MAD CAVE STUDIOS TERMS OF SERVICE
The following terms of service (the “Terms”) govern the use of and interaction with this website (Madcavestudios.com) (the “Web Site”). Created by Mad Cave Studios, Inc. (“Mad Cave” or “we” or “us” or “our”), the Web Site presents users with information related to our comic book publishing company. Mad Cave may change these Terms at any time and without notice posting such changes on the Web Site as they arise or become necessary. By using the Web Site, you accept and agree to the Terms as applied to your use of the Web Site. Not agreeing to the Terms prevents any access to or use of the Web Site.
1. Proprietary Rights. Mad Cave solely and exclusively owns all rights, title and interest in and to the Web Site. This includes, but is not limited to: all content (audio, photographs, illustrations, graphics, visuals, video, copy, text, software, titles, multimedia files, etc.), code, data, programming materials as well as the look, feel, design, organization, and compilation of the content, code, data and materials on the Web Site. Mad Cave exclusively owns all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and any other intellectual property and proprietary rights in the Web Site. Use of the Web Site shall not grant you ownership of any content, code, data or materials you may access on the Web Site.
2. Limited License. You may access and view content on the Web Site on your computer or other Internet compatible device. The Web Site and any of the services offered on or through the Web Site including printing or making single copies of content found on the Web Site are for your personal, non-commercial use only.
3. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site are registered or soon-to-be registered Trademarks solely owned by Mad Cave. Trademarks shall not be used in connection with products and/or services that are unrelated to, unassociated with, or otherwise not sponsored by Mad Cave in efforts that could cause customer confusion or in any way disparages or discredits Mad Cave and its operations. All Trademarks not owned by Mad Cave that either appear on the Web Site or through one of the Web Site’s services, if any, are the sole property of their respective registered owners. The Web Site shall not be construed or otherwise thought or understood to construe as granting–either expressly, impliedly, or by estoppel–any license or right to use any of the Trademarks shown on the Web Site without the sole written permission of Mad Cave. Your specific misuse or misuse caused by your inducement of another party of the Trademarks displayed on the Website is strictly prohibited. Mad Cave will aggressively enforce its Trademark rights to the fullest extent permitted by law, including seeking any and all damages in addition to criminal prosecution.
4. Prohibited Use. Any promotional, publishing, distributional, or otherwise commercial use of the Web Site, or any content, data, or materials thereon, is strictly prohibited unless you have received express prior written permission from Mad Cave. You shall not download, post, display, copy, distribute, broadcast, transfer, create derivative works from, modify any of the contents, data, material and code found on the Web Site for a commercial purpose or otherwise cause another to do any of the antecedent actions without express prior written permission. You shall not alter, edit, delete, or otherwise change or repurpose the meaning and appearance of any of the content, code, data or materials on the Web Site or provided through the services the Web Site offers. This includes, but is not limited to: altering or tampering with trademarks, trade names, logos, service marks or any other proprietary content. Doing so without express prior written permission violates copyright and other United States laws as well as those from other countries and applicable state laws which can subject you to liability for the unauthorized use. Mad Cave will aggressively and strictly enforce its intellectual property rights to the fullest extent, including any and all damages in addition to criminal prosecution.
8. Prohibited User Conduct. By using the Web Site and its various services and features, you shall not: (a) misrepresent your identity or any affiliation with any other person or entity; (b) include or cause to include any advertising or promotional content, whether yours or that of a third party, onto the Web Site or any of its services or features; (c) commercially exploit or cause another to commercially exploit such promotional content through the Web Site; or (d) seek unauthorized access to a computer, database, server, or any other electronic device through the Web Site. Furthermore, you shall not: (i) engage or cause to engage in any electronic tampering of the Web Site or its related features; (ii) obtain unauthorized access to computer systems or materials that support the Website; or (iii) use or cause to use the Web Site in a way that will disable, damage, interrupt, or otherwise overburden the Web Site and its features and services. You further agree not to use the Web Site or its services and features in violation of Mad Cave’s intellectual property or other proprietary or legal rights or attempt or cause another to attempt to circumvent, decrypt, or otherwise reverse engineer the Web Site in any way.
9. Infringement. Mad Cave highly respects the intellectual property rights of others. All users who visit and interact with the Web Site or its services and features must do the same. If you believe that your work has been copied or transmitted–in any way, shape or form–that may constitute copyright infringement, please contact Mad Cave immediately via e-mail to firstname.lastname@example.org with the following information: (a) personal contact including address, e-mail, and telephone number; (b) a description of the copyrighted work claimed to be infringed; (c) a good faith statement by you indicating why use of the work in question constitutes copyright infringement; (d) an electronic signature or any other form of singular authentication evidencing your affirmation that this is your statement; and (e) a closing statement, made under penalty of perjury, that the information in the above statement is accurate and that you are either the rightful copyright owner or are authorized to dispute the use by the copyright owner’s behalf.
10. Indemnification. You agree to defend, indemnify and hold Mad Cave and its directors, officers, employees and agents harmless from all claims, liabilities, costs and expenses including reasonable attorney’s fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software, or other materials through the Web Site, your infringement of another’s intellectual property rights, or your breach or violation of any law or of these Terms. Mad Cave reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise with the complete understanding that all costs incurred will be part of the indemnification owed by you to Mad Cave. You agree in such instance to cooperate fully with Mad Cave’s defense of such claim.
11. Linking to the Web Site. If including a link from another web site to the Web Site, you agree to have such link open in a new browser window and link back to a full version of an HTML formatted page of the Web Site. You shall not: (a) link directly to any image placed or hosted by the Web Site or any of its feature or services (such as “in-line” linking); (b) download or use images hosted by this Web Site for any purpose; or (c) frame or cause another to frame any part of this Web Site or its services and features via a link or other format with any third party content, materials or branding. Mad Cave reserves all rights under the law to insist that any link to the Web Site in violation of these Terms be discontinued and to seek revocation of your rights in the link to the Web Site at any time upon express written notice to you.
12. Third Party Web Sites. The Web Site carries live links to third party web sites that offer Mad Cave’s products in digital format. You agree that Mad Cave is not responsible for the information, content, products, services, advertising, code or other materials provided, transferred or shown by third party web sites unless they are explicitly Mad Cave products. Links to third party web sites do not constitute an endorsement or sponsorship by Mad Cave to that third party web site or the information, content, products, advertising, services or other materials presented thereof. Mad Cave is als not responsible for any web casting or other form of information transmission received or elicited by any third party web site. Reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
13. Changes to Terms. Mad Cave reserves the right, at any time and at its sole discretion, to change, modify, add, remove, or in any way alter any section of the present Terms, in whole or in part. Such changes to the Terms will be effective when posted. Continued use of the Web Site and/ or its features and services after changes are made will be considered an unequivocal acceptance of those changes.
14. Termination. Mad Cave, at any time and at its sole discretion, may terminate, change, suspend or discontinue any part, service or feature of the Web Site. Mad Cave may further restrict, suspend or terminate your access to the Web Site and its related services and features if we believe you breached our Terms or any applicable law, or for any other reason without notice or liability. Mad Cave adheres to a strict termination policy related to users who are repeat infringers of intellectual property rights.
15. DISCLAIMER OF WARRANTIES. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, AND CONTENT, IS PROVIDED AND PRESENTED “AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES FOR INFORMATION, DATA, PROCESSING SERVICES, UNINTERRUPTED ACCESS OR CONTENT WARRANTIES INCLUDING, WITHOUT LIMITATION, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, WE DO NOT WARRANT THE WEB SITE OR ITS SERVICES, CONTENT AND FEATURES WILL BE ERROR FREE, RUN UNINTERRUPTED, OR RUN FREE OF ANY DEFECTS. NO COMMUNICATION FOUND, POSTED, OR RECREATED ON THE WEB SITE OR ITS SERVICES, FEATURES AND CONTENT WILL EXPRESS OR BE DEEMED TO EXPRESS AS CREATING ANY WARRANTY WHATSOEVER. MAD CAVE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES CREATED BY VIRUSES THAT INFECT OR MAY INFECT YOUR YOUR COMPUTER, EQUIPMENT OR ANY OTHER PROPERTY DUE TO YOUR ACCESS TO OR USE OF THE WEB SITE INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT OR AUDIO CONTENT FROM THE WEB SITE. THE SOLE REMEDY AVAILABLE FOR ANY DISAPPROVAL OR DISLIKE OF THE WEBSITE IS TO DISCONTINUE USING AND VISITING THE WEB SITE. MAD CAVE RESERVES THE RIGHT TO CHANGE OR CORRECT ANY INFORMATION PROVIDED OR POSTED ON THE WEB SITE AT ANY TIME WITHOUT PRIOR WARNING. MAD CAVE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION MADE AVAILABLE ON OR THROUGH THE WEB SITE NOR WILL BE HELD LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING THE INFORMATION PROVIDED ON THE WEB SITE. USING THE WEB SITE DOES NOT, IN ANY WAY, FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH MAD CAVE. MAD CAVE FULLY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF YOUR USE OF ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, MESSAGES, COMMENTS OR CONTRIBUTIONS CONTAINED HEREIN. ANY PRODUCTS OR SERVICES ORDERED THROUGH OR PROVIDED BY THE WEB SITE ARE DONE SO “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS. MAD CAVE DISCLAIMS AND BY USING THE WEB SITE YOU WAIVE ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE OR FREQUENTLY ASKED QUESTIONS, IF ANY.
16. LIMITATION OF LIABILITY. MAD CAVE, OR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “REPRESENTATIVES”) SHALL NOT BE HELD LIABLE, IN ANY CAPACITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE WEB SITE OR ANY OF ITS SERVICES, FEATURES AND/OR CONTENT. FURTHERMORE, MAD CAVE OR ANY OF ITS REPRESENTATIVES SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING FROM YOUR PROVISION OF INFORMATION OR ANY LOST BUSINESS, EVEN IF SUCH REPRESENTATIVES WERE PREVIOUSLY ADVISED THIS POSSIBILITY EXISTED. FOR USERS IN JURISDICTIONS WHERE SUCH LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARE NOT ALLOWED, THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY. NEVERTHELESS, MAD CAVE OR ANY OF ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT OR COMMUNICATION FOUND, POSTED, TRANSMITTED, RECREATED OR IN ANY WAY MADE KNOWN THROUGH OR RECEIVED BY ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY LIABILITY BY MAD CAVE OR ITS REPRESENTATIVES ARISING FROM THESE TERMS OR YOUR USE OF THE WEB SITE, THEN THE TOTAL AGGREGATE LIABILITY FOR MAD CAVE AND ITS REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT OR NEGLIGENCE SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO MAD CAVE FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
17. Applicable Laws. Mad Cave controls and operates the Web Site from our offices in the State of Florida, United States of America. Mad Cave further makes no representation that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a jury trial.
18. Forum. The present Terms, and the relationship between Mad Cave and Web Site users, shall be governed by the laws of the State of Florida, United States of America, without regard to any conflict of law provisions. All causes of action arising under these Terms shall commence and be heard in the appropriate court in the State of Florida, County of Miami-Dade, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located in Miami-Dade County in the State of Florida. Any failure to exercise or enforce any right or provision of these Terms by Mad Cave shall not constitute a waiver of such right or provisions. If any provisions of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless will agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.