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Terms of Use

Ownership of Website

These Terms and Conditions of Use ("Terms") apply to the Mama Bear Productions website (“Website”). The Website is the property of Mama Bear Productions. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEBSITE.

Agreement to Terms

Mama Bear Productions reserves the right to modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website will mean that you accept and agree to the changes.

Ownership of Content

All text, graphics, photographs, logos, files, music, artwork and computer code ("Content"), including but not limited to the design, delivery and arrangement of such Content, contained on the Website is owned by Mama Bear Productions, and is protected by copyright, trademark and intellectual property laws. Content supplied by individual users are owned by the respective users.

Acquisition or Reproduction of Content

No part of the Website and no Content may be copied, reproduced, transferred, republished or distributed in any way, through any automatic or manual methodologies, without the express prior written consent of Mama Bear Productions, except in accordance with these Terms.

Malicious Use Of the Website

You may not attempt, through any automatic or manual methodologies, to gain unauthorized access to or interfere with the proper functions of the Website, or any portion of the Website by hacking, forging headers, injecting scripts, password “fishing” or any other illegitimate means. You may not use the Website or any Content for any purpose that is unlawful or other activity which infringes the rights of Mama Bear Productions its users or others.

Accounts, Passwords and Security

Certain features or services offered through the Website may require you to register for a user account. You are entirely responsible for maintaining the confidentiality of your user account information, including your password. You agree to notify Mama Bear Productions immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Mama Bear Productions or any other user of or visitor to the Website due to someone else using your Mama Bear Productions ID, password or account. You may not use anyone else’s Mama Bear Productions user account at any time without the express permission and consent of said user.

Privacy

Mama Bear Productions' Privacy Policy applies to use of this Website, and its terms are made a part of these Terms by this reference. By using the Website, you acknowledge that Internet transmissions are never completely private or secure.

Purchasing Products

The Website sells digital products ("Products") to end user customers only. All sales are final. All payments are made through PayPal. We do not collect or store any credit card or bank account information. You agree that completing an order through the website authorizes your credit card to be billed by PayPal. We will only charge tax, based on your billing address, in states where digital goods are taxable. All products are available for download through your user account on the Website, and said products are available to download 5 times. By purchasing a product, you agree to abide by any terms related to the use of the product as set forth by the individual merchant on the product page.

Selling Products

By uploading Product(s) for sale through the Website, you agree that you have legal right to publish, sell and distribute the Product(s) and that no other party has claim to the Product(s). Mama Bear Productions assumes no responsibility for damage or loss in connection with the ownership, sale or distribution of any Product(s). You acknowledge that Mama Bear Productions may remove any Product(s) at any time, without notice, in order to comply with any law or court order, or to protect the rights, property or personal safety of users of the Website or Mama Bear Productions, its officers, employees, and affiliates.

Links to Other Websites

This Website may contain links to other independent third-party Websites ("Links"). These Links are provided solely as a convenience to our visitors. You acknowledge that such Links are not under the control of Mama Bear Productions, and Mama Bear Productions is not responsible for their content.

Disclaimers

THIS WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. MAMA BEAR PRODUCTIONS DOES NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT YOUR USE OF THE SITE WILL BE UNININTERRUPTED OR PROVIDE SPECIFIC RESULTS. YOU ASSUME ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE WEBSITE. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MAMA BEAR PRODUCTIONS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER MALICIOUS CONTENT. IN NO EVENT SHALL MAMA BEAR PRODUCTIONS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE WEBSITE. MAMA BEAR PRODUCTIONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST MAMA BEAR PRODUCTIONS FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

Termination of Service

You agree that Mama Bear Productions reserves the right to terminate, modify, interrupt operation of the Website, or any portion thereof, for any reason whatsoever. You agree that Mama Bear Productions will not be liable to you, or to any third party, for termination of operation of the Website.

Termination of Access

You agree that Mama Bear Productions reserves the right to terminate your access to the Website, or any portion thereof, for any reason whatsoever. You agree that Mama Bear Productions will not be liable to you, or to any third party, for termination of your access to the Website.

Limitation of Liability

Except where prohibited by law, in no event will Mama Bear Productions be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits.

Indemnity

You agree to indemnify and hold harmless Mama Bear Productions, its officers, employees, and affiliates, from any demands, loss, liability, claims or expenses, including attorneys’ fees, made against Mama Bear Productions by any third party in connection with your use of the Website.

Disclosure of Information

You agree that Mama Bear Productions may preserve any information regarding you, your identity, your user account, or other information about you obtained through the Website, and may also disclose said information if required to do so by law or to protect the rights, property or personal safety of users of the Website or Mama Bear Productions, its officers, employees, and affiliates.

Violation of Terms

You agree that Mama Bear Productions may, without prior notice, terminate your access to the Website if we determine that you have violated these Terms. You also agree that any violation by you of these Terms will constitute an unlawful practice, and you consent to Mama Bear Productions seeking compensation for damage or loss as appropriate, in addition to any other remedies Mama Bear Productions may have according to law. If Mama Bear Productions does take any legal action against you as a result of your violation of these Terms, Mama Bear Productions will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other compensation granted to Mama Bear Productions.

Governing Law

All disputes will be governed by the laws of the United States and by the laws of the State of New York.

Dispute Resolution

In the event of any dispute between Mama Bear Productions and you arises in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then the parties shall be free to pursue any and all rights or remedies available to them under applicable law.

Severability

If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and such provision shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.

Entire Agreement

These Terms constitute the entire agreement between you and Mama Bear Productions

Waiver

If one party waives any term or provision of these Terms at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.

The information contained in these Terms and on the Website is subject to change without notice.

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