Terms Of Service
Updated December 3rd 2016
These Terms of Service govern and apply to your use of this website and all apps and services offered by Hanging Hat Studios, LLC (collectively known as the “Services”). By accessing this website and/or using the Services provided by Hanging Hat Studios, LLC you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Services.
The Services, it’s features and functionality are and will remain the exclusive property of Hanging Hat Studios, LLC and it’s licensors. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent from Hanging Hat Studios, LLC.
YOU USE THE SERVICES AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
HANGING HAT STUDIOS, LLC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You agree to defend, indemnify and hold harmless Hanging Hat Studios, LLC, its members, its licensee, licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services b) a breach of these Terms.
Limitation of Liability
Hanging Hat Studios, LLC, its members, its licensee, licensors, and their employees, contractors, agents, officers and directors are not responsible for addressing any claims you may have or any claims of any third party relating to the Services, including, but not limited to:
(i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Hanging Hat Studios, LLC, its members, its licensee, licensors, and their employees, contractors, agents, officers and directors shall not be held responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, service, or technology, or (b) for any indirect, incidental, or consequential damages including, but not limited to loss of revenues and loss of profits.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusion set forth above may not apply to you.
You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Agreement or the Services provided by Hanging Hat Studios, LLC exclusively in a state or federal court located in the State of Delaware.
The laws of the State of Delaware will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the State of Delaware for the purpose of litigating all such claims.
Changes to this Agreement
We reserve the right to, at any time, with or without cause
– change the terms and conditions of this Agreement.
– change or discontinue any of the features offered by the Services
Any changes we make will be effective immediately upon making such changes available on this website, providing notice thereof.