Terms

Terms of Use

Effective: March 22, 2019

Welcome! Thank you for visiting our website and reviewing our Terms of Use (“Terms”). Overklok, Inc. d/b/a Cirak Studios (hereinafter, “we”, “our” or “us” or “Cirak Studios”) makes this website, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use, subject to these Terms. These Terms apply to cirak.com and all websites associated with the Cirak name and brand (“Site”). To fully understand how this Site works, please also read our Privacy Policy.

PLEASE READ THESE TERMS BEFORE USING THE SITE BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING, USING, OR DOWNLOADING IN ANY WAY ANY MATERIALS FROM THIS SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS. THESE TERMS – AND ANY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN THE SITE – APPLY TO YOU.

We reserve the right to change these Terms at any time, without any prior notice to you or any Site visitor. Any updates to the Terms will apply to you prospectively, so you should check back each time you return to the Site for any updates.

We provide Materials on the Site for general informational purposes only, and these are not intended or implied to serve as medical or therapeutic advice, diagnosis or treatment. You should not use this information to diagnose or treat any health issues, illnesses or diseases. The Site is not providing any medical or therapeutic advice. If you have or suspect you have a health or medical problem, you should consult with your doctor or therapist.

Cirak Studios and our affiliates and businesses neither endorse nor are responsible for the accuracy and reliability of any products, services, events, opinions, advice, or statements made on the Site by anyone other than an authorized Cirak Studios representative while acting in their official capacity.

While you can browse the Site without creating an account, certain services may only be used if you have created an account profile. In creating an account, you must provide us with accurate and complete registration information, as prompted in the registration form. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may terminate your right to use the Site.

As part of the registration process and setting up an account, you will provide an email address and password to access the Site. You are responsible for maintaining the security and confidentiality of your username and password. You must notify us immediately if you believe an unauthorized person has obtained your password or accessed your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your account.

We are pleased to enable you and others to share comments and other information with the community. In doing so, however, you are responsible for all content posted and activity that occurs under your account (collectively, “User Content”). By posting User Content, you:

  • Promise that you have the right to allow such User Content to be posted;
  • Grant us a perpetual, worldwide, royalty-free, transferable, sub-licensable, right to use and share User Content in any manner and for any purpose in any and all formats and technologies;
  • Agree that User Content is subject to being changed, rejected, or deleted at any time without notice or explanation to you;
  • Agree that we are free to use any information contained in User Content you send to the Site or to us, without compensation of any kind; and
  • Irrevocably waive any claims based on moral rights, if any. User Content will be treated as non-confidential and will not be returned to you.

You also agree that we have no obligation to examine or enforce any intellectual property rights in or to your User Content

You must be 18 years or older to use the Site. In using the Site, you agree to (a) keep intact all trademark, copyright, and other proprietary notices; (b) not use the Materials in a manner that suggests an association with any of our products, services or brands; and (c) make no modifications to the Materials.

You agree to use the Site only for lawful purposes. Unacceptable uses of the Site include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Site or any other computer network; (vii) disseminating or transmitting viruses, spyware, adware, or any other malicious or invasive code or program; or (viii) engaging in any other activity we deem to be inconsistent with the spirit or intent of this Site.

Site Materials and Non-Commercial Use

We grant you a license to view and use the Materials subject to these Terms. Unless otherwise specified, the Materials on this Site are for your individual personal and non-commercial use. You may not sell or modify the Materials or reproduce, transfer, upload, post, display publicly, or otherwise use the Materials in any way other than as permitted by US copyright law or these Terms. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from us.

We or our affiliates own, control or license the Materials available on the Site, and the Materials on the Site are protected from unauthorized use, copying and dissemination by US and international intellectual property laws. Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or Materials on the Site is strictly prohibited, unless we have provided you with our prior written permission.

You may create a plain text hyperlink to the pages of our Site provided that neither you nor the link portrays us or any of our products and services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with us. We may revoke this permission at any time for any reason upon notice to you. You may not “frame,” inline link, or similarly display any of our content or property, including, without limitation, the Site. You may not use any of our trademarks as part of the link without our express written permission.

DMCA Copyright Policy and Copyright Agent:

We respect the intellectual property rights of others and expect our users to do the same. We may remove User Content that in our sole discretion appears to infringe the copyrights of others. In addition, in our sole and absolute discretion, may terminate the accounts of users who infringe the copyrights of others. If you believe that a user of the Site has infringed your copyrights, please notify our Copyright Agent, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) an identification of the copyright claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright’s owner, its agent, or the law; and, (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyrights involved. Our Copyright Agent can be reached at the information listed in the How to Contact Us section.

Copyright and Trademark Policy:

All information provided by Cirak Studios (“Information”), is proprietary information owned by Cirak Studios and is protected by U.S. copyright law. Reproduction of the Information, in whole or in part, by any means is prohibited without the express written consent of Cirak Studios.  “Chris Cirak™” and “Be You™” are trademarks (“Trademarks”) of Cirak Studios. Cirak Studios prohibits any use of, or reference to, the Trademarks in all types of advertising and sales collateral, in any and all types of media, without the written consent of Cirak Studios.

This Site may link you to other sites on the Internet. We do not control or endorse these linked websites, nor review or approve the content that appears on the linked websites. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the linked websites.

We provide the site on an “as is”, “as available” and “with all faults” basis to the fullest extent permissible by law. We, and our corporate parent, subsidiaries, and affiliates, and each of their employees, directors, officers, managers, members, shareholders, agents, representatives, attorneys, vendors, and contractors (collectively, the “Cirak Parties”) do not represent or warrant or endorse, expressly or implicitly, that the site or its use: (i) will be uninterrupted, (ii) will be free of defects, inaccuracies or errors, (iii) will operate in the configuration or with other hardware or software you use, (iv) that defects will be corrected, (v) that the site or the server that makes the site available will be free from any harmful components, such as viruses or other malware, or (vi) that the information on the site is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. We make no warranties other than those made expressly in these terms, and hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose and merchantability.

Under no circumstances will we be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) for any loss or damages of any kind that are directly or indirectly related to the Site, its performance, the Materials, User Content; any errors or omission in the Site; any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if we have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will we or our affiliates be liable to you or anyone else for loss, damage or injury. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will our and our affiliates’ total liability to you for all damages, loss, or causes of action, if any, exceed ten United States dollars.

If any controversy, allegation or claim arises out of or relates to the Site, the Materials, your use of the Site, and these Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. If we do not have a current address for you, then we have no obligation under this section. Your notice to us must be sent to us at the contact info listed in the “How to Contact Us” section below. For a period of sixty days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable.

All disputes arising out of or relating these Terms or your use of the Site and unresolved via dialog will be exclusively resolved under confidential binding arbitration held in Los Angeles County, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the following paragraph.

Except to the extent that mediation is required, any action or proceeding relating to any dispute may only be instituted in federal court in Los Angeles County, California. Accordingly you and we consent to the exclusive personal jurisdiction and venue of such courts for such matters.

Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles County, California to enforce these Terms or to prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and duties under these Terms to any party at any time without notice to you. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.

These Terms will be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the sites, will be in Los Angeles County, California, and you hereby consent and submit to the exclusive personal jurisdiction and venue in Los Angeles County, California.

For questions or concerns about our Terms of Use, please email us at info@cirak.com or write us at:

Cirak Studios
Attention: Terms
3705 W Pico Blvd #712
Los Angeles, CA 90019-3451

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