Esmail Corp

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Employee of the Month

Emily Haigh
December, 2020

Helping you is our #1 Priority

ESMAIL CUSTOMER SUPPORT CENTER:

1-424-369-0359

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Terms of Use

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Congratulations, your hard work is paying off. Submit your details for consideration in our Employee of the Month Program

Employee of the month

Esmail Corp Website Terms of Use Last Updated: July 9, 2019 Welcome, and thank you for your interest in Esmail Corp. (“Esmail Corp,” “we,” or “us”), our website at www.esmailcorp.com, and subdomains of that website (collectively, the “Site”). These Terms of Use are a legally binding contract between you and Esmail Corp regarding your use of the Site. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ESMAIL CORP’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the SITE. YOUR USE OF THE SITE, AND ESMAIL’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY ESMAIL AND BY YOU TO BE BOUND BY THESE TERMS. Arbitration NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ESMAIL CORP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.) 1 Esmail Corp Website Overview. This Site provides information about our production company and its employees and projects, and may provide interactive features that allow you to participate in an augmented reality game (“ARG”). All materials on the Site are provided for informational or entertainment purposes only. 2 Eligibility. By agreeing to these Terms, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Site; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. 3 Use of the Site 3.1 Use. Subject to your complete and ongoing compliance with these Terms, Esmail Corp grants you, solely for your personal use, limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the Site during the Term. 3.2 Restrictions on Use. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site or any Materials (as defined below); (b) make modifications to the Site or any Materials; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it. 3.3 Information You Submit. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding any potential projects, our company, any of our projects, products or services, or problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Esmail Corp an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services. 4 “Employee of the Month” Game. Certain features of the ARG may designate certain game participants as an “Employee of the Month” or similar, solely for entertainment purposes. Esmail Corp retains the right to select the “Employee of the Month” in its sole discretion. 4.1 No Employee Relationship. Use of the term “Employee” or any other similar terms are for entertainment purposes as part of the ARG only and do not create an employee-employer relationship or similar relationship between you and Esmail Corp or any related entity. Nothing in these Terms or on the Site will be construed to create an employment, agency, or service provider (other than Esmail Corp’s limited provision of this Site and related services to you) relationship, partnership, or joint venture between you and Esmail Corp. You acknowledge and agree that Esmail Corp will not provide you any compensation or benefits associated with employment or other similar service provider relationship or any other compensation in exchange for your participation in the ARG. Esmail Corp has full discretion regarding which user is designated as “Employee of the Month” and, once selected, that designation may be removed at any time in Esmail Corp’s sole discretion. 4.2 Name and Likeness Consent. If you are selected as a potential “Employee of the Month” designee through participation in the ARG, you will be asked to provide a name and photo on the Site. Submission of your name and photo is optional and not required to participate in the ARG or use the Site; however, if you choose not to submit your name and photo, you will be ineligible to be designated “Employee of the Month.” By submitting your name and photo to Esmail Corp, you expressly: (a) consent to and authorize the display of your name and likeness on the Site; (b) release Esmail Corp from any and all claims, demands, liabilities, or causes of action for defamation, invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use and exploitation of your name and likeness; and (c) acknowledge and agree that all such submitted content is subject to Section 5 of these Terms. 5 Content You Submit. Certain features of the Site may permit users to upload content to the Site including photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Site. 5.1 License. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site. By providing User Content to or via the Site, you grant Esmail Corp a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, publicly perform, publicly display, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, on or through the Site. 5.2 Your Representations and Warranties. Esmail Corp disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site. By providing User Content via the Site, you affirm, represent, and warrant that: 5.2.a you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Esmail Corp and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Esmail Corp, the Site, and these Terms; 5.2.b your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) require Esmail Corp to pay fees to any third party for the exercise of rights granted to us in Section 5.1; (iii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iv) cause Esmail Corp to violate any law or regulation; 5.2.c your User Content is not provided with the intent to impersonate, harass, threaten, or embarrass any other person; and 5.2.d your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, embarrassing, hateful, or otherwise inappropriate. 5.3 User Content Disclaimer. We are under no obligation to monitor, edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Esmail Corp may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Esmail Corp with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Esmail Corp does not permit copyright-infringing activities on the Site. 5.4 Monitoring Content. Esmail Corp does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Site by its users. You acknowledge and agree that Esmail Corp reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site for operational and other purposes. If at any time Esmail Corp chooses to monitor the content, Esmail Corp still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. 6 Ownership; Proprietary Rights. The Site is owned and operated by Esmail Corp. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), and all other elements of the Site (“Materials”) provided by Esmail Corp are protected by intellectual property and other laws. As between us, all Materials included in the Site are the property of Esmail Corp or its third party licensors. Except as expressly authorized by Esmail Corp, you may not make use of the Materials. Esmail Corp reserves all rights to the Materials not granted expressly in these Terms. 7 Third Party Sites. The Site may contain links to third party websites. Linked websites are not under Esmail Corp’s control, and Esmail Corp is not responsible for their content. 8 Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO: 8.a use the Site for any illegal purpose or in violation of any local, state, national, or international law; 8.b harass, threaten, demean, embarrass, or otherwise harm any other person, group, nationality, sex, gender, religion, ethnicity, race, class, or other collection or group of persons; 8.c violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; 8.d interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law; 8.e interfere with the operation of the Site or any user’s enjoyment of the Site, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Site; 8.f perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation; 8.g sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4) or any right or ability to view, access, or use any Materials; or 8.h attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8. 9 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). Esmail Corp will promptly terminate the accounts of users that are determined by Esmail Corp to be repeat infringers. If you have an intellectual property rights-related complaint about material posted on the Site, you may contact our Designated Agent at the following address: Scott E. Whitehead, Esq. McKuin Frankel Whitehead LLP 141 El Camino Drive, Suite 100 Beverly Hills, CA 90212 Phone: (310) 860-4598 Email: [email protected] Any DMCA-compliant notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must be in writing and include the following information to be effective: 9.a an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; 9.b a description of the copyrighted work or other intellectual property that you claim has been infringed; 9.c a description of the material that you claim is infringing and where it is located on the Site; 9.d your address, telephone number, and email address; 9.e a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and 9.f a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 10 Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications are effective upon publication. Except as expressly permitted in this Section 10 or in Section 15.7, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. 11 Term, Termination and Modification of the Site 11.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Site, and ending when terminated as described in Section 11.2 (the “Term”). 11.2 Termination. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Esmail Corp may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. 11.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site and (b) Sections 3.3, 4, 6, 11.3, 12, 13, 14, 15and 16 will survive. 11.4 Modification of the Site. Esmail Corp reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Esmail Corp will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site. 12 Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Esmail Corp and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Esmail Corp Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. 13 Disclaimers; No Warranties THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ESMAIL CORP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ESMAIL CORP DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE ACCURATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ESMAIL CORP DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ESMAIL CORP ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ESMAIL CORP ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Esmail Corp does not disclaim any warranty or other right that Esmail Corp is prohibited from disclaiming under applicable law. 14 Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE SET FORTH IN SECTION 15, IN NO EVENT WILL THE ESMAIL CORP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ESMAIL CORP ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED IN SECTION 15.4, THE AGGREGATE LIABILITY OF THE ESMAIL CORP ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 15 Dispute Resolution and Arbitration 15.1 Generally. In the interest of resolving disputes between you and Esmail Corp in the most expedient and cost effective manner, and except as described in Section 15.2, you and Esmail Corp agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ESMAIL CORP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 15.2 Exceptions. Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim. 15.3 Arbitrator. Any arbitration between you and Esmail Corp will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Esmail Corp. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. 15.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Esmail Corp’s address for Notice is: Esmail Corp, 3900 W. Alameda Avenue, Burbank, CA 91505. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Esmail Corp may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Esmail Corp must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Esmail Corp in settlement of the dispute prior to the award, Esmail Corp will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000. 15.5 Fees. If you commence arbitration in accordance with these Terms, Esmail Corp will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing for claims for more than $10,000 will take place at a location to be agreed upon in Los Angeles County, CA, but if the claim is for $10,000 or less, the arbitration hearing will not be conducted in-person and you may instead choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Esmail Corp for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. 15.6 No Class Actions. YOU AND ESMAIL CORP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Esmail Corp agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 15.7 Modifications to this Arbitration Provision. If Esmail Corp makes any future change to this arbitration provision, other than a change to Esmail Corp’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Esmail Corp’s address for Notice of Arbitration, in which case your account with Esmail Corp will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. 15.8 Enforceability. If Section 15.6 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16.2 will govern any action arising out of or related to these Terms. 16 Miscellaneous 16.1 General Terms. These Terms, together with any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Esmail Corp regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. 16.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Esmail Corp submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, CA for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in California, and we make no representation that Materials included in the Site are appropriate or available for use in other locations. 16.3 Privacy Policy. Please read the Esmail Corp Privacy Policy (available at [link to privacy policy]) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Esmail Corp Privacy Policy is incorporated by this reference into, and made a part of, these Terms. 16.4 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. 16.5 Consent to Electronic Communications. If you provide your contact information through the Site, you consent to receiving certain electronic communications from us, including via e-mail and phone. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 16.6 Phone Calls & Communications. If you call a phone number on the Site, the call may be recorded. Esmail Corp does not guarantee that any phone number listed on its Site is toll-free; if you call a phone number that appears on the Site, standard calling rates imposed by your phone carrier may apply. You agree that Esmail Corp and those acting on its behalf may call you at or send text messages to any number you provide to Esmail Corp (including any number that appears on caller ID when you call any Esmail Corp number). You understand and agree that these calls or text messages may include promotional content, and may be placed using an autodialer or prerecorded voice. Your agreement is not a condition of any purchase and you may opt-out at any time by emailing us at [email protected]. 16.7 Contact Information. The Site is offered by Esmail Corp, located at 3900 W. Alameda Avenue, Burbank, CA 91505. You may contact us by sending correspondence to that address or by emailing us at [email protected]. 16.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site. 16.9 No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies. 16.10 International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited. As discussed in Section 4 of the Terms of Use, nothing contained in this page, the Site, or the Terms of Use, or otherwise should be construed to create an employment, agency, or service provider (other than Esmail Corp’s limited provision of this Site and related services to you) relationship, partnership, or joint venture between you and Esmail Corp, nor would you be entitled to any compensation or other benefits associated with employment or other similar service provider relationship or any other compensation in exchange for your participation the ARG or the use of the Site. Terms and Conditions opt in: I have read and agree to be bound by the Terms of Use and Privacy Policy.

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