This website (the “Site”) and all materials, information, documents, animations, software, files, text, graphics, designs, images, photographs, videos, audio clips, illustrations, names, logos, trademarks, service marks, communications and products on the Site (collectively “Materials”) are provided to you by Wilde City Press, LLC (“WCP”). By using this Site, and by purchasing, downloading, installing, or using any Materials, you agree to comply with and be bound by the following Terms and Conditions of Use that govern your use of the Site and your relationship with WCP. If you do not agree to these Terms and Conditions of Use, do not access this Site. Your use of this Site indicates that you accept these Terms and Conditions of Use. The term “us” or “we” or “our” in these Terms and Conditions of Use refers to WCP. The term “you” refers to the user or viewer of this Site.
This Site and the Materials displayed on or contained within this Site are the property of WCP or its licensors and are protected by copyright, trademark and other intellectual property rights, laws and treaties. You are strictly prohibited from copying, distributing, using, or publishing any portion of this Site or the Materials except as authorized in these Terms and Conditions of Use.
For each product that you purchase from WCP through this Site, including by electronic download (“Products”), WCP grants you a non-exclusive, non-transferable, revocable license to for personal, noncommercial purposes; provided that you maintain all copyright and other notices contained in such Product. Such limited license does not authorize you to reproduce, modify, create derivative works from, sell, rent, lease, lend, transfer or sublicense any Products to any third party without the express prior written consent of WCP.
For all other Materials on the Site, WCP grants you a personal, non-exclusive, non-transferable, revocable license to use and display such Materials for noncommercial and personal use only, provided that you maintain all copyright and other notices contained in such Materials. Such limited license does not authorize you to reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, lend, transfer, sublicense or broadcast such Materials to any third party without the express prior written consent of WCP.
By using this Site or purchasing Products from this Site, you will not acquire any ownership interest in the Site, Materials or Products.
RESTRICTIONS ON USE
You agree not to remove, alter or change any copyright notice or other proprietary notice contained in the Site, Materials and Products. You agree not to remove, decompile, disassemble or reverse engineer any Site software, or disassemble, decompile, reverse engineer, modify or otherwise reduce the computer file in which the Materials and Products are stored to a human-readable form. You agree not to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Materials and Products are contained, or attempt to do so. You further agree not to use the Site, Materials or Products in any manner that violates applicable state, federal or international law, or the intellectual property or other rights of WCP or any third parties. Unauthorized use of the Site, Materials or Products may subject you to civil liability, damages claims and/or criminal penalties.
THIRD-PARTY PRODUCTS, SERVICES AND WEBSITES
This Site may mention third-party products and services, or contain links to third-party websites. WCP makes no recommendations or endorsements about such products, services and websites. Any content contained on such third-party websites is solely the content of the website owner, and WCP does not endorse such content or assume any liability for such content.
THIS SITE, THE MATERIALS AND PRODUCTS ARE PROVIDED “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. WCP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, AND ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION. WE MAKE NO WARRANTIES THAT THE SITE, MATERIALS AND PRODUCTS WILL BE FREE OF BUGS, ERRORS AND PROBLEMS, OR THAT WE WILL CORRECT ANY DEFECTS. NO ORAL OR WRITTEN ADVICE OR INFORMATION OBTAINED BY YOU FROM US SHALL CREATE A WARRANTY OR REPRESENTATION. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WE SHALL HAVE NO LIABILITY IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY MATERIALS OR PRODUCTS, INCLUDING WITHOUT LIMITATION LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless WCP, its members, employees, agents, licensees, representatives, successors, assigns and affiliates from and against all claims, loss, liability, injury, damage, costs and expenses (including attorney fees) arising out of or in connection with (a) your breach of these Terms and Conditions of Use, and (b) your use of the Site, Materials and Products.
AMENDMENTS AND MODIFICATIONS
These Terms and Conditions of Use shall be effective until terminated by WCP. WCP reserves the right to terminate these Terms and Conditions of Use and/or your right to use this Site at any item in our sole discretion. These Terms and Conditions of Use shall survive the termination thereof or of your right to use the Site, for any reason.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to its conflict of law provisions, and the United States of America. Any dispute under or in connection with these Terms and Conditions of Use or your use of the Site shall be subject to, and you hereby submit to, the exclusive jurisdiction of and the personal jurisdiction within the state and federal courts within Greene County, Missouri. In the event WCP is required to bring any action at law or in equity against you to enforce any of the terms hereof and prevails, you agree to pay to WCP all costs, fees and expenses, including reasonable attorney fees, incurred by WCP in connection with such action.
These Terms and Conditions of Use constitute the entire agreement between you and WCP with regard to the matters set forth herein, and supersede all prior representations and agreements, oral or written. The subject headings of the paragraphs and subparagraphs of these Terms and Conditions of Use are included for the purpose of convenience only and shall not affect the construction or interpretation of any of its provisions. If any provision of these Terms and Conditions of Use is adjudged by any court of law to be void or unenforceable, in whole or in part, such adjudication shall not be deemed to affect the validity of the remainder of the Terms and Conditions of Use, including any other provision, paragraph, or subparagraph. Each provision, paragraph, and subparagraph of these Terms and Conditions of Use is separable from every other provision, paragraph, and subparagraph and constitutes a separate and distinct covenant.
The failure in one or more instances of WCP to insist upon performance of any of the terms, conditions and covenants set forth in these Terms and Conditions of Use, or the failure of WCP to exercise any right or privilege conferred herein, shall not be construed thereafter as waiving its right to insist upon the performance of such terms, conditions and covenants or the right to exercise such rights and privileges, which rights shall continue and remain in full force and effect as if no forbearance had occurred.
You may not assign your rights or obligations under these Terms and Conditions of Use without the prior written consent of WCP. Any attempted assignment or transfer without such prior written consent from WCP shall be null and void. These Terms and Conditions of Use shall be binding on, and shall inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and permitted assigns.
Last modified April 2013.