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Web Site Terms Of Use
GENERAL
The Aunt Calamity website (the "Site") is owned and operated by BattleAxe Media ("we" or "us"). By
using this Site, you agree to be bound by these Terms of Service and to use the Site in accordance
with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply
to specific sections of the Site or to products and services available through the Site. Accessing the Site,
in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound
by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions
on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By
continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You.
This Site and all the materials available on the Site are the property of us and/or our
affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is
provided solely for your personal noncommercial use. You may not use the Site or the materials available on the
Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More
specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not
modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute
in any manner or medium (including by email or other electronic means) any material from the Site. You may, however,
from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use,
provided that you keep intact all copyright and other proprietary notices. Information about requesting permission
to reproduce or distribute materials from the Site can be requested by sending an email to info [at] auntcamity [dot] com
Your License to Us.
By posting or submitting any material (including, without limitation, photos and videos) to us
via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or
submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age
or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by
us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify,
transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such
material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission,
including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant
jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right
to identify you as the author of any of your postings or submissions by name,
email address or screen name, as we deem appropriate.
Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link does not state
or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written
permission, frame or inline link any of the content of the Site, or incorporate into another website or other
service any of our material, content or intellectual property.
Notice of Copyright Infringement.
If you are a copyright owner who believes your copyrighted material has been
reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform
our designated copyright agent by sending written notice by email to thelma [at] auntcamity [dot] com.
Please include the following information in your written notice: (1) a detailed description of the copyrighted work
that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3)
your contact information, including your address, telephone number, and, if available, email address; (4) a statement
by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright
owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information
in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or
physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of
copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected
copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
Disclaimers
Throughout the Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such
third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services
offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective
affiliates operate or control in any respect any information, products or services that third parties may provide on or
through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume
the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that
hardware and/or software.
The Site is provided for entertainment purposes only and not for commercial use. The Site should not be used in any
high risk activities where damage or injury to persons, property, environment, finances or business may result if an
error occurs. You expressly assume all risk for such use.
Interactive Features
This Site may include a variety of interactive toys which we may provide through the Site. It is a condition of your use
of the Site that you do not:
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Restrict or inhibit any other user from using and enjoying the Site.
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Interfere with or disrupt any servers or networks used to provide the Site or its features,
or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
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Use the Site to instigate or encourage others to commit illegal activities or cause injury
or property damage to any person.
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Gain unauthorized access to the Site, or any account, computer system, or network
connected to this Site, by means such as hacking, password mining or other illicit means.
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Obtain or attempt to obtain any materials or information through any means not
intentionally made available through this Site.
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Use the Site to post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation
any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or international law.
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Use the Site to post or transmit any information, software or other material that
violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or
that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without
first obtaining permission from the owner or rights holder.
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Use the Site to post or transmit any information, software or other material that
contains a virus or other harmful component.
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Use the Site to post, transmit or in any way exploit any information, software or
other material for commercial purposes, or that contains advertising.
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Use the Site to advertise or solicit to anyone to buy or sell products or services,
or to make donations of any kind, without our express written approval.
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Gather for marketing purposes any email addresses or other personal information
that has been posted by other users of the Site.
You understand that we have no obligation to monitor any areas of the
Site through which users can supply information or material. However, we reserve the
right at all times to disclose any information we believe necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove any information or
materials, in whole or in part, that in our sole discretion are objectionable or in violation
of these Terms of Service. We also reserve the right to deny access to the Site or any features
of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes
with the ability of others to enjoy our website or infringes the rights of others.
Registration
You may be asked to register with us on the form provided and such registration may require you to provide personally
identifiable information such as your name and email address. You agree to provide true, accurate, current and complete
information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that
such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you
provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT
COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES,
OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND
THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED
BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS,
OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice.
In the event of cancellation or termination, you are no longer authorized to access the part of the
Site affected by such cancellation or termination. The restrictions imposed on you with respect to material
downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Additional
This agreement constitutes the entire agreement between us and you with respect to the subject matter
contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications,
written oral. You also may be subject to additional terms and conditions that may apply when you use the products or
services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms
and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and
construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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