Terms of Use
Updated May 4, 2024

Welcome to The 1 Train LLC site (the “Site”). Thank you for visiting.

 

It is important to us that you and our other visitors have the best possible experience while using this Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

 

Your Acceptance of Terms

If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms.

 

Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of these areas. Such additional terms will not change or replace these Terms of Use regardless of this Site, unless otherwise expressly stated.

 

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.  

 

How To Contact Us 

This Site is controlled by The 1 Train LLC located at 575 Jericho Turnpike Suite 307, Jericho, NY 11753. Please forward any comments or complaints about the Site to The1TrainCollective@1traincollective.com.

 

Your Registration To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at The 1 Train LLC believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.

 

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).  

 

Online Privacy Notice 

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. To review this notice, which forms part of these Terms of Use, please go see our Privacy Policy. 

 

This Site and materials incorporated by The 1 Train LLC on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by The 1 Train LLC on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by The 1 Train LLC ("Trademarks"). The 1 Train LLC respects the intellectual property rights of others and asks users of this Site to do the same.  

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Transactions

All transactions are final. No refunds will be issued.

 

Your Use of Material 

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. You may access and display Material and all other content displayed on this Site for noncommercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by The 1 Train LLC. Any authorization to copy Material granted by The 1 Train LLC in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.  

 

Disclaimer of Warranties 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND THE 1 TRAIN LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE 1 TRAIN LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE 1 TRAIN LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE 1 TRAIN LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE NAME IMAGE LIKENESS LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  

 

Limitation of Liability 

THE 1 TRAIN LLC DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE 1 TRAIN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE 1 TRAIN LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.   

 

Submissions, Postings and E-mails 

THE 1 TRAIN LLC is interested in hearing from you regarding your questions or comments about our Site. However, The 1 Train LLC does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions of any member of The 1 Train LLC.   

 

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.  

 

In any event, any material you send to us will not be treated as confidential.   Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by The 1 Train LLC) or privately transmitted on or through this Site are the sole responsibility of the sender, not The 1 Train LLC, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.  

 

We at The 1 TrainLLC require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:   

 

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; 

(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content; 

(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; 

(d) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; 

(e) violates any law or may be considered to violate any law; 

(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); 

(g) advocates or promotes illegal activity;

(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; 

(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site; 

(j) solicits funds, advertisers or sponsors; 

(k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications; 

(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site; 

(m) copies any other pages or images on this Site except with appropriate authority; 

(n) includes MP3 format files; 

(o) amounts to a 'pyramid' or similar scheme; 

(p) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; 

(q) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or 

(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.   

 

System Abuse 

Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.   

 

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.   

 

Security 

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). The 1 Train LLC shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that The 1 Train LLC considers insecure, The 1 Train LLC will be entitled to require this to be changed and/or terminate your account.   

 

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, The 1 Train LLC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.   

 

Investigations 

The 1 Train LLC reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or emails you make.. The 1 Train LLC may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. The 1 Train LLC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If The 1 Train LLC believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The 1 Train LLC will fully cooperate with any law enforcement authorities or court order requesting or directing The 1 Train LLC. The 1 Train LLC to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. 

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE 1 TRAIN LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE 1 TRAIN LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE 1 TRAIN  LLC OR LAW ENFORCEMENT AUTHORITIES.  

 

Service 

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).   

 

The 1 Train LLC reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.   

 

Local Regulations 

The 1 Train LLC makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. 

 

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.  

 

Indemnity 

You agree to indemnify and hold harmless The 1 Train LLC and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto The 1 Train LLC's servers, and/or from any and all use of your account.   

 

Our Use of Content 

The 1 Train LLC will consider anything you provide to The 1 Train LLC and/or contribute to this Site as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see 'Submissions, Postings and E-mails' above), in which event those Additional Terms will determine how we will treat your Invited Submissions.   Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to The 1 Train LLC ("User Content"), you automatically and irrevocably: 

 

(a) grant and assign to The 1 Train LLC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by The 1 Train LLC and/or by any person authorized by The 1 Train LLC, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; 

 

(b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; 

 

(c) appoint The 1 Train LLC as your agent with full power to enter into any document and/or do any act The 1 Train LLC may consider appropriate to confirm the grant and assignment, consent and waiver set out above; 

 

(d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; 

 

(e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that The 1 Train LLC shall not be liable for any use or disclosure of such User Content.   

 

Third-Party Sites 

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of The 1 Train LLC, and you acknowledge that (whether or not such sites are affiliated in any way with The 1 Train LLC) The 1 Train LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by The 1 Train LLC or any association with its operators.   

 

The 1 Train LLC cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from The 1 Train LLC since other shop channels are owned and operated by independent retailers. The 1 Train LLC does not endorse any of the merchandise, nor has The 1 Train LLC taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. The 1 Train LLC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.   

 

Proprietary Online Services 

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.   

 

Jurisdictional Issues 

The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates.   

 

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York.   

 

Any dispute of any kind between you and any member of the The 1 Train LLC arising under these Terms of Use shall be resolved by binding arbitration in Jericho, New York, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the entertainment industry and shall follow New York law in adjudicating the dispute.   

 

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.