TERMS OF USE

By visiting www.internetmarketingforfilmmakers.com (the "Site") you signify your agreement to the Terms of Use of Lightwheel Entertainment, Inc. (“Lightwheel”). If you do not wish to be bound by these terms of use, please do not use, visit or browse the Site.

Applicability

The Site is controlled and owned by Lightwheel and is intended to be useful and entertaining to its users as well as to promote certain projects, motion pictures, products and programs. The Site is controlled and run by Lightwheel from its offices in the State of California. We make no representation that the materials and content of this site are appropriate or available for use outside the United States. Visitors from outside the United States are responsible for compliance with all applicable local laws.

Intellectual Property

All content and materials featured on this site are protected by copyrights, trademarks, service marks, trade secrets and/or other proprietary laws. All word marks, names, texts, logos, trademarks, service marks, copyrights, images, button icons, digital downloads, clips, photographs, illustrations, biographies, synopses (collectively "IP Materials") are either owned by Lightwheel or licensed to Lightwheel. The compilation of all the content on the Site is the exclusive property of Lightwheel or its content providers and is protected by US and international copyright laws. All software used on this site is the exclusive property of Lightwheel or its software providers and is protected by U.S. and international copyright laws. “Lightwheel Entertainment,” “Internet Marketing for Filmmakers,” "Indie Film Launch Formula," "Indie Film Insiders Online Marketing Club" and other marks appearing on Lightwheel's website are copyrights and/or trademarks owned by or licensed to Lightwheel. The IP Materials may not be used on any other products or in any manner without express written consent.

Notwithstanding the foregoing, you may view and use one copy of the material on Lightwheel's website on any single computer for your personal and non-commercial purposes only provided that you keep all copyright and other proprietary notices intact. You may not disseminate, reproduce or modify the IP Materials without the express consent of the intellectual property rights owners. If you want to reproduce the materials for commercial purposes, contact Lightwheel to negotiate a license. You may not attempt to circumvent the security, modify or change any of the content on Lightwheel's website.

Third-Party Website Links

The Site may provide links to related and independent third-party websites for your convenience, including websites run by Lightwheel's affiliates and sponsors. Lightwheel is not in control of nor responsible for the content and material featured on any third-party website. Lightwheel does not review the content of the third-party websites and the inclusion of a link does not imply endorsement of the website. You access other sites at your own risk and you should review their Terms of Use and Privacy Policies.

Membership Plans & Your Account

Any information provided will be bound by the Lightwheel's Privacy Policy which is incorporated herein by reference. Please review the Privacy Policy.

Lifetime Membership - Lightwheel offers a membership subscription to receive lifetime access to the section of the Site called "Indie Film Launch Formula" (the "Course"). You agree to pay all subscription fees and any other charges incurred under your account (including any applicable taxes) at the rates in effect when the charges were incurred. For your convenience, all fees will be billed to the credit card provided when you registered (or to a different credit card if you change your account information) in accordance with your subscription and subsequent product orders.

Monthly Membership - Membership in the section of the Site called "Indie Film Insiders Online Marketing Club" (the "Club") includes access to the Site's Monthly content, including the Forums and other services. Term is month-to-month and is automatically renewed unless cancelled.

Monthly and Lifetime Combined Membership - Lightwheel also offers a membership subscription that includes a flat-fee payment for lifetime access to the Course plus a monthly membership fee for access to the Club. The terms for this combined membership will be the same as for the individual memberships in the Club and the Course separately, as defined above. References to "the Site" will include by definition both the Club and the Course.

Returns/Refunds

If you are not completely satisfied with your purchase of the Course, within 60 days of purchase you may ask for a full refund.

Cancellation - To cancel service in any of the Membership Plans listed above, send an email to customercare@internetmarketingforfilmmakers.com with the subject line "CANCEL MEMBERSHIP." You may terminate service at any time without paying any early termination fee.

Even if you cancel service, you must pay all service and usage charges incurred prior to cancellation.

Members of the Club who terminate before the end of their 30-day billing cycle will be charged for the entire cycle without pro ration. In other words, there are NO PARTIAL CYCLE REFUNDS. Applicable taxes, assessments and other fees and charges are additional.

Any member who has also registered with Lightwheel's affiliate program, and who chooses to cancel his or her Lifetime Membership in the Course prior to the expiration of the 60-day Returns/Refunds period, will be entitled to a full refund as set forth in the Returns/Refunds section of these Terms of Use; except that, if the cancelling member has been paid an affiliate fee for his or her own membership, the amount of that fee will be deducted from the applicable refund.

Lightwheel may terminate a member's account at any time for non-payment or for violation of the terms of this Agreement and Conditions of Use and Service.

Rejoining - It is at Lightwheel's sole discretion to allow a member who cancels membership to rejoin.

Promotions, Trial Offers and Special Discounts - From time to time, the Site may offer promotional discounts as incentives to join, in which case the amount a member pays for the first month or for monthly service may be less than stated above. We may also offer a trial period for a nominal amount prior to beginning a regular monthly subscription. In the event the Site does offer a free trial or nominal-fee trial, each customer (individual or business) is allowed ONLY ONE trial.

If you join the Site, you will be solely responsible to maintain and protect the confidentiality of your log-in and user information and to restrict access to your computer. You are responsible for all activity that occurs under your account and password and cannot sell, transfer or assign your membership or any membership rights. If you believe someone accessed the Site using your user name and password without your authorization, please notify us immediately at info@internetmarketingforfilmmakers.com.

Questions about your account and certain services will be handled by Lightwheel's outside customer support representatives. A session cookie will be placed on any computer from which you access Lightwheel's website so that when you revisit the website it will identify you as the user.

User Submissions, Conduct & Grant of Limited License

You will use Lightwheel's website and all of its contents for lawful purposes and at your own risk. You assume full responsibility and liability for all claims arising from your use. You agree that your access to any Lightwheel-sponsored areas (message boards, bulletin boards, chat rooms, surveys, etc.) and the like where visitors may post reviews, comments, upload, post or submit suggestions, ideas, notes, advice, concepts, techniques or other information will be lawful. You represent and warrant that you own or otherwise control all of the rights to the content you post, that the content is original, accurate and will not infringe, injure or violate any rights of any third party (person or entity) and that it will not be obscene, vulgar, offensive, pornographic, threatening, defamatory, invasive of privacy and further will be free of any software containing viruses, worms, Trojan horse(s), or other computer codes that may disrupt or corrupt Lightwheel's software or services, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam." You may not collect or store personal information regarding other users without their express permission. You will not impersonate any other person while using Lightwheel's website nor provide us with a false email address. Lightwheel reserves the right to monitor and remove content from its site without notice.

All submissions to Lightwheel will become the property of Lightwheel and may be used by Lightwheel and its affiliates without notice or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, modifying or improving Lightwheel's website and materials. By your submission you grant Lightwheel, its affiliates, community partners and assignees a royalty-free, perpetual, irrevocable, non-exclusive license to use such material for any type and kind of use whatsoever in any media now known or hereafter devised. Further, you authorize Lightwheel to use your name in connection with the material you provide.

Transactions

During your visit to Lightwheel's website you may elect to engage in a transaction involving the purchase of products, print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are handled by a third-party processing merchant vendor, agent, bank or distribution institution. While in most cases transactions are completed without difficulty, we cannot guarantee "perfect security" on the Internet or offline and we are not responsible for the success or security of transactions processed by third parties.

Information on the Site may change without notice and may contain inaccuracies or typographical errors including errors in prices. On occasion, a product or service may be offered on a first-come, first-served basis, may not be available at the time or at the price as it appears in an advertisement, and may change due to information received from our advertisers or suppliers. Lightwheel is not responsible for such errors or discrepancies.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF LIGHTWHEEL'S WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES PURCHASED VIA LIGHTWHEEL IS SOLEY AT YOUR OWN RISK. ALL MATERIALS, CONTENT, PRODUCTS AND SERVICES OFFERED AND PROVIDED BY LIGHTWHEEL VIA THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." LIGHTWHEEL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIGHTWHEEL, ITS MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COMMUNITY PARTNERS, FULFILLMENT COMPANY, VENDORS, LICENSEES NOR ANY PERSON/ENTITY INVOLVED WITH THE CREATION, PRODUCTION AND DISTRIBUTION OF THE SITE AND ITS PRODUCTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND LIGHTWHEEL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF THE SITE. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

LIGHTWHEEL DOES NOT ENDORSE ANY MATERIAL, INFORMATION, CONTENT OR OPINIONS INCLUDED AND/OR EXPRESSED BY THE USERS OF THE SITE ON ANY BULLETIN BOARDS, CHAT AREAS OR OTHER FORUMS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. LIGHTWHEEL RESERVES THE RIGHT TO, AT ITS SOLE DISCRETION, REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME ALTHOUGH LIGHTWHEEL IS UNDER NO OBLIGATION TO MONITOR OR REVIEW THE USER'S CONTENT.

THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.

Corrections

While we make every effort to ensure the accuracy of product and price information, errors do occasionally occur. We reserve the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause.

Prices

The prices on the site will not necessarily match prices in Lightwheel's catalogs or retail outlets. The prices on the site are valid only on the site and cannot be matched over the phone or in retail outlets. That means if the site has a promotion, that promotion can only be received on the site and will not be honored over the phone. Prices are subject to change at any time.

Limitation of Liability

LIGHTWHEEL, ITS MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES/COMMUNITY PARTNERS, VENDORS, ETC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR OTHER LINKED WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF LIGHTWHEEL HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE.

THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.

Indemnification

You will indemnify Lightwheel, its managers, officers, directors, shareholders, members, employees and assigns and its affiliated and subsidiary companies, affiliates, community partners, agents, vendors, licensees and each of its successors, licensees, heirs, and assignees of each from and against any and all claims, losses, damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including, without limitation, your placement or transmission of any content onto Lightwheel's servers and/or from any and all use of Lightwheel's website.

If we believe that at any time you have violated any of these Terms of Use we may terminate your access to Lightwheel's website.

Governing Laws

These terms of use shall be governed and construed by the laws of the State of California. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. Any disputes should first be brought to the attention of Lightwheel. If resolution is not reached, these may be submitted for arbitration in the State of California.

Changes

Please check the Terms of Use periodically for changes. The Terms are subject to change at any time without notice and your continued use of this site following the posting of any changes constitutes acceptance of the changes. The terms of the current version will supersede any prior versions.

Lightwheel's Terms of Use were updated on August 1, 2009.