) are the proprietary property of Lockwood Productions or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Lockwood Productions, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including User Content created by you, shall be exclusively owned by Lockwood Productions, and you shall not have any right to use such materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Lockwood Productions any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the User Content. All rights of Lockwood Productions or its licensors that are not expressly granted in these Terms and Conditions are reserved to Lockwood Productions and its licensors.
Governing Law and Arbitration
These Terms and Conditions, its subject matter and Lockwood Productions’ and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“Claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the State of Oregon, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. If you intend to seek arbitration you must first send written notice to Lockwood Productions’ Administration Office of your intent to arbitrate (“Notice”). The Notice to Lockwood Productions should be sent by any of the following means: (i) electronic mail to ; or (ii) sending the Notice by U.S. Postal Service certified mail to Lockwood Productions, LLC, Attention: 4445 NW Malheur Ave, Portland OR 97229. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.
November 16, 2019