Legal Agreement
For purposes of this document, “Company” is defined as “Zoltan Entertainment”These terms and conditions (“Terms of Use”) constitute a legally binding agreement between you, the user (sometimes referred to as “User”) and Company. These terms and conditions apply to the User who accesses, browses and/or otherwise uses this Web site (“Site”) and/or the services provided by this Site (“Services”). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
These Terms of Use include the Privacy Policy, which is incorporated into these Terms of Use by reference. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy.
If you do not agree and accept these Terms of Use in their entirety, you may not access, browse, or use the Site or any of the Services.You must be at least 13 years of age in order to use and/or subscribe to the Services. If you are under 13 years-old, you may not use the Services or this Web site and you are instructed to leave this Web site. If you are between the ages of 13 through 17 years old, you may use the Services only under the supervision and with the consent of your parent or legal guardian.
Modification Of These Terms Of Use
Company may update or revise these Terms of Use at any time without notice by updating this posting. You understand that you are responsible for regularly reviewing these Terms of Use, as posted on the Site. By accessing, browsing and/or otherwise using this Site, you agree to be bound by any such revisions.
Privacy And Personal Information
You may be required to register to use the Services. To set up an account, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the Services. Company agrees that it will only use and/or disclose your personal information in accordance with the terms of the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use the Services. The Privacy Policy shall supersede any conflicting language in these Terms of Use.
You Are Responsible For Your Account
If you are given a password to access the Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Company immediately of any unauthorized use of your account. Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
You agree that your Company account is non-transferable and any rights to your user ID, or any Content or other materials within your account, terminate upon your death.
Personal And Non-Commercial Use Only
You may only use the Services for your own personal and non-commercial purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Services except as expressly provided in these Terms of Use.
Third-Party Sites
The Site may contain links to other Web sites controlled or operated by persons and companies other than Company (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Company has not reviewed all of these third-party sites and does not control, and is not responsible for, any of these sites or their availability, content, or policies, including, without limitation, privacy policies or lack thereof. Company does not provide or make any representation or warranty as to such third-party sites, nor as to the quality or nature of any of the third-party products or services purchased through the Service. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Services or are identified on this Web site, including the delivery of and payment for goods and services.
Prohibited Uses
You agree that you will not: (1) use the Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them; (3) attempt to gain unauthorized access to any account (other than your User account), computer systems or networks associated with the Services; (4) obtain or attempt to obtain any materials or information through the Services by any means not intentionally made available or provided for.
Prohibited activities include, but are not limited, to the following: (1) sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”); (2) engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities, and/or engage in activity that violates privacy, publicity, or other personal rights of others; (3) advertising, transmitting, storing, posting, displaying, or otherwise making available child pornography or obscene speech or material; (4) transmitting or posting defamatory, harassing, abusive, or threatening language; (5) forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message; (6) accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”) or engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity); (7) distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks, and/or engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the Services or any connected network, system, service, or equipment; (8) advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this code of conduct, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software; (9) exporting encryption software over the Internet or otherwise, to points outside the United States; (10) engaging in activities that are determined to be illegal, including but not limited to: advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes or the like; fraudulently charging credit cards; and pirating software; (11) engaging in activities, whether lawful or unlawful, that we determine, in our sole discretion, to be harmful to its users, operations, reputation, goodwill, or user relations.
Company urges you to assume that all of your on-line communication is insecure. Company cannot take any responsibility for the security of information transmitted over Company’s facilities or the Services.
Company will not regularly monitor messages sent or received by you unless required to do so by law, governmental authority, or when public safety or some other policy is at stake. Company may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Company may disclose information, including but not limited to, information concerning you or a transmission made via the Service in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Company assumes no obligation to inform you that your information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Company may disclose your information or information transmitted over the Services where necessary to protect Company and others from harm, or where such disclosure is necessary to the proper operation of the Services.
Finally, Company wishes to emphasize that you agree to fully indemnify and hold harmless Company and Garden Moxie from and against any violation of these Terms of Use by you that results in loss to Company or Garden Moxie or the bringing of any claim against Company by any third-party. This means that if Company is sued because of your activities, then you will pay any damages awarded against Company and/or Garden Moxie, plus costs and attorney’s fees, and all other related losses.
Your Feedback and Suggestions Submitted To Company
Company may want your voluntary feedback and suggestions on the Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Company needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Company, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Company and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Company’s use of the materials contained within such feedback or suggestions. Company is under no obligation to post or use any materials you may provide and may remove such materials at any time at Company’s sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Company Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.
User Supplied Content
By submitting and posting text, photos, artwork, sound recordings, software, data, or any other materials (“User Supplied Content”), you are giving us the irrevocable permission, in perpetuity, on a no-charge basis, to use the User Supplied Content in connection with the Services, any advertisements and promotions, and for any other purpose for which Company chooses to use the User Supplied Content. In particular, you understand and agree that by submitting and posting any User Supplied Content to Company or the Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Company and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such User Supplied Content, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the User Supplied Content. These grants include the right to exploit any proprietary rights in such User Supplied Content, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Company’s use of the User Supplied Content. Company is under no obligation to post or use any User Supplied Content you may provide and may remove such User Supplied Content at any time at Company’s sole discretion. You certify and warrant that Your Materials, in whole or in part, are your original work and do not infringe any copyright or intellectual property right, and have never been copyrighted or, if copyrighted, that you are the sole copyright owner. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.
Company takes no responsibility and assumes no liability for any User Supplied Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Supplied Content that you upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your risk and responsibility. Company neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made by anyone on or in connection with the Services.
Content Available on the Company Services
All Site materials, including, without limitation, any software, data, text, photos, graphics, images, audio and video clips, logos, icons, links and other files and the selection and arrangement thereof (all of these things referred to as “Content”) are copyrighted Materials. ALL RIGHTS RESERVED. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using the Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this Terms of Use. All rights not expressly granted to you in this Terms of Use are reserved by Company or any affiliates (or their licensors, as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Services are owned by Company or any affiliate of Company or others who have licensed their use to Company. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Company for which money damages would be inadequate and in such event Company will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Failure to Provide Content or Services
Neither Company nor any affiliate of Company is responsible for any delay or failure to provide content or other services where such delay or failure is due to causes outside of Company’s control. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
Software Available on the Company Services
All software (if any) that is made available to view and/or download from the Web pages that are part of the Services (“Software”) is owned by and is the copyrighted work of Company and/or its affiliates, and their respective suppliers, designees, and licensees. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Company hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Services in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Company and/or its suppliers, affiliates, designees, and licensees and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Company and/or its affiliates for which money damages would be inadequate and in such event Company or its affiliates will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Policy on Emailing, Blogging, Chatting
The Services may include use of an email or blog hosting account or emailing, blogging, chatting, or message board activity (individually and collectively “Email/Blog/Chat Services”). Your use of the Email/Blog/Chat Services is subject to these Terms of Use.You understand that Company is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Email/Blog/Chat Services, and that your use of the Email/Blog/chat Services is at your own risk. Any and all Email/Blog/Chat Services are provided “AS IS” and “AS AVAILABLE” and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
In no way is Company or any of its affiliates liable for any claims arising from your use of any Email/Blog/Chat Services. As a condition of your use, you agree to indemnify Company and its affiliates for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Email/Blog/Chat Services. Company reserves the right, in its sole discretion and at any time: to modify or discontinue the Email/Blog/Chat Services; to limit, terminate or suspend your use of the Email/Blog/Chat Services; and to assess charges for the use of the Email/Blog/Chat Services in the future.
Warranty Disclaimer
GARDEN MOXIE, COMPANY AND THEIR RESPECTIVE AFFILIATES, DESIGNEES AND LICENSEES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE COMPANY SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GARDEN MOXIE, COMPANY AND THEIR RESPECTIVE SUPPLIERS, AFFILIATES, DESIGNEES AND LICENSEES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL GARDEN MOXIE, COMPANY, AND THEIR AFFILIATES, DESIGNEES, AND LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GARDEN MOXIE, COMPANY, OR ANY OF THEIR AFFILIATES, DESIGNEES OR LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY SERVICES. In no event will Garden Moxie or Company’s liability for any damages, losses and causes of actions, whether in contract or tort (including negligence or otherwise), exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Customer Support
Company may, but has no obligation, to provide information about how to use the Services. If you have any questions about the Services or any problems that you would like to report, please contact Customer Support (if available).
Termination And Restriction Of Access
Company reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. Company may also terminate or suspend your access to the Services for breach of this Terms of Use or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Company. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Services, Company will not terminate your access to the Services prior to the expiration of your subscription period without good cause. Good cause includes your breach of this Terms of Use. If you cancel your subscription to the Services prior to the expiration of the subscription period for any reason, Company will not refund to you any fees paid in advance of such cancellation. Upon termination of your account, your right to use the Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Company shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Services may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your subscription, if any.
General
These Terms of Use are governed by the laws of the State of Michigan, United States of America. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Michigan, U.S.A. in all disputes arising out of or relating to the use of the Services.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, the Services, or this Agreement (or any other agreement incorporated herein), must be filed within one (1) year after such claim or cause of action arose or forever be barred.
Company makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Use or use of the Company Services. You may not assign these Terms of Use without the prior written consent of Company. Company may assign these Terms of Use, in whole or in part, at any time. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
You, on behalf of yourself and each of your heirs, predecessors, successors, assigns and present and former parents, subsidiaries, related entities, affiliated and sister corporations, divisions, officers, owners, shareholders, employees, representatives and agents hereby fully, finally and forever agree to indemnify and hold harmless Company and its heirs, successors, predecessors, assigns, and present and former parents, subsidiaries, related entities, affiliated and sister corporations (direct or indirect) divisions, officers, owners, directors, shareholders, employees, partners (limited or general), insurers, attorneys, expert witnesses, accountants, agents, principals and representatives from, any lawsuit, claim, or demand, including any reasonable attorneys’ fees, made by any third party arising out of Content submitted by you and made available through the Website, your violation of these Terms of Use, or violation of any rights of another.
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to the Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Intellectual Property Notices
This Web site and all of its contents: Copyright by Zoltan Entertainment or its affiliates or designees. All rights reserved.
Last Updated:
2018 June 10