Copyright
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.
Trademarks
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.
Gloomy Tree Productions and Digital Chumps will not transfer, sell, trade, rent, barter or otherwise disclose personal identifying information provided by a User (“Personal Information”) except pursuant to the Terms of Use (“Terms of Use”), this Privacy Policy or written permission from the relevant User.
Purpose and Applicability.
This Privacy Policy is incorporated into and subject to the provisions of the Terms of Use. Gloomy Tree Productions and Digital Chumps have implemented this Privacy Policy to explain (a) information gathered from and about Users by Gloomy Tree Productions and Digital Chumps and potential uses of that information, (b) User options with regard to disclosure and use of Personal Information and (c) the ability of User to correct, withdraw or delete Personal Information about or belonging to User. This Privacy Policy applies only to Digital Chumps. Other Digital Websites owned by Gloomy Tree Productions and Websites owned or operated by third parties may contain similar or different privacy policies. This Privacy Policy does not apply to any person, entity, organization, or Digital Chumps to or from which Digital Chumps links or is linked. Users are strongly encouraged to read and regularly review posted privacy policies on all Websites, whether or not owned by Gloomy Tree Productions or affiliated with Digital Chumps.
No Unsupervised Minors.
Gloomy Tree Productions and Digital Chumps are concerned about safe, supervised use of the Internet by Minors. For purposes of this Privacy Policy and the Terms of Use “Minor” means any natural person under the age of eighteen (18) years. Gloomy Tree Productions and Digital Chumps do not knowingly collect information from Minors, permit Minors to register for personal accounts with Digital Chumps or permit Minors to access Digital Chumps without adult supervision and the consent of a parent or legal guardian. Use of Digital Chumps constitutes a warranty that the User (a) is not a Minor or (b) is a Minor using Digital Chumps with the full knowledge, supervision and consent of his or her parent or legal guardian. Gloomy Tree Productions and Digital Chumps strongly encourage parents and legal guardians to review the Terms of Use and other posted Digital Chumps policies, rules procedures and practices carefully and to monitor use of the Internet, including Digital Chumps, by their Minor children. Gloomy Tree Productions and Digital Chumps reserve the right to block or terminate the account access of any User suspected or determined to be a Minor using Digital Chumps without the supervision and consent of his or her parent or legal guardian.
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.
Gloomy Tree Productions and Digital Chumps collect this information through the use of Cookies. “Cookies” means text files with electronic identifiers which store and retrieve information from and about Users, permitting Digital Chumps to recognize returning Users, track use of Digital Chumps and maintain customized Internet webpages and preferences. Session Cookies expire when a User exits the Internet browser. Persistent Cookies remain on a User’s computer for a given time or until deleted. Gloomy Tree Productions and Digital Chumps use both session Cookies and persistent Cookies. The Cookies used by Gloomy Tree Productions and Digital Chumps do not collect personally identifiable information. Gloomy Tree Productions and Digital Chumps do not combine information collected from or through the use of Cookies with other Personal Information to determine the identity or email address of Users without the individual User’s express consent. Gloomy Tree Productions and Digital Chumps collect and periodically review information collected using Cookies in order to provide access to Digital Chumps and related services, to review and evaluate the popularity and functionality of Digital Chumps and related services, to establish priorities and allocate resources associated with Digital Chumps and related services and for other internal informational purposes. Gloomy Tree Productions and Digital Chumps may also use Cookies, web beacons or other programs to determine, on an anonymous basis, which portions of Digital Chumps are most frequently accessed by Users. Users who wish to create Blogs, post comments or actively use other services available through Digital Chumps may be required to provide contact, identity and other Personal Information as part of the account creation, login and posting processes. Users always have the option to choose not to use services or features which require individuals to provide specific Personal Information.
Warranty Disclaimer
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.
Typographical Errors
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.
Notice
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.
Miscellaneous
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.
Participation Disclaimer
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.
Indemnification
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.
Gloomy Tree Productions and Digital Chumps permit individual Users to register for and use personal accounts pursuant to the Terms of Use and other policies, rules, procedures and practices established, posted and modified by Gloomy Tree Productions and Digital Chumps from time to time. As part of the account creation process Gloomy Tree Productions and Digital Chumps may ask for specific Personal Information about User, including without limitation the User’s name, age, address, e-mail address, login name and password. Gloomy Tree Productions and Digital Chumps require this information in order to create and maintain a personal account for or on behalf of User and to provide User with access to certain services offered by or areas of Digital Chumps. Gloomy Tree Productions and Digital Chumps may use Cookies and other available technology to remember User preferences and customized settings, facilitate User access to Digital Chumps and verify User access to personal accounts.
E-Mail Contact.
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.
Gloomy Tree Productions and Digital Chumps will not sell or disclose the Personal Information of any User except as reasonably required (a) by law or to comply with legal process served on Gloomy Tree Productions or Digital Chumps, (b) to comply with the Terms of Use, Disclaimer, Privacy Policy and other Digital Chumps policies, rules, procedures and practices, (c) to develop, improve, operate, maintain and debug Digital Chumps or (d) to protect and defend the rights, property and personal safety of Gloomy Tree Productions, Digital Chumps, Users or members of the public.
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.
Digital Chumps may contain links to other Internet Websites (“External Links”). External Links may be provided by advertisers, Users or other third-party content providers not related to or affiliated with Gloomy Tree Productions or Digital Chumps. Gloomy Tree Productions and Digital Chumps have no control over third-parties or their Websites, whether or not those Websites link to or from Digital Chumps. This Privacy Policy, along with the Terms of Use, Disclaimer and other Digital Chumps policies, rules, procedures and practices apply only to Digital Chumps and do not apply to any External Links or linked sites. Users are advised and strongly encouraged to carefully review and understand the individual privacy policies of other Websites. Gloomy Tree Productions and Digital Chumps accept no responsibility or liability for the privacy policies or actions of third parties or for information provided to third parties, whether or not linked to or accessed through Digital Chumps.
Privacy Rights.
Personal Information and other information posted or linked to or otherwise incorporated in Digital Chumps may be owned by third parties and subject to a variety of legal rights, including without limitation privacy and publicity rights. Use of information appearing on Digital Chumps is subject to the Terms of Use and applicable law. Use of information appearing on Digital Chumps without the permission of the owner may result in liability for a variety of claims, including without limitation claims for violation of privacy rights. No person may use or commercially exploit the rights of the subject of an interview, document, article, Blog, e-mail, photograph or other form of communication, whether or not containing visual representations, without the consent of the subject, except as permitted by the Terms of Use or applicable law.
Term; Termination
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.
Coffee
Digital Chumps and Gloomy Tree Productions make no warranties that the entire page entitled, “Terms of Use & Privacy Policies” can be read without the use of a highly caffeinated beverage. Any effect that these beverages have on you are your sole responsiblity. Drink Coffee responsibly!
Changes to Terms of Use and all sections contained herein.
Gloomy Tree Productions and Digital Chumps reserve the right to change the Terms of Use and all sections contained herein; from time to time, with or without cause or prior notice. Gloomy Tree Productions and Digital Chumps will post all changes to the Terms of Use and all sections contained herein; on the site, DigitalChumps.com. Changes to the Terms of Use and all sections contained herein are effective immediately upon posting. Users are responsible for reviewing the Terms of Use and all sections contained herein, regularly. Use of Digital Chumps indicates User’s full and complete agreement to the terms of the Terms of Use and all sections contained herein; as if User had signed a written document containing the Terms of Use. Use of information gathered by or in the possession of Gloomy Tree Productions and Digital Chumps is subject to the Terms of Use and all sections contained herein; as in effect at the time of use.
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