1. ACCEPTANCE OF TERMS:
- The Agreement, which incorporates by reference other provisions applicable to use of WWW.THEMIGHTYBRAND.COM, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material containing in WWW.THEMIGHTYBRAND.COM, sets forth the terms and conditions that apply to use of WWW.THEMIGHTYBRAND.COM by User. By using Mighty International, Inc. (other than to read this Agreement for the first time). User agrees to comply with all of the terms and conditions hereof. The right to use WWW.THEMIGHTYBRAND.COM is personal to User Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
- Mighty International, Inc. shall have the right at any time to change or discontinue any aspect or feature of WWW.THEMIGHTYBRAND.COM, including, but not limited to content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS:
Mighty International, Inc. shall have the right at any time to change or modify the terms and conditions applicable to User’s use of WWW.THEMIGHTYBRAND.COM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and changes for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on WWW.THEMIGHTYBRAND.COM, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of WWW.THEMIGHTYBRAND.COM by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES:
Through its Web property, Mighty International, Inc. provides User with access to a variety of resources, including download areas, communications forums and products information (collectively “Services”). The Services, including any updates, enhancements, new features and/or the addition of any new Web properties, are subject to the TOU.
All trademarks, service marks, trade name, logos and trade dress, whether registered or unregistered (collectively “Marks”) that appear on the Sites are proprietary to Mighty International, Inc. or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior consent of Mighty International, Inc., and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various intellectual property rights and unfair competition laws.
5. COPYRIGHT AND TRADEMARK INFRINGEMENTS:
Mighty International, Inc. respects the intellectual property rights of others, and we ask you to do the same. Mighty International, Inc. may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for Users who infringe those intellectual property rights.
6. LIMITATION OF LIABILITY:
Mighty International, Inc. and its officers, directors, employees, agents, suppliers will not be liable for any indirect, punitive, incidental, exemplary or consequential damages, lost profits or revenues or failure to realize expected savings, or any damages, whether or not such party has been previously advised of the possibility of such damages, whether under contract or any other theory, including without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or nonperformance of the side, errors, omissions, viruses and malicious code, unless such loss or damages are caused directly by Mighty International, Inc.’s fraud, recklessness, gross negligence or negligence. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any State or Territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exit in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of WWW.THEMIGHTYBRAND.COM and all charges related thereof.