PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE VIEWING MINDCANDY STUDIOS'
WEBSITE.
By using this site, you signify your assent to these terms of
use. If you do not agree to these terms of use, please do not
use the site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Mindcandy Studios™.
(Referred to as "Mindcandy Studios™,"
"we,"
"us," or "our" herein). No material from
the site may be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way, except that you may download
one copy of the materials on any single computer for your non-commercial
use only, provided that you keep intact all copyright and other
proprietary notices. Modification of the materials or use of
the materials for any other purpose is a violation of Mindcandy
Studios™ copyright and other proprietary rights.
The use of any such material on any other Web site or networked
computer environment is prohibited. Except as otherwise indicated
on this site and except for the trademarks, service marks and
trade names of other companies that are displayed on this site,
all trademarks, service marks and trade names are proprietary
to Mindcandy Studios™.
In the event that you download any software from the site, the
software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively,
the "Software") are non-exclusively licensed to you
by Mindcandy Studios™. Mindcandy Studios™
does not transfer title to the Software to you. Mindcandy
Studios™ retains full and complete title to the
Software, and all intellectual property rights therein. You
may not redistribute, sell, reverse engineer, disassemble, or
otherwise reduce the Software to a human-perceivable form.
DISCLAIMER
The
materials in this site are provided "as is" and without
warranties of any kind either express or implied. To the fullest
extent permissible pursuant to applicable law, Mindcandy
Studios™ disclaims all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. Mindcandy
Studios™ does not warrant that the functions
contained in the materials will be uninterrupted or error free,
that defects will be corrected, or that this site or the server
that makes it available are free of viruses or other harmful
components. Mindcandy Studios™ does not
warrant or make any representations regarding the use or the
results of the use of materials in this site in terms of their
correctness, accuracy, reliability, or otherwise. You (and not
Mindcandy Studios™) assume the entire
cost of all necessary servicing, repair, or correction. Applicable
law may not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence,
shall Mindcandy Studios™ be liable for
any special or consequential damages that result from the use
of, or the inability to use, the materials in this site, even
if Mindcandy Studios™ or a Mindcandy
Studios™ authorized representative has been advised
of the possibility of such damages. In no event shall Mindcandy
Studios™ have any liability to you for damages,
losses and causes of action [whether in contract, tort (including,
but not limited to, negligence), or otherwise] for accessing
this site.
OTHER
All claims, disputes or disagreements which may arise out of
the interpretation, performance or in any way relating to your
use of this site and any and all other Mindcandy Studios
site(s), shall be submitted exclusively to the jurisdiction
of the state or federal courts located in Austin in the State
of Texas, United States of America.