BECAUSE THESE TERMS AND CONDITIONS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
The Web Site and Services are services made available by MegaCynics Inc. The information and/or content available in or on, or accessed or downloaded through or from, the Services ("Content") is made available solely as a convenience to you for general entertainment purposes only and are not intended to provide specific commercial, financial, investment, accounting, tax, legal, or lifestyle advice. The Services and all Content is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.
You agree that all risk associated with the use of, or reliance on, any of the Content contained in the Services rests with you. You further agree that We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Content.
You are granted a non-transferable, non-exclusive, revocable license to:
Your license to access and use the Services is subject to the following restrictions and prohibitions on use ("User Conduct and Obligations"). You agree that you shall not:
1. upload, post, transmit, share or otherwise make available through, or to, the Services any content that:
2. reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited Permitted Uses, all or any portion of the Services or any Content retrieved therefrom;
3. disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks;
4. provide false information about yourself to Us, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;
5. upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, bulk e-mail, or duplicative messages;
6. use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or images;
7. use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED;
8. provide access to or use of any portion of the Services through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by Us;
9. redistribute any Content, including but not limited to artwork and comics, in any manner whatsoever including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited Permitted Uses;
10. use any Content, including but not limited to artwork and comics, for any purpose competitive with Our businesses;
11. present, archive, cache, frame, scrape, or mirror any Content from any part of the Services within another web site, except with express written permission from Us;
12. remove, obscure, or alter any notice of Our intellectual property rights present on or in the Services, including but not limited to copyright, trademark, and/or patent notices,
13. copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the network and/or computer architecture, except as permitted by mandatory rules of applicable law that cannot be disapplied by contract;
14. remove, disable, defeat, or change any functionality or appearance of the Services or intentionally alter the format in which artwork and comics are provided by Us or otherwise circumvent the Services' regular interfaces to such data; and
15. embed or import any Content in, on, or through the Services into any information services (whether or not web-based), data files, or application software, except as specifically permitted in writing by Us.
The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, graphics, artwork, or other information from the Services, in any manner or in any quantities not authorized in writing by Us.
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEGACYNICS, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. MEGACYNICS DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:
ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. MEGACYNICS DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MEGACYNICS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. MEGACYNICS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, MEGACYNICS' SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00.
You acknowledge and agree that We reserve the right, in Our sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Content, or technical specifications with or without notice to you, and that We will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
MEGACYNICS, MEGACYNIC, the MegaCynics logo, the circular "Steve and Ash" logo, and other identifying marks of MegaCynics are and shall remain the trade-marks and trade names and exclusive property of MegaCynics Inc., and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in the Services, including without limitation text, artwork, comics, photographs, videos, and blog posts is the copyrighted property of MegaCynics and is protected by international copyright law. The Content may be used by you only for your personal, non-commercial use as expressly provided for in the Permitted Uses and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by Us.
You acknowledge and agree that your correspondence and business dealings with any third parties, including any merchants or advertisers, found on or accessed through the Services, including payment for and delivery of any related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between you and such third parties. You understand and acknowledge that some of the services accessible through the Services are provided by third parties and may make use of the Our trademarks, logos, and/or other identifying marks of MegaCynics, (including, but not limited to, merchandising services made available through Printfection LLC) and that in certain instances, We may receive referral fees and/or other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or services found on or accessed through the Services. YOU ACKNOWLEDGE THAT IN SUCH DEALINGS WITH THIRD PARTIES, MEGACYNICS IS NOT THE SELLER OR PROVIDER AND YOUR AGREEMENT OF PURCHASE OR FOR SERVICES WITH SUCH THIRD PARTY IS SOLELY BETWEEN YOU AND THE THIRD PARTY, AND NOT MEGACYNICS. MEGACYNICS ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES, LOSSES OR LIABILITIES YOU, OR ANY USER OF YOUR ACCOUNT, INCURS WHEN MAKING PURCHASES, DEALING WITH OR COMPLETING TRANSACTIONS WITH SUCH THIRD PARTIES. By accessing third party services through the Services, you hereby authorize such third party service providers to provide Us with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.
Hypertext links or pointers to third party web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of: