CubicleCartoon.com Terms of Service
1. Acceptance of Life in a Box Syndication Terms of Service:
The CubicleCartoon.com website ("Site") and Life in a Box ("Syndication") are provided to you under the terms and conditions set forth herein ("Terms of Service" or "TOS"). These TOS govern your use of Site and all services provided in connection with Site. If you do not agree to the then current TOS, please do not access or otherwise use the Site. These TOS may be updated by CubicleCartoon.com at any time in its sole discretion; please check http://www.CubicleCartoon.com for the most current version of these TOS. Your continued use of Site will signify your acceptance of any change in the terms and conditions set forth herein. CubicleCartoon.com may modify or discontinue Site with or without notice to you and without liability to you or any third party.
2. Access to Services
Subject to these TOS, CubicleCartoon.com may offer to provide certain services, as described more fully on the Site, and which are selected by you through the process provided on the Site ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services CubicleCartoon.com performs for you, as well as the offering of any content on the Site. CubicleCartoon.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. CubicleCartoon.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You certify to CubicleCartoon that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. These TOS are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Services, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
When using Syndication Services you certify that you will use the code provided and will not alter the code in any way. Failure to use the exact and unmodified code provided by the Site is considered a violation of the Terms of Service and will result in immediate termination of your use of Syndication. Should termination occur, you are not permitted to display content from the Site or any content affiliated with the Site.
4. Ownership of Content
CubicleCartoon.com and Life in a Box are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content located on the Site ("Content"), materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from CubicleCartoon.com, or from the copyright holder identified in such Content's copyright notice.
5. Disclaimer of Warranties
CubicleCartoon.com makes no representations or warranties about the use, applicability, or performance of the Services or Content made available on the Site. CubicleCartoon.com has no special relationship with or fiduciary duty to you. You acknowledge that CubicleCartoon.com has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release CubicleCartoon.com from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. CubicleCartoon.com makes no representations concerning any content contained in or accessed through the Site, and CubicleCartoon.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. YOU ACKNOWLEDGE THAT THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CubicleCartoon.com MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CubicleCartoon.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES PROVIDED BY CubicleCartoon.com.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): CubicleCartoon.com MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. CubicleCartoon.com will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
CubicleCartoon.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against CubicleCartoon.com with respect to such sites.
6. Limitation of Liability
CubicleCartoon.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE OR SERVICES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CubicleCartoon.com 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 YOU.
You agree to indemnify and hold each of CubicleCartoon, its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Site or Services, the violation of these Terms of Service by you, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
8. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions.
9. Remedies for Breach of these Terms by You
In the event that CubicleCartoon.com determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of Site, CubicleCartoon.com reserves the right to (i) warn you via e-mail that you have violated these Terms of Service, (ii) suspend or terminate permission to syndicate content, and/or (iii) take any other action which CubicleCartoon.com deems to be appropriate.
CubicleCartoon.com reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service or (ii) your registration with or ability to access Site and/or any other service provided to you by CubicleCartoon.com including any e-mail account upon any breach by you of the Terms of Service.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
CubicleCartoon.com may assign its rights and obligations under these Terms of Service and upon such assignment CubicleCartoon.com may be relieved of any further obligation hereunder.
These Terms of Service and any additional terms (as such terms shall be identified when posted on Site by CubicleCartoon.com) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. CubicleCartoon.com reserves the right to charge fees, surcharges and/or membership fees at any time.