Terms of Service
Welcome to DecapodStudios.com. DecapodStudios.com is a collection of Web pages and services operated by Decapod Studios. and its affiliates (collectively “Decapod Studios” or “we”) who provide the services offered on DecapodStudios.com to you subject to the following Terms of Use. Please read them carefully. Your use of DecapodStudios.com constitutes your acceptance of these Terms of Use. Decapod Studios may modify these Terms of Use from time to time in its sole discretion. If the changes we make to our Terms of Use are significant, we will notify you on our website that our Terms of Use have been revised.
OWNERSHIP AND USE
Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software contained on DecapodStudios.com (collectively the “Materials”) is the property of Decapod Studios, or its suppliers, and is protected by Canadian and international copyright laws. You may access and use DecapodStudios.com and the Materials only for your personal and non-commercial use. You may not modify or use the Materials for any other purpose, except with the express written consent of Decapod Studios.
Except as provided below, you may not download, reproduce, copy, sell, post, transmit, publicly perform, publicly display or otherwise distribute any Materials on DecapodStudios.com. Any software or content made available for download from DecapodStudios.com is licensed for use subject to the terms of the applicable license agreement, if any, which accompanies or is included with the software or content. If the software or content is not accompanied by a license agreement, the following terms shall apply: Decapod Studios hereby grants to you a personal, limited, revocable, non-transferable license to use a single copy of the software and content on one personal computer or other compatible electronic device, provided that you do not copy, modify, sell, assign, reverse engineer or otherwise attempt to gain access to the source code of the software or content or create derivative works from the software or content.
You may not link to or frame DecapodStudios.com or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Decapod Studios without obtaining Decapod Studios’ express written consent.
You may not use any meta tags or any other “hidden text” utilizing Decapod Studios’ name or trademarks without the express written consent of Decapod Studios. Any unauthorized use terminates the permission or license granted by Decapod Studios.
REGISTRATION; USER ACCOUNTS
You agree to provide true, accurate, current and complete information about yourself when creating a user account as prompted by the registration process and to update your information in order to keep such information current. If you provide any information which Decapod Studios has reason to believe is untrue, inaccurate, incomplete or not current, Decapod Studios has the right to terminate your account.
During the registration process, you may be prompted to create a password and a user name. Once you have completed the registration process, we will set up a profile for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile.
OTHER POLICIES; PRIVACY
Your use of DecapodStudios.com is subject to other Decapod Studios policies or rules posted on DecapodStudios.com. For example, the collection and use of your personal information is governed by our Privacy Policy, which can be viewed at http://www.DecapodStudios.com/privacy-policy/. We reserve the right to make changes to DecapodStudios.com, the policies, and these Terms of Use at any time.
LINKS TO OTHER SITES
Other websites linked from DecapodStudios.com are not under Decapod Studios’ control and Decapod Studios does not assume any responsibility or liability for any communications or materials available at such linked sites. The links are provided for convenience only and Decapod Studios does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Decapod Studios shall not be responsible or liable for any part of any such interactions.
ELECTRONIC COMMUNICATIONS
When you visit DecapodStudios.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.
TRADEMARKS
The Decapod Studios logo and all other trademarks are owned by Decapod Studios or its licensors and may be registered in some countries. Other company and product names appearing on this website may be trademarks of their respective owners and are used for the benefit of those owners.
DISCLAIMER OF WARRANTIES
DECAPODSTUDIOS.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DECAPOD STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF DECAPODSTUDIOS.COM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR DOWNLOADED FROM DECAPODSTUDIOS.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF DECAPODSTUDIOS.COM IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, MATERIAL OR PRODUCTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DECAPOD STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DECAPOD STUDIOS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DECAPOD STUDIOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
DECAPOD STUDIOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF DECAPODSTUDIOS.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF DECAPOD STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN PROIVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify and hold harmless Decapod Studios, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of these Terms of Use, or your violation of applicable law, rule, regulation or third party right.
APPLICABLE LAW
By visiting DecapodStudios.com, you agree that the laws of the province of British Columbia, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods, will govern these Terms of Use. You irrevocably consent to the exclusive jurisdiction and venue of the provincial and federal courts located in British Columbia, Canada for any dispute arising out of or relating to your use of DecapodStudios.com.
GENERAL
No delay or failure to take action under these Terms of Use shall constitute any waiver by Decapod Studios of any provision of these Terms of Use. If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms of Use are personal to you and may not be transferred, assigned or delegated to any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Decapod Studios respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Decapod Studios with the written information specified below. Please note that this procedure is exclusively for notifying Decapod Studios and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Decapod Studios’ Copyright Agent for notice of claims of copyright infringement on its site can be reached at decapodstudios@googlemail.com.
Last updated: July 22, 2009