General Terms of Use
Overview
Your use of and access to the MastersInCreation.com website (“Masters in Creation Site”) provided by Masters in Creation Entertainment, LLC, d.b.a. Masters in Creation Entertainment (“Masters in Creation”) shall be subject to and governed by the terms and conditions set forth herein and by accessing the Masters in Creation Site you agree to be bound by the terms and conditions contained herein. “You” refers to any individual who uses or accesses the Masters in Creation Site, or, if the Masters in Creation Site is being used or accessed on behalf of an entity by an individual authorized to do so on behalf of such entity, then “You” refers to such entity. Carefully read and review the notices, disclaimers, limitations, terms, provisions and conditions set forth herein below.
Disclaimer and Limitation of Liability
Masters in Creation Site makes no representations or warranties, either express or implied, arising by law or otherwise, of any kind with respect to the content appearing on the Masters in Creation Site, including the accuracy, completeness, results, truthfulness, timeliness or usefulness thereof. Masters in Creation and its licensors (and their licensors and suppliers) expressly disclaim all warranties, expressed or implied, of any kind with respect to the Masters in Creation Site and the compatibility of your equipment, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. You agree that Masters in Creation, its directors, officers, employees, or other representatives, as well as any third party providers shall not be liable for damages arising from your use or reliance on the Masters in Creation Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Intellectual Property Rights
The content on the Masters in Creation Site, including without limitation, audio, text, graphics, skins, and icons (“Content”) and the trademarks and logos (“Marks”), are owned by or licensed to Masters in Creation. Content on the Masters in Creation Site are provided to you “as is” for your information and non-commercial use only and may not be used for any other purpose without our prior written consent. We reserve all rights not expressly granted to you. You agree not to circumvent, disable or otherwise interfere with security-related features of the Masters in Creation Site. Masters in Creation makes no representations or warranties regarding the accuracy or completeness of the information provided by the Masters in Creation Site. The use of any Marks without Masters in Creation’s express written consent is strictly prohibited. You agree to attribute Masters in Creation as the creator and source of origin of the Content. All representations of the Content must include a clearly readable copyright notice acknowledging Masters in Creation Entertainment, LLC as the copyright holder. You agree to include any additional copyright notices as may be requested from time to time by Masters in Creation.
Third Party Content
You further acknowledge that the Masters in Creation Site being provided under these Terms of Use may be subject to certain restrictions and limitations set forth in certain license agreements to which Masters in Creation is subject (“Third Party Licenses”). Masters in Creation reserves the right, at any time, to add additional restrictions required under any Third Party Licenses.
The Masters in Creation Site may contain links to third party websites that are not owned or controlled by Masters in Creation. Masters in Creation assumes no responsibility for any third party website, and you release Masters in Creation from any liability arising from your use thereof.
No Unlawful or Prohibited Use
As a condition of your use of the Masters in Creation Site you warrant to Masters in Creation that you will not use any information derived therefrom for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Masters in Creation Site contains trade secrets and in order to protect them, you may not decompile, reverse engineer, disassemble, or otherwise reduce the content appearing on the Masters in Creation Site to a human perceivable form. You may not use any robot, spider, sitesearch/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Masters in Creation Site or its content. You may not record, process, or mine information about other users. You may not attempt to gain unauthorized access to the computer systems or networks connected to the Masters in Creation Site through hacking or any other means. You may not use any device software or routine that interferes with the proper working of the Masters in Creation Site, or otherwise attempt to interfere with the proper working of the Masters in Creation Site.
Compliance with Laws
You agree to comply with all applicable laws in your use and reliance on the Masters in Creation Site.
Indemnification
You shall indemnify and hold harmless Masters in Creation its affiliates, shareholders, employees for any damages or claims of third parties attributable to (a) your reliance on the Masters in Creation Site or any third party that uses or relies on any deliverables created with the Masters in Creation Site, (b) your failure to perform or comply with any term of these Terms of Use, or (c) any claim resulting from any data or instructions provided by you to Masters in Creation or any third party.
General
You acknowledge that you have read and understand these Terms of Use, and that by using the Masters in Creation Site you agree to be bound by these Terms of Use. You further agree that these Terms of Use is the complete and exclusive statement of these Terms of Use between Masters in Creation and you which supersedes any proposal or prior agreement, oral or written, and any other communication between Masters in Creation and you relating to the subject matter of these Terms of Use. No variation of the terms of these Terms of Use or any different terms will be enforceable against Masters in Creation unless Masters in Creation gives its express consent, including an express waiver of the terms of these Terms of Use, in a writing signed by an officer of Masters in Creation Entertainment, LLC. These Terms of Use shall be governed by Oregon law except as to copyright matters which are covered by Federal law. These Terms of Use are deemed entered into at Los Angeles, California, by both parties. Should any provision of these Terms of Use be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from these Terms of Use and shall not affect the remainder hereof. You shall be responsible for any attorneys’ fees incurred by Masters in Creation in enforcing any obligation hereunder.