gotCharacters.com: Chinese made to stick. A project of Ferguson Development Group, Inc.
Important: This is a legal agreement between you (“you”) and gotCharacters; gotCharacters.com: Chinese made to stick, a project of Ferguson Development Group, Inc. (“we” or “gotCharacters”).
Before accessing or using any part of the website: https://www.gotCharacters.com/, you should carefully read the following terms and conditions contained in this terms of access and use agreement (the or this “agreement”) as these terms govern your access to and use of this website and any materials or information available through the gotCharacters website or used in connection therewith (collectively, the “gotCharacters website”). gotCharacters is willing to license and allow the use of the gotCharacters website only on the condition that you accept and agree to all of the terms and conditions contained in this agreement. If you do not agree with this agreement, you are not granted permission to access or otherwise use the gotCharacters website and are instructed to exit the gotCharacters website immediately.
TERMS AND CONDITIONS
LICENSE GRANT. (Learn at your own pace.) The gotCharacters Website is provided by gotCharacters, and this Agreement provides to you an individual, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the gotCharacters Website and any materials or information made available through or from the gotCharacters Website conditioned on your continued compliance with the terms and conditions of this Agreement. You may download and print materials and information from the gotCharacters Website solely for your personal use, provided that all hard copies contain all copyright notices and other applicable notices contained in such materials and information.
RESTRICTIONS. (It’s our labor of love, please play nice.) The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by gotCharacters through the gotCharacters Website in any manner not expressly permitted by this Agreement. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the gotCharacters Website.
USER OBLIGATIONS. (Please be careful out there.) By downloading, accessing, or using the gotCharacters Website, you represent that you are at least the legal age of majority. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the gotCharacters Website. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the gotCharacters Website is solely at your own risk. While gotCharacters has endeavored to create a secure and reliable gotCharacters Website, you should understand that the confidentiality of any communication or material transmitted to/from the gotCharacters Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, gotCharacters is not responsible for the security of any information transmitted to or from the gotCharacters Website. You agree to assume all responsibility concerning activities related to your use of the gotCharacters Website.
Before or at the time of collecting personal information, gotCharacters will identify the purposes for which information is being collected (for example, if you choose to sign up for gotCharacters).
We will collect and use personal information solely with the objective of fulfilling those purposes specified by gotCharacters, unless we otherwise obtain the consent of the individual concerned or is required by law.
We will only retain personal information as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and with the knowledge or consent of the individual concerned.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
PROPRIETARY RIGHTS. (We’re happy you’re here. Please again, play nice.) This Agreement provides only a limited license to access and use the gotCharacters Website. Accordingly, you expressly acknowledge and agree that gotCharacters transfers no ownership or intellectual property interest or title in and to the gotCharacters Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the gotCharacters Website, unless otherwise indicated, are owned, controlled, and licensed by gotCharacters and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, gotCharacters does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the gotCharacters Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that gotCharacters does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms and content confusingly similar to any of gotCharacters’s trademarks. This gotCharacters Website is Copyright © 2016 gotCharacters: A project of Ferguson Development Group, Inc. All rights reserved. gotCharacters also owns a copyright in the contents of the gotCharacters Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the gotCharacters Website. Any downloadable or printable information or materials available through the gotCharacters Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by gotCharacters. gotCharacters, the gotCharacters logo, and all other names, logos, and icons identifying gotCharacters and its programs, products, and services are proprietary trademarks of gotCharacters, and any use of such marks, including, without limitation, as domain names, without the express written permission of gotCharacters is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
LINKS TO OTHER SITES. (Other people do cool things too.) gotCharacters may provide links, in its sole discretion, to other internet sites for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by gotCharacters and are maintained by third parties over which gotCharacters exercises no control. Accordingly, gotCharacters expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
THIRD-PARTY MATERIALS/SERVICES. (If we think it may be helpful, we may share information, but you’ve got to make your own decisions.) gotCharacters, in its sole discretion, may feature materials, programs, products, and services provided by third parties. gotCharacters makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the gotCharacters Website are solely between you and such third party. Accordingly, gotCharacters expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the gotCharacters Website, and you agree that gotCharacters shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the gotCharacters Website.
Disclaimer. The information and materials contained on this website are for general informational purposes only and are provided on an “as-is” and “as available” basis and may include errors, omissions, or other inaccuracies. Nothing on this website is or purports to be advice. While the information and recommendations contained on this website have been compiled from sources believed to be accurate, reliable and useful, gotCharacters makes no guaranty as to, and assumes no responsibility for the correctness, sufficiency or completeness of such information or recommendations. The information contained on this website is not intended to be a substitute for professional security, legal, medical, mental health, public safety, or other professional advice. Specific concerns should always be directed toward qualified professionals in the aforementioned areas. You assume the sole risk of making use and/or relying on the information and materials available on the gotCharacters website. gotCharacters makes no representations or warranties about the results that can be achieved from or the suitability, completeness, timeliness, reliability, legality, or accuracy of the information and materials available on the gotCharacters website for any purpose, and expressly disclaims all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty. gotCharacters also makes no representation or warranty that the gotCharacters website will operate error free or in an uninterrupted fashion or that any files or information that you download from the site will be free of viruses or contamination or destructive features. gotCharacters disclaims any and all liability with respect to damages alleged to have been caused or incurred in reliance upon the information contained on this website. gotCharacters does not recommend or endorse any specific services, products, procedures, opinions or other information that may be mentioned on this website. gotCharacters may make modifications and/or changes in the gotCharacters website or in the information and materials available on the gotCharacters website at any time and for any reason.
LIMITATION OF LIABILITY. (Stuff happens.) You expressly absolve and release gotCharacters from any claim of harm resulting from a cause beyond gotCharacters’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, governmental restrictions, criminal acts or terrorism. Moreover, in no event shall gotCharacters be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the gotCharacters website, with the delay or inability to use the gotCharacters website, or for any information and materials available through the gotCharacters website, whether based in contract, tort, strict liability, or otherwise, even if gotCharacters has been advised of the possibility of such damages.
INDEMNITY. You agree to defend, indemnify, and hold harmless gotCharacters and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your access and/or use of the gotCharacters Website and/or any breach by you of this Agreement.
GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Connecticut, U.S.A. as applied to agreements entered into and completely performed in the State of Connecticut. You and gotCharacters each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Connecticut for any disputes between us under or arising out of this Agreement. Any claim you might have against gotCharacters must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. gotCharacters makes no representation that the gotCharacters Website is appropriate or available for use in other locations outside the State of Connecticut, and access to the gotCharacters Website from states, territories, or nations where any aspect of the gotCharacters Website is illegal is prohibited. You access the gotCharacters Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the gotCharacters Website. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact gotCharacters if you wish to receive a printed copy of this Agreement.
ENFORCING SECURITY ON THE SITE. gotCharacters reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the gotCharacters Website, or any portion of the gotCharacters Website, in order to protect the gotCharacters Website, gotCharacters, or gotCharacters’s business.
TERM AND TERMINATION. This Agreement and your right to use the gotCharacters Website will take effect at the moment you access, or use the gotCharacters Website and is effective until terminated as set forth below. In addition, gotCharacters reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the gotCharacters Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may terminate this Agreement at any time by ceasing to use the gotCharacters Website, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the gotCharacters Website in your possession. In addition to the miscellaneous section below, the provisions concerning gotCharacters’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.
MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to gotCharacters, such injury would not be quantifiable in monetary damages, and gotCharacters would not have an adequate remedy at law. You therefore agree that gotCharacters shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that gotCharacters post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to gotCharacters to enforce any provision of this Agreement. The parties agree that this Agreement is for the benefit of the parties hereto as well as gotCharacters’s licensors. Accordingly, this Agreement is personal to you, and you may not assign your rights or obligations to any other person or entity without gotCharacters’s prior written consent. Failure by gotCharacters to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver by gotCharacters of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this Agreement is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and gotCharacters as result of this Agreement or your utilization of the gotCharacters Website. Headings herein are for convenience only. This Agreement represents the entire agreement between you and gotCharacters with respect to your access and use of the gotCharacters Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and gotCharacters with respect to the gotCharacters Website.