TERMS AND CONDITIONS OF USE
Last updated: March 4, 2015
THESE TERMS AND CONDITIONS OF USE REQUIRE YOU TO AGREE TO GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, STOP ACCESSING OUR WEBSITE IMMEDIATELY.
You must be 13 years of age or older to use our website and if not of majority (18 in most states) your parents must supervise your use.
We reserve the right in our sole discretion and at any time, for any reason and without prior notice, to modify or add to these Terms and Conditions of Use. Any changes to these Terms and Conditions of Use will be effective immediately upon posting of the revised Terms and Conditions of Use. Therefore, we encourage you to check our Terms and Conditions of Use whenever you visit our website in order to be aware of any changes.
By continuing to access and use our website following such changes, you agree to the changes. If you do not agree to our Terms and Conditions of Use, or to any changes we may subsequently make, stop accessing our website immediately.
Our company, its licensors, or both own, solely and exclusively, own or control all intellectual property rights to our website (including past, present and future versions) and all of the included content, including, but not limited to, photographs, images, illustrations, sounds, music, video, layout, text, instructions, files, designs, software, scripts, graphics, information, services, URLs, technology, documentation, the "look and feel" of the website, the compilation, assembly and arrangement of the contents, source code, data and materials on the website (collectively, the "Website Content").
Access to our website, including, without limitation, the Website Content, is provided for your information and personal, non-commercial use only. Your use of the website does not grant to you ownership of any content, code, data or materials on the website. You may view the content on the website on your computer or other Internet-enabled device, and download (temporary storage only), make single copies or prints of the Website Content for your personal, non-commercial use only. Any commercial distribution, publishing or exploitation of the website, or any Website Content, is strictly prohibited without prior written permission from us or from the respective rights owner.
You may not download, display, copy, distribute, create derivative works from, sell, exploit or make any other use of the website, or the Website Content, except as otherwise provided above.
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on our website are owned by our company, our licensors, or both. Except for the limited use rights granted to you in these Terms and Conditions of Use, nothing contained on our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without prior written permission from us or from the respective Trademark owner.
MESSAGE BOARDS AND PUBLIC FORUMS
Our website might include message boards or similar public forums where you can communicate with other users of our website. Any information you choose to provide and share in a public forum is public information that may be viewed and/or collected by anyone, including third parties that do not comply with our Terms and Conditions of Use. We are not responsible for any events arising from any information you post or share in a message board or similar public forums included in our website.
When using our website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You warrant and agree that you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) upload, post, publish, transmit, reproduce, distribute or otherwise exploit our Website Content for commercial purposes without prior written permission from us or, in the case of third party content, without prior written permission from its respective owner; or (iii) use the Website Content in a manner that suggests an association with our company, our products or services; or (iv) use our website to attempt to gain unauthorized access to other computer systems.
You may not:
(a) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on our website or Website Content or on any copy you make of the Website Content;
(b) use an automated or manual process to “scrape” our website or Website Content, or collect or harvest any contact or personal information including, but not limited to, user names, passwords and e-mail addresses;
(c) use any other automated or manual process to obtain lists of users or other information from or through our website , including, without limitation, any information residing on any system or database connected to our website, or the services offered on or through our website;
(d) use or exploit our website in any manner to sell any products or services, or solicit other users to join or become members of any commercial service or other organization without prior written permission from us;
(e) circumvent, disable or otherwise interfere with any security-related features of our website, including, but not limited to, any features that prevent or restrict access to certain portions of the website, or that enforce limitations on the use of our website or Website Content;
(f) attempt to or obtain unauthorized access to any computer systems, materials or information through any means;
(g) attempt to or interrupt, damage, overburden, impair, disable or interfere with the proper working of our website or the services made available on or through our website; including, but not limited to, attempting to or performing any denial-of-service attack (DoS attack) or distributed denial-of-service attack (DDoS attack), and sending mass unsolicited messages;
(h) use our website or the services made available on or through our website in any manner with the intent to interrupt, damage, overburden, impair, or disable our website, such services, or any other third party websites or computer systems;
(i) use network-monitoring software to scan or analyze our website, or extract usage data from our website or any system or database connected to our website;
(l) interfere with the proper working of our website or the services made available on or through our website;
(m) circumvent, disable, reverse engineer, decrypt, or otherwise alter our website, or the services made available on or through our website, or the Website Content;
(n) decompile, reverse engineer, disassemble, modify or attempt to discover any source or object code of our website, or any software, processes, products or services accessible through our website;
(o) use our website or website services in violation of any applicable laws, or encourage conduct that violates any applicable laws.
You agree to fully cooperate with our company in the investigation of any suspected or actual activity that violates these Terms and Conditions of Use.
Furthermore, you agree that (i) you will be solely responsible for acquiring and maintaining any and all computer hardware and other equipment required for accessing and using our website and the services made available on or through our website, and (ii) you will be solely responsible for all charges related thereto.
You represent and warrant that you are not a minor and you have the legal right and capacity to enter into these Terms and Conditions of Use in your jurisdiction and to comply with these Terms and Conditions of Use or, if you are a minor, your parent or legal guardian has read and agreed to these Terms and Conditions of Use on your behalf.
LINKING TO OUR WEBSITE
We hereby grant you a non-exclusive, limited license, revocable at our sole discretion at any time, for you to link to our website from any website you own or control so long as the linking complies with the following requirements:
(a) the link shall open in a new browser window;
(b) you will not link in any manner that causes our website to be “framed,” surrounded or in any way obfuscated by any third party content, materials or branding;
(c) the website where the link resides is not commercially competitive with our website and does not criticize or otherwise damage our company;
(d) the website where the link resides, and all other websites to which such website links, do not violate any applicable laws;
(e) the website where the link resides, and all other websites to which such website links, do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other content;
Such a link does not constitute our endorsement, sponsorship, or recommendation of any third party websites or the information, products, services, advertising, code or other content provided by or through such websites.
We reserve the right to prohibit linking to our website for any reason at any time, and in our sole discretion without prior notice to you, even if the linking complies with the requirements described above.
WEBSITE CONTENT AND THIRD PARTY WEBSITES
We provide our website, including, without limitation, our Website Content for educational and promotional purposes only. You may not rely on any information and opinions expressed on our website for any other purpose. You are solely responsible for evaluating the accuracy, timeliness, completeness, or usefulness of our Website Content. Any reliance on our Website Content is done at your own risk and you assume all responsibilities for the consequences resulting from such reliance. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content and from your use of our website.
We reserve the right in our sole discretion, at any time and for any reason, to modify, suspend or discontinue any aspect or feature of our website without prior notice and without liability.
If there is a dispute between persons accessing our website or between persons accessing our website and any third party website, you understand and agree that we are under no obligation to become involved in such a dispute. In the event that there is such a dispute, you hereby release our company and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from any claims, demands, and damages of any kind or nature arising out of, relating to, or in any way connected with such dispute.
Our website may contain links to other third party websites that we do not control or maintain. You acknowledge and agree that we have no responsibility for the information, products, services, advertising, code or other content provided by or through third party websites. Links to third party websites do not constitute our endorsement, sponsorship, or recommendation of such websites or the information, products, services, advertising, code or other content provided by or through such websites.
We disclaim any liability for links to third party websites from our website, and links from third party websites to our website. We cannot guarantee the standards of any third party websites to which links are provided on our website and we will not be held responsible for the contents of such websites, any subsequent links to such websites, or any form of transmission received from such websites. We do not represent or warrant that the contents of any third party website are accurate or compliant with any applicable laws.
Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities for the consequences resulting from such reliance and from your use of any third party website. We are not liable to you for any loss or damage of any sort or nature resulting from your dealings with any third party entity or their website.
You agree to defend, indemnify and hold our company and its directors, officers, members, managers, employees, owners, affiliates, suppliers, licensors and agents harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable
attorneys’ fees, that in any way arise out of, are related to or are connected with: (a) your access to or use of the website or Website Content; (b) your use or any purchased or free downloadable content, music CDs or any other free gifts, (c) your placement or transmission of any message, content, information, software or other materials through the website; (d) your breach or violation of the law or of these Terms and Conditions of Use; or (d) your acts or omissions.
You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that would otherwise be subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
All sales are final and items cannot be returned. Refunds will not be provided.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THE WEBSITE AND/OR WEBSITE CONTENT IS AT YOUR SOLE RISK.
OUR COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, TIMELINESS, SECURITY, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ACCESSED THROUGH THE WEBSITE, ANY WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, ANY WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED, AND ANY WARRANTIES THAT THE WEBSITE (OR THE SERVER THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. OUR COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY WEBSITE CONTENT FROM THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OUR COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS AND CONDITIONS OF USE, OR THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE WEBSITE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, YOUR USE OF ANY PURCHASED OR FREE DOWNLOADABLE CONTENT, MUSIC CDS OR ANY OTHER FREE GIFTS, LOST BUSINESS OR LOST SALES, EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL OUR COMPANY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER THIRD PARTY ON OR THROUGH THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF OUR COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF THE AMOUNT, IF ANY, PAID BY YOU TO OUR COMPANY FOR USING OUR WEBSITE OR TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS AND CONDITIONS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
REMOVAL AND DISCLOSURE
Our company reserves the right in our sole discretion at any time, for any reason and without prior notice to you, to remove, delete, take down, discard or destroy any information you choose to provide and share in any message boards or similar public forums that might be includedin our website. We may access, use and disclose transaction information about your use of our website, and any submissions you provided to us via or in connection with our website, when (a) we are required to do so by law, including, but not limited to, in response to court orders and subpoenas and as otherwise required in connection with a judicial or government proceeding or legal process; (b) to initiate, render, bill and collect for our products and services; or (c) to protect our rights or property, or to protect users of our website from any fraudulent, abusive, or unlawful/illegal use of our website.
We reserves the right in our sole discretion, without prior notice and at any time, to restrict, suspend or terminate your access to our website and/or the services offered on or through our website if we believe you are in violation of our Terms and Conditions of Use or any applicable laws, or for any other reason.
You agree that our company shall not be liable to you or any third party for any restriction, suspension or termination of your access to our website and/or the services offered on or through our website.
We may, in appropriate circumstances and at our sole discretion, terminate authorization of users to our website who infringe or repeatedly infringe the copyrights or other intellectual property rights of our company and/or any third party. Any suspension or termination shall not affect your obligations to us under these Terms and Conditions of Use, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury, and all of the provisions in the “Miscellaneous” section below.
If any provision of these Terms and Conditions of Use is held to be unlawful, void, or for any reason invalid or unenforceable, then that provision will be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of the remaining provisions.
We respect others’ intellectual property rights and we prohibit the use the website for any purpose or in any manner that infringes the copyright rights and/or other intellectual property rights of any third party. We may, in appropriate circumstances and at our sole discretion, terminate authorization of users to our website who infringe or repeatedly infringe the copyrights or other intellectual property rights of our company and/or any third party.
Please send your notification of claimed copyright infringement to our Designated Agent at firstname.lastname@example.org as a written statement that includes the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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;
(c) 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 us to locate the material;
(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(e) 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
(f) 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.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any legal proceedings against our company that may arise out of, relate to, or be in any way connected with these Terms and Conditions of Use, the website or the website content, shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York.
(A) Our company controls and operates the website from its offices in the United States of America. We do not represent that materials, functionalities or any other content on our website, or any services offered on or through our website are appropriate or available for use in other locations. If you choose to access and/or use our website from other locations, you do so at your own risk, and you are solely responsible for complying with any applicable local laws.
(B) Our failure or any delay on the part of us to exercise or enforce any right or provision of these Terms and Conditions of Use shall not, in any event, constitute a waiver of such right or provision or a waiver of the right and privilege to do so at any subsequent time.
(C) You agree that (i) we have the right in our sole discretion to determine your compliance with these Terms and Conditions of Use; and (ii) you waive any and all rights to injunctive or other equitable relief.
(D) The section headings used in these Terms and Conditions of Use are for convenience only and shall not be given any legal import.
(F) Indirect or attempted violations of these Terms and Conditions of Use by you, and actual or attempted violations by a third party on your behalf, shall be considered violations of these Terms and Conditions of Use by you.
THE INFERNAL GATE®