The following terms and conditions (the “Terms and Conditions”) govern your use of the Brimstone Web Site properties which consist of Hound Comics, Inc., The Borderhounds, Borderhounds, and Brimstone Animated as well as a multitude of social networks owned or used by Hound Comics, Inc. subsidiaries around the world. Domain names (collectively, the “Site”). The Site is made available by Hound Comics, Inc. and its affiliates (“Hound Comics” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
1. Proprietary Rights. As between you and Hound Comics, Inc., Hound Comics, Inc. owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Hound Comics, Inc. or the applicable rights holder. (The Site may contain some features that enable you to obtain rights to use certain content on the Site, such as photographs, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by Hound Comics, Inc. in such situations.) You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Hound Comics, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
2. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Hound Comics, Inc. and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Hound Comics, Inc. that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Hound Comics, Inc. or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Hound Comics, Inc. will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Although Hound Comics, Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Hound Comics, Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
You agree that if you include a link from any other Web site to the Site, such link shall open in a new browser window. You agree not to link from any other Web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your Web site at any time upon written notice to you.
You agree to defend, indemnify and hold Hound Comics, Inc. and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. Hound Comics, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Hound Comics, Inc. defense of such claim.
6. Account and Password. You may be enabled to create an account in the Site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Site by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Hound Comics, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Hound Comics, Inc. when you desire to cancel your account on the Site. Hound Comics, Inc. will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
7. Software Downloads. In the event that you receive software demos or other software products downloaded from the Site or otherwise delivered or provided by Hound Comics, Inc. in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.
8. Orders for Products and Services. We may make certain products available to visitors and registrants of the Site. For example, you may be able to order certain music-related products and/or licenses through the Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Hound Comics, Inc.. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
9. Third Party Web Sites. You may be able to link from the Site to third party Web sites (“Linked Sites”). For example, you may purchase products, some of which may be Hound Comics, Inc. products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
10. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HOUND COMICS, INC. ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, HOUND COMICS, INC. AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH HOUND COMICS, INC. OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY HOUND COMICS. INC. “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND HOUND COMICS, INC. OR ITS LICENSOR OR SUPPLIER.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL HOUND COMICS, INC. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO HOUND COMICS, INC. FOR YOUR USE OF THE SITE.
12. Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Hound Comics, Inc. reserves the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.
14. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure 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.
Effective: January 1, 2000
Last Updated: March 28, 2011
WHAT INFORMATION WE COLLECT
There are many places at our sites where you can share your personal information
with us, and where you can communicate with others.
Registration. Some of our sites give you the opportunity to register with us, and sometimes registration is required before certain site features can be used. Our registration forms may request your contact information (such as your name, email address, mailing address, etc.), demographic information (such as your country, gender, etc.), and profile data (such as your music preferences, entertainment practices, etc). You may be assigned a site username and/or password. For our internal purposes, we use this information to communicate with you and provide the services you have requested, and to provide a more personalized experience on our sites. For example, your registration may allow you to use and post to site message boards, create site profiles, etc. We use aggregate demographic and profile information about our audience in order to improve our service, for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others. By visiting our sites, you affirmatively consent to our collection and use of your data.
Newsletters and Other Communications from Us.
Our registered users and customers may receive newsletters, email
communications, or communications through other channels for, among other
purposes, the promotion and marketing of a product or service from our family of
sites, as well as other business partners, and we may also offer other visitors
to our sites the opportunity to sign up to receive such information. When there
is a separate sign-up for newsletters, we ask for contact information such as
name and email address, and, sometimes, demographic and profile information. By
visiting our sites, you affirmatively consent to our collection and use of your
data. We use this information in the same manner as we use the contact
information in the Registration process described above. We may offer our users
the choice whether to receive mailings from others that we think will be of
interest. Recipients of our mailings can unsubscribe by following instructions
that may appear at the end of email communications. Note that in order to keep
our registered users informed about the operation of our services, we may send
emails and announcements that are needed for the proper functioning and
administration of our sites and service.
Communications with Us. We have features where you can submit information to us (such as when contacting us with a question or feedback). We may retain your emails and other information you submit to us for our internal purposes, and to help us to serve you better.
Communications with Friends.
We may offer features where you can send information to others, such as e-cards
or "Tell A Friend" features. We will use the contact information you enter for
your friends to send the email or e-card.
Interactive and Community Features. Our sites may offer interactive and community features, such as message boards, chat, email accounts, short message service (SMS), instant messaging, profiles, personal homepages, etc. All information posted or sent through these features may be publicly available, and you should be aware that when you voluntarily disclose personal information (e.g., user name, email address, phone number) through these features, that information can be collected and used by others and may result in unsolicited communications from other people. By accessing these features and disclosing personal information, you affirmatively consent to the distribution of your personal information as described above. Users' posts may be publicly and/or internally associated with their profiles/screen-names. Users are solely responsible for the content of messages they post or send on public forums.
Contests, Sweepstakes and Surveys. We may also have contests, sweepstakes and surveys at our sites. When you enter or participate in them, we request contact information from you (such as your full name, email address, mailing address, and telephone number) and may also request demographic or profile information. We will use the information you provide for the purpose of conducting the promotion (for example, to contact you if you have won). We may also use the information to send you newsletters and other information we think may be of interest. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of the email communication. Any personal information we collect may be associated with registration information. We may share aggregate information with others. We may sometimes partner with sponsors in offering contests, sweepstakes or surveys, and may share (provide and receive) information with them. By entering or participating in such contests, sweepstakes, and surveys, you affirmatively consent to our collection and use of your data.
AUTOMATIC DATA COLLECTION
Our web sites have features that automatically collect information from users to assist us in creating sites that honor our users' preferences and serve their interests and needs.
We may use third-party advertising companies to serve ads when you visit our web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to our sites and other web sites on the Internet in order to provide advertisements about goods and services of interest to you.
Most common web browsers today, such as Firefox and Internet Explorer, allow you to modify your settings to block cookies entirely, alert you every time they are being sent, or allow their use by only those web sites you choose. You can also delete cookies that are currently stored on your computer’s hard drive. To do this within Firefox or Internet Explorer, go to Tools, then Options or Internet Options, and then choose the Privacy tab to make your selections. If you choose to disable cookies, certain features on our web sites may not be available or work properly. Also, please note that if you disable/delete all cookies stored on your computer, you will have also disabled the cookies that are used by NAI to help prevent you from receiving unwanted advertising from third party ad networks. If you do not want this to happen, please make sure not to disable/delete the NAI cookie or add NAI to the approved list of sites from whom you allow/accept cookies. Through the use of web logs or log files, we may also gather information such as the date, time, browser type, navigation history, and IP address of all visitors to our site(s). We use this information for our internal security audit log, trend analysis, and system administration, and to gather broad demographic information about our user base. We may associate this information with your personal information. By visiting our sites, you affirmatively consent to our collection, use, and distribution of your data.
WITH WHOM YOUR INFORMATION IS SHARED
We may share your information with other third parties with whom we have business relationships and, in some cases, we cannot control or know their privacy practices. By visiting our sites, you affirmatively consent to our collection, use, and distribution of your data.
Other than as set forth in this policy, we do not share your personally identifiable information with other companies, apart from those acting as our agents in providing our service to you, and which agree to use it only for that purpose and to keep the information secure and confidential. Also, please be aware that Hound Comics, Inc., including all its business units, subsidiaries, affiliates and sites, Hound Comics, Inc. subsidiary and affiliated companies and sites, entities into which our companies may be merged, or entities to which any of our assets, products, sites or operations may be transferred, may obtain from us and be able to use your personal information. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.
We may share (provide and receive) aggregate information, which is not personally identifiable, with others. This information may include demographic data such as the gender and/or geographic location of groups of users, but it will not include personal information (such as your name or email address). We use aggregate demographic information about our audience in order to improve our service, for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others.
If a user's personally identifiable information changes (such as zip code), we endeavor to provide a way to correct or update that user's personal data. Please feel free to contact us if you have any questions regarding making changes to your data.
DATA COLLECTION FROM CHILDREN
NOTICE: Visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for information from the Federal Trade Commission about protecting children's privacy online.
Security for all personally identifiable information is extremely important to us. We store your personal information securely, and use special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction.
We may provide links to non- Hound Comics, Inc. sites. We are not responsible for those other sites, their privacy policies or how they treat information about their users, and we advise you to check their privacy policies.