Terms and Conditions of Use

Terms and Conditions of use

1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the Carey-it-Off Enterprises, Inc. and the Carey-it-Off Productions.com domain name and server(s) and affiliated domain names and server(s), the "Carey-it-Off Website," or "Website"), you signify your agreement to all terms and conditions herein (the "Terms and Conditions"). If you do not agree to any of these terms, please do not use the Carey-it-Off Website.

B. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version at the Carey-it-Off Website. Carey-it-Off may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Carey-it-Off Website
A. These Terms and Conditions apply to all users of the Carey-it-Off Website, including users who are also contributors of content, information and other materials or services on the Website. The Carey-it-Off Website includes all aspects, including but not limited to all products, software, and services offered via the Website such as Content Distribution (collectively, Player, Widget, Commenting, and Social Media Applications).

B. The Carey-it-Off Website may contain links to third party websites that are not owned or controlled by Carey-it-Off Enterprises, Inc. Carey-it-Off Enterprises, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, Carey-it-Off Enterprises, Inc. will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Carey-it-Off Enterprises, Inc., and Kathi Carey and David Manship from any and all liability arising from your use of any third-party website.

3. General Use of the Website: Permissions and Restrictions
Carey-it-Off Enterprises, Inc. hereby grants you permission to access and use the Website as set forth in these Terms and Conditions, as provided that:
A. You agree not to distribute in any medium any part of the Website without Carey-it-Off Enterprises, Inc.'s prior written authorization.
B. You agree not to alter or modify any part of the website, including but not limited to Carey-it-Off Enterprises, Inc.'s Distribution Products or any of its related technologies.
C. You agree not to photocopy, video copy or copy by any other means the music, books, films and other original content purchased by you unless authorized and without express approval.
D. You agree not to use the Website, including the Distribution Products, defined in 2A, for any commercial use, without the prior written authorization of Carey-it-Off Enterprises, Inc. Prohibited commercial uses include any of the following actions taken without Carey-it-Off Enterprises, Inc.'s express approval:
(1) sale of access to the Website or its related services (such as the Distribution Products) on another website;
(2) use of the Website or its related services (such as the Distribution Products) for the primary purpose of gaining advertising or subscription revenue;
(3) the sale of advertising, on the Carey-it-Off Enterprises, Inc., website or any third-party website, targeted to the content of specific User Submissions or any of the content contained therein;
(4) and any use of the Website or its related services (such as the Distribution Product) that Carey-it-Off, Inc. finds, in its sole discretion, to use Carey-it-Off Enterprises, Inc.'s resources or proprietary copywritten material with the effect of competing with or displaying the market for said copywritten material.
E. You may not modify, enhance, remove, interfere with or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumnavigating the Video Player in any manner that enables users to view the Content without:
(1) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and
(2) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
F. You agree not to use or launch any automated system, without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Carey-it-Off Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. message board forums and commenting systems) for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Website.
G. In your use of the Website, you will otherwise comply with these Terms and Conditions and all applicable local, national, and international laws and regulations.
H. Carey-it-Off Enterprises, Inc. reserves the right to discontinue any aspect of the Carey-it-Off Website at any time with or without notice.

4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Carey-it-Off Website.
A. The content on the Carey-it-Off Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Carey-it-Off Enterprises, Inc., subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you as-is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. Carey-it-Off Enterprises, Inc., reserves all rights not expressly granted in and to the Website and the Content.
B. You may access Content for your information and personal use solely as intended through the provided functionality of the Carey-it-Off Website and as provided by sale and contract. You shall not copy or download any Content unless you see a "download" or similar link displayed by Carey-it-Off Enterprises, Inc. on the Carey-it-Off Website for that Content.
C. You agree to not engage in the use, copying, or distribution or any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Carey-it-Off Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Carey-it-Off Website or Content therein.

5. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Acts ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(4) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and if, available, an electronic mail;
(5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Carey-it-Off Enterprises, Inc.'s designated Copyright Agent to receive notifications of claimed infringement is:
careyitoff@gmail.com
David Manship
Carey-it-Off Enterprises, Inc.
5152 Sepulveda #205
Sherman Oaks, California 91403
U.S.A.
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Carey-it-Off Enterprises, Inc., Customer Service. You acknowledge that if you fail to submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") that complies with all of the requirements above, your DMCA notice may not be valid.


6. Warranty Disclaimer
You agree that your use of the Carey-it-Off Website shall be at your sole risk. To the fullest extent permitted by law, Carey-it-Off Enterprises, Inc., its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Carey-it-Off Enterprises, Inc., makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our Website,
(v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Carey-it-Off Website.
Carey-it-Off Enterprises, Inc., does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Carey-it-Off Website or any hyperlinked website or featured in any banner or other advertising, and Carey-it-Off Enterprises, Inc., will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should do due diligence in researching third parties, use your best judgment, and exervices caution where appropriate.

7. Limitation of Liability
In no event shall Carey-it-Off Enterprises, Inc., its officers, directors, employees, or agents, be liable to you for any directs, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our Website,
(v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Carey-it-Off Website whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages.


The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Carey-it-Off Website is controlled and offered by Carey-it-Off Enterprises, Inc., from its facilities in the United States of America. Carey-it-Off Enterprises, Inc. makes no representations that the Carey-it-Off Website is appropriate or available for use in other locations. Those who access or use the Carey-it-Off Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity
You agree to defend, indemnify, and hold harmless Carey-it-Off Enterprises, Inc., its officers, its directors, its employees, and its agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Carey-it-Off Website;
(ii) your violation of any term of these Terms and Conditions;
(iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or
(iv) any claim that ay of your User Content caused damage to a third party.
This defense and ihndemnification obligation will survive these Terms and Conditions and your use of the Carey-it-Off Website.

9. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Carey-it-Off Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Carey-it-Off Website.

10. Validity
In the event that any provisions of these Terms and Conditions be held to be invalid, the same shall not affect any respect whatsoever the validity of the remainder of these Terms and Conditions.

11. Integrated Agreement
These Terms and Conditions constitute the entire understanding and agreement among all parties with respect to the subject matter hereof and there are no agreements, understandings, restrictions, or warranties among the parties other than those set forth herein provided for.

12. Headings
The headings, titles, and subtitles used in this Agreement are for ease of reference only and shall not control or affect the meaning or construction of any provision hereof.

13. Assignment
These Terms and Conditions, and any rights and licenses granted hereunder,  may not be transferred or assigned by you, but may be assigned by Carey-it-Off Enterprises, Inc., without restriction.

14. General
You agree that:
(i) the Carey-it-Off Website shall be deemed solely based in California; and
(ii) the Carey-it-Off Website shall be deemed a passive website that does not give rise to personal jurisdiction over Carey-it-Off Enterprises, Inc., either specific or general, in jurisdictions other than California.

These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Carey-it-Off Enterprises, Inc., that arises in whole or in part from your use of the Carey-it-Off Website shall be decided exclusively by a court of competent jursidction in Los Angeles County, California. These Terms and Conditions, and any other legal notices published by Carey-it-Off Enterprises, Inc., on the Website, shall constitute the entire agreement between you and Carey-it-Off Enterprises, Inc., concerning the Carey-it-Off Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such terms or any other term, and Carey-it-Off Enterprises, Inc.,'s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Carey-it-Off Enterprises, Inc., reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Carey-it-Off Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

You and Carey-it-Off Enterprises, Inc., agree that any cause of action arising out of or related to the Carey-it-Off Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

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