Terms of Service for Maddcow.com
Maddcow.com Terms & Conditions
Last modified: August 31, 2010
READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS SITE AND/OR ANY Maddcow.com (AND ANY OR ALL ALIAS SITES) SERVICE SHALL MEAN THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE AND DO NOT UTILIZE THE SERVICES OFFERED BY Maddcow.com.
For purposes herein, you or your shall be any person accessing this web site or utilizing any of the services offered by Maddcow.com including the parent(s) or legal guardian(s) of a minor who utilizes the services of Maddcow.com for the benefit of such minor.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to Maddcow.com. Maddcow.com and its affiliates provide their services to you subject to the following Terms and Conditions (Terms and Conditions). If you visit or shop at Maddcow.com, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future Maddcow.com service (e.g., Your Profile, Virtual Character, and Virtual Credits) or visit or purchase from any business affiliated with Maddcow.com, whether or not included in the Maddcow.com web site, you also will be subject to the guidelines and conditions applicable to such service or business.
2. DESCRIPTION OF SERVICE
Maddcow.com provides users with access to a rich collection of resources, including online entertainment, shopping services, search services, and personalized content which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Maddcow.com to provide the Service. You also understand and agree that the Service may include certain communications from Maddcow.com, such as service announcements, and administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them while sustaining an account with Maddcow.com. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms and Conditions. You understand and agree that the Service is provided "AS-IS" and that Maddcow.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Maddcow.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Maddcow.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Please review our Privacy Notice, which also governs your visit to Maddcow.com, to understand our practices.
5. ELECTRONIC COMMUNICATIONS
When you visit Maddcow.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Maddcow.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Maddcow.com and protected by U.S. and international copyright laws. All software used on this site is the property of Maddcow.com or its software suppliers and protected by United States and international copyright laws.
Maddcow.com, and other Maddcow.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Maddcow.com, LLC. or its affiliates in the U.S. and/or other countries. Maddcow.com's trademarks and trade dress may not be used in connection with any product or service that is not Maddcow.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Maddcow.com. All other trademarks not owned by Maddcow.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Maddcow.com or its affiliates.
8. LICENSE AND SITE ACCESS
Maddcow.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, reverse engineer it, or any portion of it, except with express written consent of Maddcow.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All images, electronic media, and electronic data contained within this site are copyright by Maddcow.com or artists and companies affiliated with Maddcow.com. All rights are reserved. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Maddcow.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Maddcow.com and our affiliates without express written consent of Maddcow.com and our affiliates. You may not use any meta tags or any other "hidden text" utilizing Maddcow.com's name or trademarks without the express written consent of Maddcow.com. Any unauthorized use terminates the permission or license granted by Maddcow.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Maddcow.com so long as the link does not portray Maddcow.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Maddcow.com logo or other proprietary graphic or trademark as part of the link without express written permission.
9. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may purchase items/products from Maddcow.com only with involvement of a parent or guardian. Maddcow.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, invalidate aquired virtual credits, or cancel orders in their sole discretion. Maddcow.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.
10. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Maddcow.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, including but not limited to text, photographs, graphics, audio and video, and unless we indicate otherwise, you grant Maddcow.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Maddcow.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Maddcow.com or its affiliates for all claims resulting from content you supply. Maddcow.com has the right but not the obligation to monitor and edit or remove any activity or content. Maddcow.com takes no responsibility and assumes no liability for any content posted by you or any third party.
11. INTERSTATE NATURE OF COMMUNICATIONS ON Maddcow.com NETWORK
When you register with Maddcow.com, you acknowledge that in using Maddcow.com services to send electronic communications, you will be causing communications to be sent through Maddcow.com's computer networks, portions of which are located in Tennessee and other locations in the United States. As a result, and also as a result of Maddcow.coms network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms and Conditions, you acknowledge that use of the service results in interstate data transmissions.
You agree to indemnify and hold Maddcow.com and its owners, subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another.
13. RISK OF LOSS
Non virtual items purchased from Maddcow.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
14. Virtual Goods and Services
The Service may include a virtual, in-game currency ("Virtual Currency") including, but not limited to credits, cash, or points, that may be purchased from Maddcow.com for "real world" money. All Virtual currency or virtual items purchased from Maddcow.com have no real cash value. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
Maddcow.com has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Maddcow.com shall have no liability to you or anyone for the exercise of such rights.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Maddcow.com's sole and absolute discretion, or if Maddcow.com discontinues providing the Service.
15. PRODUCT DESCRIPTIONS
Maddcow.com and its affiliates attempt to be as accurate as possible. However, Maddcow.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Maddcow.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our web site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold by Maddcow.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Maddcow.com. Your purchases from third-party sellers using Maddcow.com Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Maddcow.com AND ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Maddcow.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
Maddcow.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Maddcow.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Maddcow.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Maddcow.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this agreement.
21. APPLICABLE LAW
By visiting Maddcow.com, you agree that the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Maddcow.com or its affiliates.
Any dispute relating in any way to your visit to Maddcow.com or to products you purchase through Maddcow.com shall be submitted to confidential arbitration in Murfreesboro, Tennessee, except that, to the extent you have in any manner violated or threatened to violate Maddcow.com's intellectual property rights, Maddcow.com may seek injunctive or other appropriate relief in any state or federal court in the state of Tennessee, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
23. SITE POLICIES, AND MODIFICATION
Please review our other policies, posted on this site. These policies also govern your visit to Maddcow.com. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Maddcow.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We also, reserve the right to make changes to our site, and policies, at any time.
You agree that Maddcow.com may, under certain circumstances and without prior notice, immediately terminate your Maddcow.com account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Maddcow.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Maddcow.com's sole discretion and that Maddcow.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
25. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Maddcow.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other web sites or resources. Because Maddcow.com has no control over such sites and resources, you acknowledge and agree that Maddcow.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Maddcow.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
27. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
It is Maddcow.coms policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Maddcow.com and/or others.
28. GENERAL INFORMATION
Entire Agreement. The Terms and Conditions constitutes the entire agreement between you and Maddcow.com and governs your use of the Service, superseding any prior agreements between you and Maddcow.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Maddcow.com services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of Maddcow.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Maddcow.com account is non-transferable and any rights to your Maddcow.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.