The Terms and Conditions (“Terms”) contained herein on this webpage, shall govern your use of this website, affiliated social media accounts and publications, including all pages within this website (collectively referred to herein below as this “Marketing Materials”) operated by CCD (“us”, “we”, or “our”). These Terms apply in full force and effect your use of our Marketing Materials and by using these Marketing Materials, you expressly accept all terms and conditions contained herein in full. You must not use these Marketing Materials, if you have any objection to any of these Terms and Conditions.
These Marketing Materials are not for use by any minors (defined as those who are not at least 18 years of age), and you must not use these Marketing Materials if you a minor. By using these Marketing Materials you are agreeing to the Terms and Conditions and warrant that you are at least 18 years of age.
Intellectual Property Rights
Other than content you own, which you may have opted to include on these Marketing Materials, under these Terms, CCD and/or its licensors own all rights to the intellectual property and material contained on these Marketing Materials, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and other Marketing Materials. Use, reproduction, modification, distribution or storage of any content for other than personal, non-commercial use is expressly prohibited without prior written permission from CCD, or from the copyright holder identified in such content’s copyright notice, as applicable.
You are expressly and emphatically restricted from all of the following:
1. publishing any Marketing Materials in any media;
2. selling, sublicensing and/or otherwise commercializing any Marketing Materials;
3. publicly performing and/or showing any Marketing Materials;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and CCD may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material displayed on these Marketing Materials. With respect to Your Content, by displaying it, you grant CCD, a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. CCD reserves the right to remove any of Your Content from these Marketing Materials at any time, and for any reason, without notice.
Marketing Materials are provided “as is,” with all faults, and CCD makes no express or implied representations or warranties, of any kind related to these Marketing Materials or the content contained on these Marketing Materials. Additionally, nothing contained on these Marketing Materials shall be construed as providing consult or advice to you.
Limitation of liability
You assume all responsibility and risk with respect to your use of the Marketing Materials. You understand and agree to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements whether expressed or implied with regard to the Marketing Materials including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We do not warrant use of the site will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious activity or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Marketing Materials. We have no duty to update or modify the service and we are not liable for the failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, on connection with or arising from the Marketing Materials, the use of the Marketing Materials or our agreement with you concerning the Marketing Materials, including but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of one hundred dollars (US $100.00). Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so the above limitation or exclusion may not apply to you. If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.
You hereby indemnify to the fullest extent CCD, from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
CCD is permitted to revise these “Terms” at any time as it sees fit, and by using this Website & Marketing Materials you are expected to review such “Terms” on a regular basis to ensure you understand all terms and conditions governing use of Marketing Materials.
CCD is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on these Marketing Materials, constitute the entire agreement between CCD and you in relation to your use of these Marketing Materials, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Washington, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Washington for the resolution of any disputes.