Written by Nathaniel Stevens
Published: 26 March 2008
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Digital Chumps and Gloomy Tree Productions. The collective work includes works that are licensed to Digital Chumps and Gloomy Tree Productions. Copyright 2008, Digital Chumps and Gloomy Tree Productions ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Digital Chumps and Gloomy Tree Productions or purchasing Digital Chumps and Gloomy Tree Productions products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Digital Chumps and Gloomy Tree Productions or to purchase Digital Chumps and Gloomy Tree Productions products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Digital Chumps and Gloomy Tree Productions. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Digital Chumps and Gloomy Tree Productions used in the site are trademarks or registered trademarks of Digital Chumps and Gloomy Tree Productions
No Sale of Information.
Purpose and Applicability.
No Unsupervised Minors.
Cookies and Collection of User Information.
Users may browse and read general Digital Chumps content without revealing Personal Information other than default information customarily logged by Digital Chumps and its host server. Gloomy Tree Productions, Digital Chumps and the host server may automatically collect information from all Users who access Digital Chumps, including without limitation:
(a) Date and time of access;
(b) The originating IP address from which User accessed Digital Chumps;
(c) The Internet address of third-party Websites from which User accessed or linked to Digital Chumps; and
(d) Pages and portions of Digital Chumps the User views or accesses.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Digital Chumps and Gloomy Tree Productions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Digital Chumps and Gloomy Tree Productions does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Digital Chumps and Gloomy Tree Productions does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Digital Chumps and Gloomy Tree Productions shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Digital Chumps and Gloomy Tree Productions has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Digital Chumps and Gloomy Tree Productions product is mistakenly listed at an incorrect price, Digital Chumps and Gloomy Tree Productions reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Digital Chumps and Gloomy Tree Productions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Digital Chumps and Gloomy Tree Productions shall issue a credit to your credit card account in the amount of the incorrect price.
Digital Chumps and Gloomy Tree Productions may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Digital Chumps and Gloomy Tree Productions.
Your use of this site shall be governed in all respects by the laws of the state of Kentucky, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Digital Chumps and Gloomy Tree Productions products) shall be in the state or federal courts located in Fayette County, Kentucky or Jefferson County, Kentucky. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Digital Chumps and Gloomy Tree Productions products) must be commenced within one (1) year after the claim or cause of action arises. Digital Chumps and Gloomy Tree Productions's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Digital Chumps and Gloomy Tree Productions may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Digital Chumps and Gloomy Tree Productions or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Digital Chumps and Gloomy Tree Productions does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Digital Chumps and Gloomy Tree Productions is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Digital Chumps and Gloomy Tree Productions reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Digital Chumps and Gloomy Tree Productions in its sole discretion.
You agree to indemnify, defend, and hold harmless Digital Chumps and Gloomy Tree Productions, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Collection of Personal Information at Account Creation.
Users who register for a personal account must provide Gloomy Tree Productions and Digital Chumps with a valid e-mail address and other identifying Personal Information. Gloomy Tree Productions and Digital Chumps may use this Personal Information from time to time in order to contact Users for purposes of updating required information and providing important information about (a) services offered by Gloomy Tree Productions and Digital Chumps (b) changes to Gloomy Tree Productions and Digital Chumps policies, rules, procedures and practices and (c) User's personal account. Gloomy Tree Productions and Digital Chumps do not and will not sell or disclose User names or e-mail addresses to third parties and do not engage in "spamming" or other unsolicited e-mail contact for purposes of marketing, advertising or sales.
Nondisclosure of Private Information.
User Access to Personal Information.
Each User may access his or her own Personal Information and account information for the limited purposes of viewing, verifying, altering or updating Personal Information provided to Gloomy Tree Productions and Digital Chumps. Gloomy Tree Productions and Digital Chumps reserve the right to keep copies of all information provided to Gloomy Tree Productions and Digital Chumps.
Links to Websites.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Digital Chumps and Gloomy Tree Productions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.