Terms of Use
Effective as of December 2024
Welcome to our website. PLEASE READ THE FOLLOWING TERMS OF USE (“TOU”) BEFORE DOWNLOADING AND/OR USING THE WEBSITE FOUND AT WILLSMITH.COM OR ANY OTHER ONLINE PROPERTIES CONTROLLED OR OPERATED BY ITS OWNER (such owner “us,” “we,” or “our”) (such properties referenced collectively herein as the “Site”). YOUR USE OF THE SITE IS SUBJECT AT ALL TIMES TO YOUR AGREEMENT WITH THIS TOU. BY ACCESSING, DOWNLOADING, AND/OR USING THE SITE, YOU AGREE TO BE BOUND BY THIS TOU. IF YOU DO NOT ACCEPT THIS TOU, DO NOT USE THE SITE.
1. LICENSE GRANT.
This TOU provides to an individual user (identified herein as “you” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and non-sublicensable license to use the Site on a single mobile or computer device that is owned or otherwise controlled by you.
2. LICENSE GRANT RESTRICTIONS.
This TOU provides only a license and not an assignment or sale. This TOU transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, we reserve all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site or any content or other material on or available through the Site. In addition, you shall not enter any contractual relationship or other legally binding obligation with any third party or person that shall have the purpose or effect of encumbering us or the use of the Site.
3. USER OBLIGATIONS.
You agree to abide by all applicable local, state, national, and international laws and regulations (including traffic laws) with respect to your use of the Site. By using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will always provide true, accurate, current, and complete information when submitting information or materials to or through the Site. If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you acknowledge and agree that this TOU provides only a single license to use the Site to an individual person (and that additional individuals from the same entity will need to separately agree to this TOU).
4. ACCOUNT.
Registration for access to and use of certain areas or functionality of the Site may require access credentials, such as an email address, username, or password, or adherence to other particular access requirements that we may designate from time to time. You hereby agree to consider and maintain your access credentials as confidential information. You shall immediately notify us if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. We reserve the right at our discretion to disable any username, password, or other identifier if you have violated any provision of this TOU.
5. FEES, PAYMENT, AND BILLING. The Site may provide products, services, tickets, subscriptions, or other items that can be purchased for a fee. You are solely responsible for any charges incurred through your account and any activities conducted through your account. You represent and warrant that: (i) the payment information supplied to is true, correct, and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) charges incurred by you will be honored by your payment company, and (iv) you will pay charges incurred at the posted prices, including all applicable taxes and fees, if any. By using a current, valid, accepted method of payment to pay for any services through the Site, you expressly authorize us to charge all fees and other costs incurred in connection with the Site to the accepted method of payment. We reserve the right at any time to change the fees or costs for use of the billable services available through the Site. We reserve the right to deactivate your access to billable portions of the Site for failure to pay applicable fees. Unless otherwise stated, all fees are stated in U.S. Dollars.
6. PROPRIETARY RIGHTS.
The Site is owned by us, its owners, and/or its licensor(s) and all graphics, logos, trademarks, images, service marks, text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by us or our licensors, and shall remain our property or that of our licensors. Other services, products, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.
7. PRIVACY POLICY.
Please see our Privacy Policy for a summary of our personally identifiable information collection and use practices.
8. LINKS TO THIRD-PARTY SITES; OTHER TERMS AND CONDITIONS.
The Site may connect to certain third-party websites, advertisements, or online networks (collectively, “Third-Party Sites”). All Third-Party Sites are owned, controlled, and/or maintained solely by third parties over whom we exercise no control. These links do not imply an endorsement with respect to any Third-Party Site(s) or the information, products, or services provided by any Third-Party Site(s) unless we expressly state otherwise. You agree to review the applicable terms, conditions, or notices governing use of these Third-Party Sites and to abide by such terms, as applicable. Your correspondence or any other dealings (including any transactions) with third parties found through any Third-Party Site(s) is solely between you and such third party. Additionally, other notices, terms, and conditions may apply to subscription arrangements, the purchase of books and other materials, or participation in a program or event made available or promoted via the Site. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and these additional notices, terms, and conditions, including such terms concerning use of a Third-Party Site, the latter terms shall control with respect to any applicable payment or participation.
9. DISCLAIMER.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. YOUR REMEDY FOR ANY FAILURE OF THE SITE TO PERFORM OR OPERATE IS CESSATION OF USE OF THE SITE. FOR ANY OTHER DAMAGE OR LIABILITY RELATED TO THE SITE WHATSOEVER, OUR TOTAL RESPONSIBILITY AND LIABILITY SHALL NOT EXCEED $10.
11. GOVERNING LAW.
Use of the Site constitutes agreement to enter transactions electronically. This TOU has been made in, and will be construed and enforced in accordance with, the laws of the State of California, as applied to agreements entered and completely performed in the State of California.
12. INJUNCTIVE RELIEF.
You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of our proprietary assets, will cause irreparable injury. Such injury would not be quantifiable in monetary damages and would be without an adequate remedy at law. You therefore agree that we shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that we post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to us to enforce any provision of this TOU.
13. TERM AND TERMINATION.
This TOU will take (and re-take) effect at the time you accept, download, or begin using, whichever is earliest, the Site. This TOU will terminate automatically if: (i) you fail to comply with this TOU; or (ii) you cease all use of the Site. Termination in such event(s) will be effective without notice. In addition, we, in our sole discretion, terminate this TOU or suspend the Site’s performance with or without notice to you for any reason. Upon termination of this TOU, all right(s) to use the Site shall immediately cease and you must promptly delete or destroy all copies of Site materials in your possession or control. The provisions concerning our proprietary rights, and those governing feedback, disclaimers (of warrant), limitations of liability, waiver and severability, and entire agreement, injunctive relief, and governing law, and those other provisions which by their nature are intended to survive termination of the Agreement, will survive the termination of this TOU for any reason.
14. WAIVER AND SEVERABILITY.
Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of this TOU shall continue in effect.
15. ENTIRE AGREEMENT.
Each party is an independent contractor. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between the parties with respect to your individual use of the Site. This TOU may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without our prior written consent. Please note that we reserve the right to change this TOU or the terms or conditions by or under which the Site and its offerings are extended to you by posting online or on the Site a revised TOU or by emailing notice thereof to you. In addition, we may add, modify, or delete any aspect, program, functionality, or feature of the Site. We reserve the right to change the terms and conditions of this TOU by posting a revised TOU and a corresponding announcement of the revised TOU, or by mailing and/or e-mailing notice thereof to you. Your continued use of the Site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the Site or this TOU. Accordingly, you are expected to review this TOU on a periodic basis if you continue to use the Site.
16. CONTACT INFORMATION.
Please contact info@willsmith.com if you have questions regarding the Site.
