1. Governing Terms. These Terms and Conditions of Sale, as may be changed, amended or modified from time to time, as provided herein (these “Terms”), shall govern and control the sale of all goods (the “Products”) by ACT Lighting, Inc. d/b/a ACT Entertainment and its applicable subsidiaries and affiliates (each a “Supplier”) to each purchaser (“Buyer”). Except as otherwise expressly set forth herein, all purchase orders of Buyer shall be subject to, and superseded by, these Terms. Supplier agrees to provide the Products to Buyer only in accordance with these Terms and not in accordance with any contrary terms found in a purchase order. Any language in Buyer’s purchase order, as applicable, or other writing or oral representation previously or hereafter received by Supplier purporting to amend, modify or replace these Terms with any different or additional terms is hereby expressly rejected and superseded by these Terms. SUPPLIER’S AGREEMENT TO PROVIDE THE PRODUCTS TO BUYER IS EXPRESSLY CONDITIONED ON BUYER’S ASSENT TO ALL OF THESE TERMS.
  2. All purchase orders of Buyer must be submitted to Supplier in writing and accepted by Supplier in writing in order to be valid and binding, which acceptance shall be conditioned upon Buyer’s written acknowledgement of these Terms by formal supply agreement or as set forth in the purchase order.
  3. Specifications; Changes. Supplier shall provide the Products in accordance with the specifications and requirements expressly set forth in Buyer’s purchase order, as accepted by Supplier (the “Specifications”). Any changes, modifications or amendments to the Specifications or any purchase order must be agreed to in writing by Supplier. If any change, modification or amendment to the Specifications or any purchase order causes an increase in the price of the Products or associated shipping charges, or affects the delivery schedule, then Supplier shall reflect such price increases on the applicable invoice and notify Buyer in writing of the new delivery schedule.
  4. Upon Supplier’s acceptance of a purchase order, Supplier shall provide Buyer with an approximate date of delivery. All delivery dates provided by Supplier are approximate and not binding upon Supplier; provided, however, that Supplier shall use its reasonable efforts to meet approximate delivery dates. Unless otherwise specified in a purchase order and agreed to in writing by Supplier, Buyer is responsible for all shipping and freight charges, and all Products shall be delivered by Supplier (i) to U.S. and Canadian addresses F.O.B. Supplier’s applicable facility, and (ii) to international addresses ex works Supplier’s applicable facility (subject to IncoTerms 2023, unless otherwise agreed in writing). Title to and risk of loss of the Products shall pass to Buyer upon Supplier’s tender of such Products to the applicable carrier. Partial deliveries shall be permitted.
  5. Supplier shall pack the Products for delivery in its usual and customary manner or as Supplier deems appropriate under the circumstances. If Buyer desires special packaging, Buyer must request the same from Supplier at least five (5) business days prior to the estimated shipping date. Any such special packaging shall be at Buyer’s sole cost, and Buyer agrees to promptly reimburse Supplier for any such costs expended by Supplier on Buyer’s behalf, which shall be invoiced to Buyer.
  6. Buyer agrees to inspect all shipments within five (5) business days of receipt for compliance with the terms of the applicable purchase order.  If Buyer does not notify Supplier of any under shipments or mis-shipments within such five (5) business day period, the shipment shall be deemed accepted, complete and in conformance with the terms of the applicable purchase order.
  7. All prices for the Products shall be quoted by Supplier to Buyer prior to acceptance of a purchase order by Supplier. All prices shall be in U.S. Dollars. Prices are subject to change in Supplier’s discretion. Except as specifically stated in Supplier’s price quote, any manufacturer’s tax, retailer’s occupation tax, use tax, sales tax, excise tax, value-added tax, duty, customs agent or broker fees, inspection or testing fee, freight costs, insurance, counselor fees, or any other tax, fee or charge of any nature whatsoever imposed on, in connection with or measured by any transaction between Supplier and the Buyer shall be invoiced as a separate line item and paid by the Buyer.
  8. Invoice and Payment Terms. Supplier shall invoice for the Products at the time of shipment, with the exception of orders picked up from Supplier’s facility, in which case invoices will be issued as of the date the order is packed. Payment of all invoices shall be due net thirty (30) days from the date of the invoice. Buyer shall be charged interest at the rate of 1.5 % per month, or the maximum rate allowable by law, for any past due invoices.
  9. Security Interest. Buyer acknowledges and agrees that these Terms shall constitute the Security Agreement between Buyer and Supplier required by the Uniform Commercial Code (“UCC”) of the state of Buyer’s principal office, and Buyer hereby agrees that it grants to Supplier a security interest in the Products, wherever located, and all proceeds thereof, to secure Buyer’s payment in full for the Products. Buyer hereby authorizes Supplier to execute any UCC financing statement, or any other document Supplier deems necessary or appropriate, to protect Supplier’s security interest in the Products.
  10. Buyer may not cancel any purchase order, except as may be agreed in writing by Supplier in each instance. In the event that Supplier approves cancellation of a purchase order, Buyer shall remain liable for payment for all finished Products and any work in process produced pursuant to such purchase order and all raw materials or components purchased for the production of Products pursuant to such purchase order.
  11. Delays; Force Majeure. Supplier shall not be liable to Buyer for any loss or damage due to delays in or failure of manufacture, shipment or delivery resulting from causes beyond Supplier’s reasonable control, including, without limitation, delays in shipping or transportation, equipment breakdowns, delays of manufacturers, suppliers, freight forwarders or customs forwarders, inability to obtain necessary labor, materials or facilities, accidents, actions or orders of governmental or civil authority, energy failures, acts of terrorism, war or civil unrest, fire, flood, hurricane or other acts of God, telecommunications, power and other infrastructure failures, epidemics and pandemics. Supplier shall promptly notify Buyer of any such occurrence and the estimated duration of delay.
  12. Confidentiality; Intellectual Property. Any sketches, models, samples, designs, prototypes, templates, plans, documentation, processes, techniques, methods and other proprietary information (collectively, “Proprietary Information”) of Supplier disclosed to Buyer shall remain the sole and exclusive property of Supplier, and Buyer agrees that it shall treat all such Proprietary Information as Supplier’s confidential information. Buyer shall not use or disclose any such Proprietary Information for any purpose without the prior express written consent of Supplier, in each instance. All right, title and interest in and to any Proprietary Information of Supplier and all intellectual property rights therein, whether or not capable of being patented or copyrighted, as well all intellectual property rights relating to the Products, including, but not limited to, any patents, trademarks, logos, symbols, taglines, copyrightable materials, trade secrets, and any developments, improvements or modifications to the Products, shall remain owned by and inure solely to the benefit of Supplier or its applicable licensors or suppliers. Buyer recognizes Supplier’s or its applicable third-party licensors’ or suppliers’ exclusive ownership of the trademarks, trade names, logos, symbols, taglines and other proprietary information related to the Products, as applicable, and agrees not to take any action inconsistent with such ownership. For the avoidance of doubt, nothing herein shall be construed as granting Buyer any right or license to use Supplier’s name, trademark(s), logo(s) or any other intellectual property in any way, including without limitation, on Buyer’s website or other materials to describe the relationship between Buyer and Supplier, without Supplier’s prior written approval in each instance.
  13. Data Protection. In the event that Buyer provides any personal information (including, without limitation, business contact information) to Supplier, all such information shall be processed by Supplier in accordance with all applicable laws, rules and regulations, including all laws concerning or related to data privacy and protection.
  14. Representations and Warranties; Warranty Disclaimer. Supplier represents to Buyer that all Products will be produced in facilities that comply with applicable child labor laws. Buyer acknowledges and agrees that the warranty for each particular Product is set forth on the applicable Product.  If no warranty is listed for a particular Product, please email Customer Service at customerservice@actentertainment.com for current warranty information.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, SUPPLIER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  15. Buyer agrees to indemnify, defend and hold Supplier and its parent, affiliates and subsidiaries, and each of their respective officers, directors, employees, agents, customers, successors and assigns (each an “Indemnitee”) harmless from and against any and all third-party claims, suits, actions, proceedings, losses, liabilities, damages, penalties, fines, judgments, costs and expenses (including reasonable attorneys’ fees and expenses, including any incurred in enforcement of this indemnity), resulting from (i) Buyer’s breach of these Terms; (ii) any sale, promotion, distribution or use of the Products by Buyer, including, without limitation, claims for product liability or strict liability; (iii) Buyer’s exercise of control over the manufacturing or assembly of the Products (as applicable), to the extent that Buyer’s instructions or directions violate applicable laws, rules or regulations; (iv) any claim that the manufacture or use of the Products infringes, misappropriates, or violates any intellectual property or other proprietary rights of any third party; or (v) Buyer’s (or any of Buyer’s agents’, employees’ or subcontractors’) negligence or intentionally wrongful acts or omissions. The Indemnitee shall provide prompt notice to Buyer of any claim subject to indemnification under this Section 14, provided that the Indemnitee’s failure to do so shall not relieve Buyer of any of its obligations hereunder, unless Buyer was materially prejudiced by such delay.  The Indemnitee shall have the right to participate in the defense or settlement of any such claim with counsel of its own choosing, at its own expense.  Buyer shall not agree to any settlement or compromise of any such claim without the Indemnitee’s prior written approval.
  16. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYER HEREBY ACKNOWLEDGES AND AGREES THAT SUPPLIER SHALL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, AND LOSS OF OR INABILITY TO USE ANY DATA. SUPPLIER’S MAXIMUM AGGREGATE LIABILITY TO BUYER FOR ANY CLAIM OR ACTION ARISING UNDER THESE TERMS SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY BUYER TO SUPPLIER UNDER THE APPLICABLE PURCHASE ORDER GIVING RISE TO THE CLAIM.
  17. California Proposition 65 Notice. Please note that certain Products sold by Supplier may contain a chemical known to the State of California to cause cancer, birth defects or other reproductive harm.
  18. Governing Law; Arbitration. Any controversy or claim arising out of or relating to these Terms or their interpretation shall be determined by binding arbitration conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be St. Louis, Missouri. These Terms shall be exclusively construed, applied and performed, according to the laws in effect in the State of Missouri, U.S.A. (including, if and when applicable, the Uniform Commercial Code as adopted in the state of Buyer’s principal office, and not the United Nations Convention on Contracts for the International Sale of Goods), without regard to the conflicts of laws provisions thereof. The language of arbitration shall be English. Judgment on any award rendered by the arbitrator may be entered by any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any state or federal court located in St. Louis, Missouri, and Buyer hereby irrevocably and unconditionally submits to the exclusive jurisdiction of such courts for such purposes, and waives any claim that such forum is inconvenient.
  19. English Language. The English version of these Terms shall be the only version, and shall govern and control any translation of the Terms into any other language.
  20. Import Licenses; Compliance with Law. Buyer shall obtain, at its sole cost and expense, any import licenses and governmental approvals that may be necessary to permit the sale of Products hereunder, comply with all Product and distribution registration requirements in all territories where it sells such Products and comply with any and all applicable laws, rules, regulations, and orders of the Buyer’s own jurisdiction or any jurisdiction of distribution or sale and of the U.S. Without limiting the foregoing, Buyer shall comply with all U.S. export (including the Treasury Department’s Office of Foreign Assets Control regulations, which prohibit U.S. persons transshipping products to embargoed countries), anti-boycott and foreign corrupt practice laws including, without limitation, the Foreign Corrupt Practices Act, Executive Order No. 13224, the USA Patriot Act and any regulations promulgated pursuant to the foregoing acts. At Supplier’s request, Buyer shall complete any forms or take other action that Supplier deems necessary for the parties to comply with applicable export laws in connection with these Terms. Buyer shall (i) prepare and file at its sole cost and expense all reports required by any governmental body in its territory, and (ii) pay all taxes and other similar charges imposed upon the Products.
  21. Entire Agreement. These Terms, together with any formal supply agreement and purchase order(s), constitute the entire agreement between the parties as to the sale(s) of Products between the parties and supersede all prior agreements, conditions or communications, written or oral, concerning such subject matter.  In case of a conflict in terms among the documents pertaining to the sale of Products to Buyer, the parties shall look first to the terms of their supply agreement/ distribution agreement, if one exists, then to these Terms, and then to the terms of the purchase order.
  22. Supplier reserves the right to change, amend or modify these Terms at any time and from time to time in its sole and absolute discretion, without notification to Buyer. Supplier’s posting of any amended or modified version of these Terms on this website, and Buyer’s purchase of Products thereafter, constitute Buyer’s consent to be bound by such changes, amendments or modifications. Invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. Failure of Supplier to insist, in any one or more instances, upon performance of any specific term hereof shall not be construed as a waiver or relinquishment of any right granted hereunder or the future performance of such term. Supplier’s rights under these Terms shall be in addition to any other rights Supplier may have at law or in equity, and shall not prejudice any such other right.
  23. For any questions regarding these Terms, please contact Supplier at customerservice@actentertainment.com.

Last Modified: February 24, 2023

TERMS AND CONDITIONS OF PURCHASE
  1. Governing Terms. These Terms and Conditions of Purchase, as may be changed, amended or modified from time to time, as provided herein (these “Terms”), shall govern and control the purchase of all goods (the “Products”) by ACT Lighting, Inc. d/b/a ACT Entertainment and its subsidiaries and affiliates (collectively, “ACT”) from each supplier (“Seller”). Unless otherwise agreed by ACT and Seller in writing, all purchase orders of ACT shall be subject to these Terms. Any language in Seller’s applicable business documentation purporting to amend, modify or replace these Terms with any different or additional terms is hereby expressly rejected and superseded by these Terms, unless the parties otherwise expressly agree in writing.
  2. ACT shall submit all purchase orders to Seller in writing and each such purchase order must be accepted by Seller in writing in order to be valid and binding. Seller shall confirm its acceptance within five (5) business days after receipt of ACT’s purchase order.  If Seller does not provide written confirmation of its acceptance within such five (5) business day period, then ACT may revoke such purchase order. All accepted purchase orders shall be subject to these Terms, unless the parties agree otherwise in each applicable purchase order.
  3. Specifications; Changes. Seller shall provide the Products in accordance with the specifications and requirements expressly set forth in ACT’s purchase order, as accepted by Seller (the “Specifications”). Any changes, modifications or amendments to the Specifications or any purchase order must expressly detailed in writing by Seller and expressly agreed to in writing by ACT.
  4. Upon Seller’s acceptance of a purchase order, Seller shall provide ACT with a delivery date, which shall be firm deadline. In the event of a delivery delay due to reasons outside the control of Seller, Seller shall provide ACT with immediate notice and the new delivery date. Unless otherwise specified in a purchase order or other applicable agreement between the parties, all Products shall be delivered by Seller (a) to ACT at a U.S. or Canadian address (as specified on a purchase order), F.O.B. Seller’s facility, or (b) to ACT at an international address (as specified on a purchase order), ex works Supplier’s facility (subject to IncoTerms 2023, unless otherwise agreed in writing). Title to and risk of loss of the Products shall pass to ACT upon Supplier’s tender of the Products to ACT’s designated carrier.
  5. All prices shall include the packaging and labelling of the Products.  Each order shall be packed by Seller with all applicable shipping documents, which shall state the order number, order date, item description, item quantity and such other information as ACT may request and/or as the parties may agree.
  6. ACT agrees to inspect all deliveries within ten (10) business days after receipt at ACT’s destination.  Any under shipments, mis-shipments or obvious defects in any Products will be promptly reported to Seller in writing, and shall be promptly rectified by Seller, at Seller’s expense.  In the event that Seller is unable to deliver replacement Products or repair an obvious defect within ten (10) business days of receipt of written notice therefrom from ACT, ACT shall have the right to (i) cancel the order and receive a refund of all amounts paid to Seller, (ii) deduct the value of the missing or defective Products from its payment of the applicable invoice, or (iii) procure the applicable Products from a third-party supplier, at Seller’s expense.
  7. Price and Payment. All prices shall be quoted and paid in U.S. Dollars unless otherwise specified on the applicable purchase order. Except as specifically stated in Seller’s price quote, any manufacturer’s tax, retailer’s occupation tax, use tax, sales tax, excise tax, value-added tax, duty, customs agent or broker fees, inspection or testing fee, freight costs, insurance, counselor fees, or any other tax, fee or charge of any nature whatsoever imposed on, in connection with or measured by any transaction between ACT and the Seller shall be invoiced as a separate line item. Unless otherwise agreed in writing in a purchase order, payment of all invoices shall be due net thirty (30) days from the date of the invoice.
  8. Confidentiality; Intellectual Property. Any sketches, models, samples, designs, prototypes, templates, plans, documentation, processes, techniques, methods and other proprietary information (collectively, “Proprietary Information”) of ACT disclosed to Seller shall remain the sole and exclusive property of ACT, and Seller agrees that it shall treat all such Proprietary Information as ACT’s confidential information. Seller shall not use or disclose any such Proprietary Information for any purpose, other than its provision of Products to ACT in accordance with these Terms, without the prior express written consent of ACT, in each instance. All right, title and interest in and to any Proprietary Information of ACT and all intellectual property rights therein shall remain owned by and inure solely to the benefit of ACT or its applicable licensors. For the avoidance of doubt, nothing herein shall be construed as granting Seller any right or license to use ACT’s name, trademark(s), logo(s) or any other intellectual property in any way, including without limitation, on Seller’s website or other materials to describe the relationship between ACT and Seller, without ACT’s prior written approval in each instance.
  9. Data Protection. In the event that ACT provides any personal information (including, without limitation, business contact information) to Seller, all such information shall be processed by Seller in accordance with all applicable laws, rules and regulations, including all laws concerning or related to data privacy and protection.
  10. Warranty.
    1. Seller hereby represents and warrants to ACT that: (i) the Products, as delivered to ACT, shall conform to the Specifications and all other terms set forth in each applicable purchase order, and shall be free from defects in material and workmanship; (ii) the Products, as delivered to ACT, shall be in compliance with all applicable laws, rules, regulations, orders and industry standards (including, without limitation, those related to product safety, occupational safety, child labor standards and recall); (iii) Seller shall inspect all Products before delivery for quality control and to ensure that all Products comply with these Terms and the standards agreed upon by the parties; and (iv) neither the Products nor the use thereof will infringe, violate or misappropriate the intellectual property or other proprietary rights of any third party.
    2. In the event that ACT discovers any defect in a Product after the period set forth in Section 6, above, Seller shall correct such defect(s) in accordance with the procedure set forth in Section 6 and shall be liable for all resulting damages to ACT.
  11. Seller agrees to indemnify, defend and hold ACT and its parent, affiliates and subsidiaries, and each of their respective officers, directors, employees, agents, customers, successors and assigns (each an “Indemnitee”) harmless from and against any and all claims, suits, actions, proceedings, losses, liabilities, damages, penalties, fines, judgments, costs and expenses (including reasonable attorneys’ fees and expenses, including any incurred in enforcement of this indemnity), resulting from (i) Seller’s breach of these Terms; (ii) any sale, promotion, distribution or use of the Products by or on behalf of ACT, including, without limitation, claims for product liability or strict liability; (iii) any claim that the manufacture or use of the Products infringes, misappropriates, or violates any intellectual property or other proprietary rights of any third party; or (iv) Seller’s (or any of Seller’s agents’, employees’ or subcontractors’) negligence or intentionally wrongful acts or omissions. The Indemnitee shall provide prompt notice to Seller of any claim subject to indemnification under this Section 11, provided that the Indemnitee’s failure to do so shall not relieve Seller of any of its obligations hereunder, unless Seller was materially prejudiced by such delay.  The Indemnitee shall have the right to participate in the defense or settlement of any such claim with counsel of its own choosing, at its own expense.  Seller shall not agree to any settlement or compromise of any such claim without the Indemnitee’s prior written approval.
  12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER HEREBY ACKNOWLEDGES AND AGREES THAT ACT SHALL NOT BE LIABLE TO SELLER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, AND LOSS OF OR INABILITY TO USE ANY DATA. ACT’S MAXIMUM AGGREGATE LIABILITY TO SELLER FOR ANY CLAIM OR ACTION ARISING UNDER THESE TERMS SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY ACT TO SELLER UNDER THE APPLICABLE PURCHASE ORDER GIVING RISE TO THE CLAIM.
  13. Governing Law; Arbitration. Any controversy or claim arising out of or relating to these Terms or their interpretation shall be determined by binding arbitration conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be St. Louis, Missouri. These Terms shall be exclusively construed, applied and performed, according to the laws in effect in the State of Missouri, U.S.A. (including, if and when applicable, the Uniform Commercial Code as adopted in the state of Seller’s principal office, and not the United Nations Convention on Contracts for the International Sale of Goods), without regard to the conflicts of laws provisions thereof. The language of arbitration shall be English. Judgment on any award rendered by the arbitrator may be entered by any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any state or federal court located in St. Louis, Missouri, and Seller hereby irrevocably and unconditionally submits to the exclusive jurisdiction of such courts for such purposes, and waives any claim that such forum is inconvenient.
  14. English Language. The English version of these Terms shall be the only version, and shall govern and control any translation of the Terms into any other language.
  15. Import Licenses; Compliance with Law. Seller shall obtain, at its sole cost and expense, any import or export licenses and governmental approvals that may be necessary to permit ACT’s purchase of Products hereunder, comply with all Product and distribution registration requirements in all territories where Seller sells such Products and comply with any and all applicable laws, rules, regulations, and orders of the Seller’s own jurisdiction or any jurisdiction of distribution or sale and of the U.S. Without limiting the foregoing, Seller shall comply with all U.S. export (including the Treasury Department’s Office of Foreign Assets Control regulations, which prohibit U.S. persons transshipping products to embargoed countries), anti-boycott and foreign corrupt practice laws including, without limitation, the Foreign Corrupt Practices Act, Executive Order No. 13224, the USA Patriot Act and any regulations promulgated pursuant to the foregoing acts. At ACT’s request, Seller shall complete any forms or take other action that ACT deems necessary for the parties to comply with applicable export laws in connection with these Terms. Seller shall (i) prepare and file at its sole cost and expense all reports required by any governmental body in its territory, and (ii) pay all taxes and other similar charges imposed upon the Products.
  16. Entire Agreement. These Terms, together with any formal supply agreement and purchase order(s), constitute the entire agreement between the parties as to the purchase of Products between the parties and supersede all prior agreements, conditions or communications, written or oral, concerning such subject matter.  In case of a conflict in terms among the documents pertaining to ACT’s purchase of Products, the parties shall look first to the terms of their supply agreement/ distribution agreement, in one exists, then to these Terms, and then to the terms of the purchase order.
  17. ACT reserves the right to change, amend or modify these Terms at any time and from time to time in its sole and absolute discretion, without notification to Seller. ACT’s posting of any amended or modified version of these Terms on this website, and Seller’s sale of Products thereafter, constitute Seller’s consent to be bound by such changes, amendments or modifications. Invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. Failure of ACT to insist, in any one or more instances, upon performance of any specific term hereof shall not be construed as a waiver or relinquishment of any right granted hereunder or the future performance of such term. ACT’s rights under these Terms shall be in addition to any other rights ACT may have at law or in equity, and shall not prejudice any such other right.
  18. For any questions regarding these Terms, please contact ACT at customerservice@actentertainment.com.

Last Modified: February 24, 2023

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