Last Revised: April 27, 2012
This agreement is a legally binding agreement between you and Company.
1. Ownership; Use of THE SITES
1. Use of the Sites. Your use of the Sites is at your own risk, including the risk that you might be exposed to content (as defined hereunder) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You assume all risks associated with your use of the content, including anyone's reliance on its quality, accuracy, or reliability.
2. Ownership. The Sites may contain content provided by us, our partners, affiliates or licensors (collectively “Company Content”). We and/or our partners, affiliates or licensors own and retain all proprietary rights in the Company Content and we own and retain all property rights in the Sites and any Marks (as defined hereunder) associated therewith. Company does not grant anyone a right or license into the Site(s), the Mark(s) or any content associated therewith. You may not use any of the foregoing without Company’s prior written consent.
3. Copyright/Trademark Information. All rights are reserved by Company. You acknowledge that all the intellectual property rights in the Sites are owned by Company, its partners, affiliates or licensors. Toxic Martian Productions is owned and registered by CMT & Associates, LLC. Any trademarks, logos and service marks (“Marks”) displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. You agree not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Sites, the Company Content or the Marks and (b) rent, lease, loan, or sell access to the Sites.
2. Third-Party Websites
The Sites may contain links to third-party websites (“Third-Party Websites”), placed by us as a service to those interested in this information. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Websites. When you leave the Sites, our terms and policies no longer govern.
3. Copyright Policy
If you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) an identification of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Mail such information to:
CMT & Associates, LLC
Attn: Copyright Agent
5419 Hollywood Blvd, C 179
Los Angeles, CA 90027
We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or wireless networks or at the Sites or combination thereof, including any injury or damage to you or to any person's computer, cell phone or tablets related to or resulting from participation or downloading materials in connection with the Sites. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Sites.
The Sites are provided “As-Is” and as available. To the maximum extent permitted by applicable law, we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Sites will meet your requirements; (b) the Sites will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Sites will be accurate or reliable. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION, RATINGS, REVIEWS OR ANY OTHER CONTENT POSTED ON THE SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF WORKBUZZ SHALL CREATE A REPRESENTATION OR WARRANTY.
5. Limitation on Liability
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. To the maximum extent permitted by applicable laws, we are not liable to you or any third party for: (i) loss profit; (ii) reputational harm; (iii) loss of data or information; and (iv) any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Sites, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our maximum aggregate liability to you for any damages arising from or related to your use of the Sites (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (i) fifty U.S. Dollars ($50); or (ii) the amounts (if any) you paid to us in the twelve (12) months prior to the accrual of the claim.