Last Updated 9/28/12
THESE TERMS OF USE (“TERMS OF USE”) DESCRIBE THE CONDITIONS UNDER WHICH KILLMAIDEN’S AND JAMES A. SHAPIRO (“WE”, “US” OR “KILLMAIDEN’S”) OFFER YOU (“YOU” OR A “USER”) ACCESS TO THE KILLMAIDEN’S COMPENDIUM OF UNCOMMON OCCURRENCES WEBSITE (THE “KILLMAIDEN’S WEBSITE”), AND THE SERVICES AVAILABLE ON THE KILLMAIDEN’S WEBSITE (THE “SERVICES”). BY ACCESSING AND USING THE KILLMAIDEN’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, AS AMENDED FROM TIME TO TIME BY KILLMAIDEN’S IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MAY NOT USE THE KILLMAIDEN’S WEBSITE OR THE SERVICES.
- Acceptance of Terms of Use.
This agreement constitutes a legally binding agreement between you and Killmaiden’s. By accessing or using the Killmaiden’s Website or the Services, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and the terms of our Privacy Statement (the “Privacy Statement”), which is incorporated into these Terms of Use. If you do not agree to these Terms of Use, you may not use the Killmaiden’s Website or the Services. You should check these Terms of Use and the Privacy Statement periodically. By posting updated versions of these Terms of Use and/or the Privacy Statement on the Killmaiden’s Website, or otherwise providing notice to you, Killmaiden’s may modify these Terms of Use, the Privacy Statement or any Services in its sole discretion. All changes will become effective upon the posting of revisions on the Killmaiden’s Website or upon your receipt of notice from Killmaiden’s. By accessing or using the Killmaiden’s Website or these Services after these Terms of Use and/or the Privacy Statement are revised, you accept those revisions.
- User Requirements.
Users must be at least thirteen (13) years of age to use the Killmaiden’s Website without permission from their parents. By using the Killmaiden’s Website and/or the Services without getting permission from your parents, you promise that you are not less than thirteen (13) years of age. We may terminate your use of the Killmaiden’s Website without warning if we have reason to believe you are less than thirteen (13) years of age and have not obtained your parents permission. If you are under thirteen (13) years old, and want to use the site or provide us with any information, you must provide us with your parents email address so that we can contact them for approval. You will see a message box pop up for this purpose, and you should use it if you are less than thirteen (13) years old. - Use of Wireless Devices.
You understand and agree that texting and mobile services are provided via wireless systems that use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use, or any User’s use, of such features will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Killmaiden’s Website and/or the Services. - Acceptable Use.
a. For any information, text or pictures you provide to the Killmaiden’s Website, you agree to remain solely responsible, and agree to not submit or otherwise communicate materials that are unlawful, defamatory, abusive, harassing or obscene, or that will result in injury, damage or harm of any kind to any person or entity. You also agree that you will not communicate anything to the Killmaiden’s Website that violates any right of a third party, including copyright, trademark, privacy or other personal or proprietary right (for example, the logos of a company or someone else’s artwork or pictures).
b. You will not post, disclose or otherwise make available, personally identifiable information of someone else in any information you provide in connection with the Killmaiden’s Website, unless you have permission to do so. - Prohibited Content and Activities.
a. You agree that while using the Killmaiden’s Website you will not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into the Killmaiden’s Website, or use, redistribute, reuse, republish, repurpose, or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Killmaiden’s Website.
b. You agree that you will not:
(i) Engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of data retrieval, obtaining lists of users or other information from the Killmaiden’s Website, including without limitation any information residing on any server or database connected to the Killmaiden’s Website or the Services;
(ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means;
(iii) use the Killmaiden’s Website or the Services in any manner that could damage, disable, overburden, or impair the Killmaiden’s Website or interfere with any other party’s use and enjoyment of the Killmaiden’s Website or the Services;
(iv) remove, conceal, edit, copy or otherwise alter any trademark, copyright or other proprietary rights notice or any other mark or source identifier included in any content or features made available on or through the Killmaiden’s Website or the Services (for example, in any free chapters provided for reading);
(v) attempt (or assist anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Killmaiden’s Website, or any content on the Killmaiden’s Website, bypass our tools or services to interfere or attempt to interfere with the proper working of the Services or instruct or authorize any third party to do so, or make any unauthorized use thereof; or
(vi) transmit, or otherwise introduce, any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the Killmaiden’s Website. - Termination, Disabling Access and Removing Content.
a. Killmaiden’s may terminate these Terms of Use at any time for any reason. Killmaiden’s may also, in its sole discretion, and at any time, suspend or discontinue providing the Services or access to the Killmaiden’s Website, or any part thereof.
b. You agree that any termination or suspension of your access to the Killmaiden’s Website or the Services under any provision of these Terms of Use may be effected without prior notice.
c. Killmaiden’s reserves the right to intercept, block, restrict or suspend access to and remove content from the Killmaiden’s Website to prevent harm to the Killmaiden’s Website, or the Services, or if it believes that you have violated any laws, regulations or terms and conditions of these Terms of Use, without prior notice and in Killmaiden’s’ sole discretion. - Proprietary Rights.
a. These Terms of Use are for access to the Killmaiden’s Website and use of the Services, and you are not granted any right or license in or to any Killmaiden’s intellectual property, or that of the author James A. Shapiro, including without limitation, any text, artwork, logos or trademarks. You are prohibited from using, reproducing, copying, in whole or in part, distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of the Killmaiden’s Website.
b. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Killmaiden’s Website, the Services, any code, data and materials incorporated in the Killmaiden’s Website, the look and feel, design and organization of the Killmaiden’s Website and the Services, all the content other than User Content, and the compilation of the content, code, data, and materials on the Killmaiden’s Website and the Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. - Trademarks, Copyrights and Copies.
The trademarks, service marks, logos and trade dress of Killmaiden’s and/or the author, James A. Shapiro, used on the Killmaiden’s Website are the intellectual property of Killmaiden’s and/or author James A. Shapiro (collectively "Marks"). All third party trademarks on the Killmaiden’s Website are the property of their respective owners and are used under applicable law or with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Killmaiden’s or author James A. Shapiro. Those uses that are authorized must comply with Killmaiden’s' trademark usage guidelines. The images, text, organization and layout (collectively "Materials") of the Killmaiden’s Website, including any images and text contained therein, are the exclusive property of Killmaiden’s or author James A. Shapiro, and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions, Killmaiden’s does not authorize any downloading, distribution or republication of any Materials on or from the Killmaiden’s Website, without prior written permission. Killmaiden’s will enforce its intellectual property rights to the fullest extent permitted under the law. - Third Party Content, Sites and Products/Services.
a. The Killmaiden’s Website will provide links to other web sites belonging to our advertisers and other third parties (“Third Party Sites”). Killmaiden’s does not endorse, warrant or guarantee the products or services available through Third Party Sites, whether or not sponsored, and Killmaiden’s is not an agent or broker or otherwise responsible for the activities or policies of Third Party Sites. Killmaiden’s does not guarantee that offers from any particular third party are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms available. You are solely responsible for any and all consequences of any such activities, transactions, and relationships that you may conduct or form with or through any such Third Party Sites. Any purchases that you make from Third Party Sites are made at your own risk. You agree that we have no responsibility or liability for such purchases and/or transactions.
b. You agree that Third Party Sites are not under our control, and links to other websites are provided solely for your convenience. You further agree that when you leave the Killmaiden’s Website by any means, including when you click on a button or other link that leaves the Killmaiden’s Website, the website you will land on contains different terms of use and privacy policies that apply.
c. You further agree that Killmaiden’s may terminate any Third Party Site’s ability to interact with the Killmaiden’s Website or the Services at any time, with or without notice, and in Killmaiden’s’ sole discretion, with no liability to you or to any Third Party Site. - Indemnification.
You agree to indemnify and hold harmless James A. Shapiro, Killmaiden’s, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims, demands, action, suit or other proceeding, and from any and all damages, losses, liabilities costs and expenses (including, without limitation, court costs and reasonable fees of attorneys and other professionals), as incurred, arising out of your use of the Killmaiden’s Website and/or the Services, your breach of these Terms of Use, your violation of any applicable law or regulation, and/or your infringement of any intellectual property right(s). We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof. - Disclaimer and Limitation of Liability.
a. EACH OF THE KILLMAIDEN’S WEBSITE AND THE SERVICES ARE BEING PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. JAMES A. SHAPIRO, KILLMAIDEN’S, AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OR TRADE.
b. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE KILLMAIDEN’S WEBSITE OR THE SERVICES, AND OPERATION OF THE KILLMAIDEN’S WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO EVENT SHALL JAMES A. SHAPIRO, KILLMAIDEN’S, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE SERVICES OR THE KILLMAIDEN’S WEBSITE, TELECOMMUNICATIONS SYSTEMS OR THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR, OR OTHER CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND THAT IS BEYOND OUR CONTROL.
c. IN NO EVENT SHALL JAMES A. SHAPIRO, KILLMAIDEN’S OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO THE KILLMAIDEN’S WEBSITE, THE SERVICES, OR IN CONNECTION WITH THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JAMES A. SHAPIRO’S AND KILLMAIDEN’S’ MAXIMUM LIABILITY UNDER THESE TERMS OF USE SHALL BE FOR DIRECT, PROVABLE DAMAGES IN AN AMOUNT NOT GREATER THAN ANY FEES ACTUALLY PAID BY YOU IN RESPECT OF THE INTERACTION THAT IS THE SUBJECT OF THE CLAIM. - Notices.
Except as explicitly stated otherwise, any notice to Killmaiden’s shall be given by email, or in the case of notice to you, to the email address you provide to us. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. - Miscellaneous.
The validity and interpretation of these Terms of Use and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Connecticut. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated terms and conditions may be assigned by us in our sole discretion with or without notice to you. You may not assign any of your rights under these Terms of Use to any other person without our prior written consent, which will not unreasonably be withheld. Any attempt by you to assign these rights without our prior consent is void. You may not transfer to any third party any rights you may have to access the Killmaiden’s Website or use the Services. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Certain of your obligations that by their nature extend beyond the term of these Terms of Use, including your limitation of our liability and indemnification obligations, will survive the termination or expiration of these Terms of Use. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.
