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1.WELCOME TO THEOTHERSIDE.COM
This website theotherside.com (Website) is the responsibility of Joan Valentine Productions, LLC (JVP). To use this Website you must be more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use to abide by and comply therewith with these Terms of Service. If you are not yet 18 but over the age of 13, please ask for your parents permission to use this Website. This Website is not intended for children under 13. If you are under 13 years of age, then please do not use this website.

Materials displayed on the Website are protected by trademark, copyright, other intellectual property laws, and statutory and common laws. Use of this Website is subject to your compliance with the terms set forth below. If you do not wish to be bound by the terms, you may not use the Web Site. By using this Web Site, you agree to be bound by the terms of this Terms of Use and the terms of JVP Privacy Policy which are published at www.theotherside.com and www.theotherside.com , respectively, and incorporated herein by this reference (collectively JVP Policies).

2. ACCESS AND REGISTRATION
JVP offers access to its Website free of charge to visitors who agree to comply with JVP Policies. The use of the Website is permitted solely for personal, noncommercial use. The Content (as defined below) on the Website is provided to you AS IS for your information and personal use only. You may not copy or distribute any part of the Website and its Content in any medium without JVPs prior written consent. You also agree not to alter or modify any part of the Website. You may download or print a copy of the Content for personal use, but you must retain all copyright and other proprietary notices contained therein.

Those visitors who wish to become JVP members and utilize certain functions of the Website such as the comments, ratings, selecting favorites, creating user profiles, forums and submitting research, information and products must register by filling out a membership registration page. When registering, you must provide accurate and complete information. JVP utilizes commercially reasonable measures to protect security of personal information provided by its members, but cannot warrant that such information may be accesses, altered, disclosed or destroyed through human error or security breach.

You are responsible for maintaining the confidentiality of the password that allows access to your account, as you are responsible for all activity that occurs under your password. JVP is not liable for your losses caused by unauthorized use of your account. You may terminate your account at any time for any reason. You must notify JVP of any unauthorized use of your password and account.

3. INTELLECTUAL PROPERTY
All content (other than advertising) that appears on or used in connection with the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks and logos (“Content”) is owned by or licensed to JVP. This Content is subject to and is protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. JVP reserves all rights not expressly granted in and to the Website and the Content.

4. EDITORIAL CONTROL
While JVP seeks to promote active dialogue among its members, JVP retains complete editorial control over all Content appearing on the Website and reserves the right to edit, block, or remove any comments posted by the members.

5. LIMITATIONS OF USE.
You agree not to use or launch in connection with the Website any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and similar. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website. You agree not to circumvent, disable or otherwise interfere with any JVP security related features.

Notwithstanding the foregoing, JVP grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. JVP reserves the right to revoke these exceptions either generally or in specific cases.

6.MEMBER SUBMISSIONS AND COMMENTS.
Only registered members may post comments, rate or select favorites and submit research, information or products to JVP. By posting a comment, a member grants JVP the right to publish and/or disseminate such comment and waives any confidentiality with respect to such posted comment or communication.
Members who wish to submit a research, information or products for JVPs review, must expressly agree to the terms of JVP Submission Policy published at www.theotherside.com. JVP reserves the right to at its complete discretion decline to review any film submitted by a member.
JVP reserves the right to block the use of the Website by members who violate JVP Policies or whose use of the Website JVP at its absolute discretion finds disruptive. A member may be blocked if he or she posts repeated comments with the intention of disrupting the flow of dialogue.

7.HYPERLINKED WEBSITES.
The Website may include hyperlinks that may be used to jump to the web site of a third party. ServiceBeyond.com has no control over the materials included in any hyperlinked web site and does not warrant in any way the information included in or the products or services sold through such a web site.

8.INTERRUPTION OF SERVICE
Due to power interruptions, “down time” or other factors beyond JVP’s control, or due to any computer, software or other malfunction, JVP cannot and does not guarantee that the Website will always be available.

9. COPYRIGHT INFRINGEMENT
JVP does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove allegedly infringing Content if properly notified that such Content infringes on another’s intellectual property rights. JVP reserves the right to remove Content without prior notice.

If you are a copyright owner or an agent thereof and believe that any Content published on the Website infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
JVP’s designated Copyright Agent to receive notifications of claimed infringement is: Tami Averna, 30765 Pacific Coast Highway, Suite 352, Malibu, California 90265; telephone 310-633-1910, email: tami@theotherside.com .

10.DISCLAIMER OF LIABILITY.
JVP uses reasonable commercial efforts to prevent any spyware, viruses, worms, Trojan horses, or other code that may infect a user computer, but it cannot guarantee that its securities measures will not be breached, sand you agree that JVP shall not be responsible for any damages caused to you by such viruses. Because of the possibility of human and mechanical error as well as other factors, you agree that JVP is not responsible for any errors in or omissions from the information contained in or accessed through this Web Site or services provided by others as a result of usage of this Web Site. All such information and services are provided “as is” without warranty of any kind. JVP MAKES NO REPRESENTATIONS WITH REGARD TO SUCH INFORMATION AND SERVICES, THE WEBSITE, AND SERVICES PROVIDED BY OTHERS AS A RESULT OF USE OF THIS WEBSITE, AND DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO THE YOU OR TO ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TIMELINESS, NON-INFRINGEMENT, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. You agree that JVP shall have no liability in tort, contract or otherwise to you or any third party due to use of the information or services provided in or as a result of usage of this Website.

You further agree that JVP shall under no circumstance be liable to you or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, indirect or punitive damages whatsoever arising out of use or the inability to use the JVP Website and services, or the services of others provided as a result of use of the Website, even if JVP has been advised of the possibility of such damages, or any claims based upon the accuracy or inaccuracy of the information available through the Website. If you must rely upon information found in this Website, you should independently verify its accuracy.

11. INDEMNITY
You agree to indemnify, save and hold harmless JVP and its officers, directors, members, employees, agents, attorneys, subsidiaries, parent corporations, affiliated entities, shareholders, representatives, heirs, predecessors, beneficiaries, trustees, partners, joint venturers, successors and assigns (collectively, “Associated Entities and Persons”) from and against any and all losses, liabilities, obligations, damages, costs and expenses, whether known, unknown, contingent or inchoate, of any nature whatsoever, including, without limitation, actual attorneys’ fees, court costs and other expenses incurred by JVP and its Associated Entities and Persons and shall defend JVP and its Associated Entities and Persons against any and all actions, causes of action, claims, demands, rights, suits, and proceedings brought against JVP or its Associated Entities and Persons, in connection with or as a result of, any violation of this Agreement, use or the inability to use the Website or JVP’s services, services provided by third parties, or any claims based upon the accuracy or inaccuracy of the information available through the Website.

12.GENERAL TERMS:
JVP Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JVP.
JVP shall be deemed solely based in California; and the Website shall be deemed a passive website that does not give rise to personal jurisdiction over JVP, either specific or general, in jurisdictions other than California. JVP Policies shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and JVP that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Policy at www.theotherside.com, Submission Policy at www.theotherside.com and any other legal notices published by JVP on the Website, shall constitute the entire agreement between you and JVP concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and JVP’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. JVP reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND JVP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The Website is controlled and offered by JVP from its facilities in the United States of America. JVP makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

© 2012 The Other Side | Nourish your mind, body and spirit.
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