TERMS AND CONDITIONS OF PURCHASE & USE
Last Revision: October 4, 2020
1.1 Introduction: ASH Media LLC provides content & services to you through its website located at www.annabellasanchez.com/ashmedia (the “Site”) and through downloadable materials and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
1.2 Modifications to Terms of Service: ASH Media LLC reserves the right, at our sole discretion, to at any time modify or change sections of these Terms of Service. Depending on the nature of the modification, the changes, effective immediately, will be posted at the top of this page with their revision date. Your use of the Service after the date such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using specific Services, you will be subject to any additional terms applicable that may be posted on the Service.
2. ACCESS AND USAGE OF THE SERVICE
2.1 Usage Description: ASH Media LLC’ Services are solely for your personal and non-commercial use. For all Content purchased and available on the site, we grant you access to the Content solely for your personal use. No right, title or interest shall be transferred to you. You agree not to use the content or other materials for any commercial purpose, or any public display (commercial or non-commercial). ASH Media LLC may revoke your license at any time in its sole discretion.
2.2 Your Registration Obligations: You may be required to register with ASH Media LLC in order to access and use specific features of the Service. If you choose to register for the Service, you agree to provide and maintain accurate and current information about yourself as prompted by the Service’s registration form. If you are under 13 years of age, you are not permitted to use the Service. If you are under 18 years old, you may use the Service with the approval of your parent or guardian.
2.3. Member Account, Security, & Password: You may not use another member’s account, and you may never provide your username and password (access to your content) to another person. You are completely responsible for all activities that occur under your account. You agree to (a) immediately notify ASH Media LLC of any unauthorized use of your account or breach of security, and (b) ensure that you log out of your account at the end of each session when accessing the Service. ASH Media LLC will not be responsible for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service: ASH Media LLC reserves the right to discontinue or change, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ASH Media LLC will not be responsible to you or any third party for any modification, suspension or discontinuance of the Service. ASH Media LLC has no obligation to retain your account or content submitted by you for any period of time.
2.5 General Practices Regarding Use and Storage: You acknowledge that ASH Media LLC reserves the right to delete inactive accounts. You acknowledge that ASH Media LLC reserves the right to change these general practices & limits at any time, in its sole discretion, with or without notice.
2.6 Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload con tent to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device. Your wireless service carrier’s standard charges, data rates and other fees may apply. Downloading, installing, or using certain Mobile Services may be restricted or not permitted, and/or uncompatible by your carrier / devices. You agree that we may communicate with you regarding ASH Media LLC and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you modify or deactivate your telephone number, you agree to update your ASH Media LLC account details to ensure that messages intended for you are not sent to the person that acquires your old number.
3. CONDITIONS OF USE
3.1 User Conduct: You are solely responsible for all music, sound, photographs, graphics, code, video, images, information, data, text, software, messages or other materials (“ User Content”) that you upload, display, post, publish (hereinafter, “upload”) or email or otherwise use via the Service. You agree to not use the Service to: Email or upload any User Content that (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) you do not maintain the right to upload under any law or under contractual or fiduciary relationships; (iii) infringes any intellectual property or other proprietary rights of any party (iv) poses a security or privacy risk to any person; (v) constitutes unauthorized or unsolicited commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” advertising, promotional materials, or any other form of solicitation; (vi) is vulgar, unlawful, abusive, tortious, excessively violent, harmful, threatening, defamatory, pornographic, invasive of another’s privacy, hateful, or otherwise objectionable; or (vii) in the sole judgment of ASH Media LLC, is objectionable or which inhibits any other person from enjoying or using the Service, or which may expose ASH Media LLC or its users to any liability or harm of any type; disrupt or interfere with the Service or servers or networks connected to the Service, or disobey any policies, equirements, procedures, or regulations of networks connected to the Service; violate any applicable law, or any regulations having the force of law; impersonate or falsely misrepresent (your affiliation with) any person or entity; solicit personal information from a minor (under 18); collect contact information of ASH Media LLC users from the Service by any means for the purpose of sending unsolicited communications; sell or buy or advertise any goods or services for business purposes that are not authorized; or promote any criminal activity or provide information regarding illegal activities; or attempt to access or obtain any information or materials through means not specifically made available or provided for through the Service.
ASH Media LLC reserves the right to take appropriate legal action against anyone who, in ASH Media LLC’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Service, terminating the account of such violators and reporting the offending user to law enforcement authorities.
3.2 Fees: For Services (or any portion thereof) made available for any fee, you will be required to select a payment plan and provide ASH Media LLC details regarding your credit card or other payment instrument. You represent and warrant to ASH Media LLC that such information is true and that you are permitted to use the payment instrument. You will promptly update your account information with any changes (for example, billing address or credit card expiration date changes) that may occur. You agree to pay ASH Media LLC the amount that is specified in the payment plan (unless discussed otherwise via email) in accordance with the terms of such plan and this Terms of Service. You hereby authorize ASH Media LLC to bill your payment instrument in accordance with the terms of the applicable payment plan. ASH Media LLC’ reserves the right to modify ASh Media LLC’ prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services based on ASH Media LLC' net income.
3.3 Reproduction: Unless otherwise expressly authorized herein or by ASH Media LLC in writing, you agree not to display, perform, reproduce, duplicate, distribute, license, publish, copy, create derivative works from, modify, exploit, sell, resell transfer or upload for any commercial purposes or otherwise, any portion of the Service, access to the Service, or use of the Service.
3.4 Refund Policy: Due to the immediate, direct access to all course materials, videos and assets, ASH Media LLC does not offer any refunds for online courses. Read the description of each service so you understand precisely what you are purchasing. ASH Media LLC’ courses are like registering for a course at college. If you register with the intent to learn and do not show up, the school will not give you a refund. These same rules apply for ASH Media LLC. ASH Media LLC has put a great amount of time, effort, and passion into our courses and services. We expect you to do the same when learning. ASH Media LLC courses are for serious students only, and we remain firm on our refund policy. ASH Media LLC is invested in giving you the best experience possible, so please contact us regarding questions about enrolling and we will respond with honesty so you can choose the best decision for you.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Third Party Material: Under no circumstances will ASH Media LLC be liable for any content or materials of any third parties (including users), including, but not limited to, for any errors in any content, or for any damage or loss incurred as a result of the use of any such content. ASH Media LLC does not pre-screen content, but ASH Media LLC will have the right (but not the obligation) in their sole discretion to remove any content available via the Service that violates these Terms of Service or is deemed by ASH Media LLC to be otherwise objectionable. You agree that you must bear all risks associated with the use of any content.
4.2 User Content Transmitted Through the Service: By uploading any User Content you grant ASH Media LLC a nonexclusive, worldwide, royalty free, perpetual, fully paid up, transferable, irrevocable license to display, copy, upload, adapt, perform, publish, store, change and otherwise use and fully exploit your User Content in any media, form, technology or distribution methods and for all purposes (commercial or otherwise).
You acknowledge and agree that any questions, ideas, comments, suggestions, feedback or other information relevant to the Service (“Submissions”), provided by you to ASH Media LLC, will be entitled to the unrestricted use and sharing of these Submissions for any purpose without acknowledgment or compensation to you.
You agree that ASH Media LLC may preserve and disclose User Content if required to do so by law or in reasonable belief that such preservation or disclosure is necessary to: (a)protect the rights, property, or personal safety of ASH Media LLC, its users and the public; (b) comply with legal process, applicable laws or government requests; (c) ; enforce these Terms of Service; or (d) respond to claims that any content violates the rights of third parties.
4.3 Repeat Infringer Policy: ASH Media LLC has adopted a policy of terminating, in appropriate circumstances and at ASH Media LLC' sole discretion, users who are deemed to be repeat infringers. ASH Media LLC may limit and/or terminate access to the Service and/or memberships of users who infringe intellectual property rights of others.
The Service may provide, or third parties may provide, access to other sites and resources on the Internet. ASH Media LLC has no control or responsibility over such sites and resources. ASH Media LLC will not be liable for any loss or damage ( alleged to be ) caused by or in connection with reliance on or use of any events, content, goods or services available on or through any such resource or site. Any dealings you have with third parties discovered while using the Service are between the third party and you, and you acknowledge that ASH Media LLC is not responsible for any loss or claim that you may have against any such third party.
5. THIRD PARTY WEBSITES
You may be able to log in to the Service via online third party services, such as social networking services like Facebook or Twitter (“Social Networking Services”). ASH Media LLC does this to make your online experiences easier and more personalized. To take advantage of this feature, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. Remember that the manner in which Social Networking Services use, save and disclose your information is governed by their policies, and ASH Media LLC is not liable for the actions & privacy of any third party site or service that may be enabled within the Service. ASH Media LLC is not liable for any damage or loss (alleged to be) caused by or in connection with reliance on or usage of any such Social Networking Services. ASH Media LLC enables the usage of these features as a convenience and the integration or inclusion of such features does not imply a recommendation or endorsement.
6. SOCIAL NETWORKING SERVICES
You agree to hold ASH Media LLC harmless from any & all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising or relating to your connection to the Service, your use of the Service, any User Content, your violation of any rights of another or these Terms of Service.
7. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ASH MEDIA LLC’ SERVICE IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ASH MEDIA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
ASH MEDIA LLC MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE RELIABLE OR ACCURATE, OR (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASH MEDIA LLC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES (EVEN IF ASH MEDIA LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, GOODS, OR SERVICES OBTAINED OR PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (II) THE INABILITY TO USE OR USE THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA OR TRANSMISSIONS; (IV) CONDUCT OR STATEMENTS OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. ASH MEDIA LLC’ WILL NEVER BE HELD RESPONSIBLE OR LIABLE TO YOU FOR ALL LOSSES, DAMAGES, OR CAUSES OF ACTION.
IF YOU ARE DISSATISFIED WITH THESE TERMS OF SERVICE OR WITH ANY PORTION OF THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
8. LIMITATION OF LIABILITY
IN THE EVENT OF DISPUTE BETWEEN YOU AND ASH MEDIA LLC REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLLMENT PROCESS YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN ANY LAWSUIT, INCLUDING ANY LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION).
9. BINDING ARBITRATION; CLASS ACTION WAIVER
You agree that ASH Media LLC, in its sole discretion, may terminate your account (or any part thereof) or use of the Service and remove any content within the Service, for any reason, including, without limitation, for lack of use or if ASH Media LLC believes you have acted inconsistently or violated these Terms of Service. Any suspected fraudulent, illegal, or abusive activity may be referred to appropriate law enforcement authorities. ASH Media LLC may discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or deactivation of your account under any provision of this Terms of Service may be effected without prior notice. You agree that ASH Media LLC will not be liable to you or any third party for termination of your access to the Service.
You acknowledge that only you are responsible for your interactions with other users in connection with the Service. You agree that ASH Media LLC will have no responsibility or liability regarding such interactions. ASH Media LLC reserves the right to become involved with disputes between all users of the Service.