Welcome to www.MythBarkers.com (“Website”), a website provided by MythBarkers (“We”). Your (“You”) use of the Website is at all times subject to the following terms and conditions (“Terms”) and you are deemed to have accepted them (the “Agreement”). We encourage you to carefully read these Terms and to make sure you understand them. In the event that you do not agree to these Terms, please immediately exit the Website.
We provide the Website for promotional, informational, and entertainment purposes only. You may not rely on any information or opinions expressed on the Website for any other purpose. You agree that you will use the Website solely for your own, non-commercial, personal use in accordance with these Terms. For clarity, the Website may not be used for any unlawful, fraudulent, harassing, objectionable or other non legitimate purposes.
The Website and all content on the Website including the design, graphics, text, sounds, pictures, images, software, the MythBarkers logo, name, slogans, designs, and any and all other materials and information on the Website (collectively “Content”), and all copyrights, trademarks, service marks and other intellectual property rights, whether registered or not, in the Website and such Content, are owned or licensed by us. You may access such Content only as expressly permitted herein. No provision of the Terms and nothing contained on the Website, grants You, whether expressly, implicitly or otherwise, any license or other right to copy, disclose, distribute, retransmit, use or create derivative works of any Content without our written permission and any such exploitation such as copying, disclosure, distribution, retransmission, use, creation of derivative works is strictly prohibited.
If You elect to submit any information and/or content through the Website (if such feature is offered) or through the email addresses listed on the Website, You represent that any such information are accurate and complete in all respects, unless by its nature such information is not intended to be accurate or complete and that You are the sole owner of such information or content or have a written permission from the rightful owner to share such information or content with us through the Website or by submitting such information or content through the email addresses provided on the Website. Subject to the terms of our Privacy Policy, you grant to us an irrevocable, perpetual, worldwide, and fully paid license to copy, distribute, modify and create derivative works of all information or other content provided by You to us through the Website.
4.1 You represent, warrant, and agree that you will not:
4.2 Indemnification
You agree to indemnify and hold harmless us, our affiliates, directors, members, officers, agents and third party licensors, third-party publishers, necessary third-party platform providers, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to
You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe that any materials on this Website have been copied in violation of U.S. copyright law or otherwise used is used in a manner that constitutes copyright infringement, please reach out to MythBarkers@gmail.com and provide us with the following information:
The Website may contain links to other websites or services maintained by third parties. We do not operate or control, in any respect, such third parties websites and We don’t necessarily endorse or otherwise approve the content (including but not limited to any opinions) found on those third-party websites or services. The links are provided for your convenience and You will assume complete responsibility for your use of those third-party websites, products and services. In addition, your use of such third parties websites will be governed by their terms of use and other provisions such as their privacy policies.
For information about our data protection practices, please read our Privacy Policy available here. This policy explains how We treat your personal information, and how We protect your privacy when you use the Website. You agree to the use of your data in accordance with our Privacy Policy. The Privacy Policy is incorporated into these Terms.
8.1 NO WARRANTIES.
THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR THAT THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS OR SENDS OVER THE WEBSITE/EMAIL ADDRESSES PROVIDED ON THE WEBSITE.
8.2 DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE TERMS AND/OR THE WEBSITE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which You reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms and our Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of New York without giving effect to conflicts of law principles thereof. We make no representations that the material and information on this Website are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Website or to these Terms shall be brought exclusively in the Federal or State Courts residing in New York and Connecticut. You hereby consent and submit to personal jurisdiction in such courts for the purposes of any action relating to this Website, your access or use thereof, or these Terms, and to extraterritorial service of process.
11.1 Entire agreement
These Terms contain the entire agreement, and supersede all prior oral and written proposals, understandings and agreements, between You and us with respect to the Website and any Content.
11.2 Severability
If any provision in the Terms is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
We reserve the right to revise the Terms from time to time by posting the revised terms of service on the Website, with any revision taking effect as of the date of such posting. It is your responsibility to periodically check the Terms on the Website for such revisions. Your use of the Website following the posting of any revisions to the Terms on the Website will be deemed an irrevocable acceptance by You of such revisions.
