I. GENERAL
The timesendproductions.com web site (the “Site”), managed by End Times Productions, LLC (“ETP”), is intended for scholarly, educational, research, and entertainment purposes, to aid individuals interested in exploring End Times themes and materials. The Site is not intended for commercial purposes.
Use of this Site by you is governed by these terms and conditions of use (“Terms”). You acknowledge that you have read these Terms and that you accept and agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THIS SITE.
ETP may from time to time change these Terms. Your use of this Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. Because these Terms are binding upon you in connection with any use you make of this Site, you are advised to periodically review this page for changes to the Terms.
II. SITE CONTENTS
This Site as a whole, as well as all materials, images, text (other than user information and text quoted from third parties), illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up this Site (collectively, the “Contents”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Contents are owned or licensed by ETP or its affiliated companies.
ETP grants you a limited, nonexclusive, nontransferable license to access and use the Site and Contents for purposes of general browsing or conducting business with ETP. In addition, permission is granted to electronically display and electronically copy and print hard copy portions of the Site for your own personal, non-commercial use.
In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site or the Contents for any purposes or in any manner other than as intended and authorized in writing by ETP; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or the Contents; (iv) attempt to gain unauthorized access to the Site, any products or services available on the Site, or computer systems or networks connected to the Site through hacking, password mining, the impersonation of others, the unauthorized use of another’s user name, password or other information, or any other means; and (v) use any robot, spider, other automatic device, or manual process to monitor or copy pages of the Site or the Contents.
III. PROPER USAGE
You agree to use the Site and Contents only for proper, lawful purposes and not for any illegal, unethical, fraudulent, deceptive, or other purposes. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure.
You acknowledge that some areas of the Site (such as individual customer accounts, if applicable) may be restricted and accessible only via password. You agree to access and use only those areas of the Site that have been authorized for your use (such as your individual customer account, if applicable) and to refrain from using any password or account information of any third party. If you have a password, you agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.
ETP reserves the right in its sole discretion to limit, restrict, suspend, or terminate any person’s or company’s access to or usage of this Site or any portion thereof for any reason. ETP further reserves the right in its sole discretion to change, suspend, or discontinue any aspect, feature, function, or Contents of the Site at any time without notice or liability.
IV. USER SUBMISSIONS
By sending emails, posting submissions, uploading files, inputting data, entering or participating in sweepstakes, contests or promotions, or engaging in any other form of communication (collectively, “Communications”) with, to, or regarding the Site, you hereby grant to ETP a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, transmit, modify, edit, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive any claim against ETP for any alleged or actual infringements of any proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such Communications. Notwithstanding the foregoing, user personal and transaction information shall be maintained in confidence in accordance with the provisions of the ETP Privacy Policy.
You agree to submit to this Site only Communications that are proper, lawful, and related to the purposes of this Site. You agree that you will not, and will not permit others to, submit any Communications to this Site that: (i) infringe any intellectual property, privacy, or publicity rights of a third party; (ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitute, or encourage conduct that would constitute, a criminal office, give rise to civil liability, or otherwise violate law; (iv) contain a virus or other harmful component; (v) constitute or contain false or misleading indications of origin or statements of fact; or (vi) constitute advertising or solicitation of business. ETP reserves the right in its sole discretion to delete without notice any Communications received from any source.
V. ETP COMMUNICATIONS TO YOU
ETP may send email and other communications to you for the purpose of advising you of changes or additions to this Site, about any ETP products or services, or about any other matters in the sole discretion of ETP. Such communications are subject to the terms of our Privacy Policy. If you do not want to receive email or other communications from us, click here to contact us.
VI. LINKS TO OTHER SITES AND SERVICES
This Site may contain links or references to third-party web sites, services, or resources. Any such links or references are provided solely as a convenience to you. No such link or reference constitutes an endorsement by ETP of, and ETP makes no warranties or representations whatsoever regarding, any such third-party web sites, services, or resources.
VII. PRODUCT INFORMATION
Product prices displayed on the Site are quoted in U.S. Dollars, do not include sales taxes (where applicable), and are valid and effective only in the United States.
VIII. DISCLAIMERS
THE SITE AND CONTENTS ARE PROVIDED “AS IS, WHERE IS.” TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE BY LAW, ETP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, ANY AND ALL CONTENTS, AND ANY AND ALL INFORMATION CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ACCURACY.
Without limiting the generality of the preceding sentence, ETP specifically does not warrant: (i) that the operation of, or access to, the Site will be uninterrupted or error free; (ii) that adequate security measures will be in place to prevent unauthorized access or other tortious conduct by third parties; (iii) that Site errors and defects will be corrected; (iv) that the information on the Site, including, without limitation, analyses, commentary, links, product prices, availability, etc., is fully accurate, free of errors, reliable, complete, or timely; or (v) that the Site and its server are virus-free or free of other harmful components.
IX. LIMITATION OF LIABILITY
IN NO EVENT SHALL ETP BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST TIME, LOST PROFITS, BUSINESS INTERRUPTION, AND/OR LOST INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENTS, OR INFORMATION CONTAINED ON THIS SITE, AND WHETHER OR NOT ETP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY MONETARY DAMAGES ARE IMPOSED UPON ETP NOTWITHSTANDING THE PRECEDING LIMITATION, YOU AGREE THAT SUCH LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF ACTUAL DAMAGES OR $500.
X. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ETP, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THIS SITE, OR ANY COMMUNICATIONS YOU SUBMIT.
XI. PRIVACY POLICY
Please review ETP’s Privacy Policy for information on ETP’s privacy practices with respect to the Site.
XII. NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site, please provide ETP’s Copyright Agent (set forth below) a written notice (“Notice”) containing the following elements:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringed and which you request be removed, deleted, or disabled;
• A description of where the material that you claim is infringing is located on the Site;
• Information sufficient to permit ETP to contact you, such as your physical address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ETP’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Ms. Janet M. Harvey Managing Member End Times Productions, LLC P.O. Box 1293 Freeland, WA 98249-1293 By telephone: (360) 331-7907 By facsimile: (360) 343-0699 By email: janet.harvey@whidbey.com
The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. No other inquiries directed to the Copyright Agent will receive a response.
XIII. CHILDREN’S PRIVACY
ETP IS COMMITTED TO PROTECTING THE PRIVACY OF CHILDREN. THE SITE IS NOT INTENDED OR DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13. ETP DOES NOT COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM ANY PERSON ACUTALLY KNOWN BY ETP TO BE A CHILD UNDER THE AGE OF 13.
XIV. MISCELLANEOUS
This Site is controlled and operated by ETP from its offices in Freeland, Washington. This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to any conflict of laws provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Washington, County of Island. These Terms are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by ETP in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by ETP must be embodied in a written document signed by ETP. You agree that any claim or cause of action you may have with respect to your use of this Site, the Contents, or the information contained therein must be commenced within one year after the claim or cause of action arises.
