Effective as of November 12, 2010.
Description of Service
WalkerBoyStudio.com, its parents, principals, officers, subsidiaries, partners, employees and/or affiliates (collectively, “WalkerBoyStudio.com”) provides Users with the opportunity to purchase DVDs and other media products, as well as with information. Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. ” Services” means all services and resources offered or enabled via the Site by Walker Boys Studio and users of this Site, including without limitation, download areas, developer tools services, product and other information services and communications services such as “post comment” areas, bulletin boards, calendars, chat areas, communities, e-mail, forums (including lab and user to user forums), newsgroups, personal webpages, photo albums and other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Venues”).
Disclaimer of Warranties
The site is provided by WalkerBoyStudio.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, WalkerBoyStudio.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise, including but not limited to that of the products which the Website may sell. WalkerBoyStudio.com shall have no liability for any interruptions in the use of this Website. WalkerBoyStudio.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Limitation of Liability
WalkerBoyStudio.com SHALL NOT be liable for any damages whatsoever, and in particular WalkerBoyStudio.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website, the information contained in it AND/OR THE PRODUCTS WHICH MAY BE MADE AVAILABLE THROUGH IT, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if WalkerBoyStudio.com has been advised of the possibility of such damages.
User agrees to indemnify and hold WalkerBoyStudio.com harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or any other user of the Website using Users’s computer, of any intellectual property or any other right of any person or entity.
Each User of the Website may elect to establish an account and, accordingly, shall receive a password related to such account. User is entirely responsible for any and all activities which occur under its account whether authorized or not authorized. User agrees to notify WalkerBoyStudio.com of any unauthorized use of User’s account or any other breach of security known or which should be known to User. User agrees not to resell or make any commercial use of the Website or its products without the express written consent of WalkerBoyStudio.com.
Modifications and Interruption to Service
WalkerBoyStudio.com reserves the right to modify the Website or discontinue its business with or without notice to the User. WalkerBoyStudio.com shall not be liable to any User or any third party should WalkerBoyStudio.com exercise its right to modify the Website or discontinue its business. User acknowledges and accepts that WalkerBoyStudio.com does not guarantee continuous, uninterrupted or secure access to its Website and operation of its Website may be interfered with or adversely affected by numerous factors or circumstances outside of WalkerBoyStudio.com’s control.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by third party vendors (“Vendors”) or collected from publicly available sources. While WalkerBoyStudio.com makes every effort to ensure that the information on the Website is accurate, WalkerBoyStudio.com cannot make any representations or warranties as to the accuracy or reliability of any information provided on the Website.
WalkerBoyStudio.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and User acknowledges that any reliance on representations and warranties provided by any Vendor shall be at User’s own risk.
Governing Jurisdiction of the Courts of Texas
Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 WalkerBoyStudio.com, with all rights reserved, or is the property of WalkerBoyStudio.com and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of WalkerBoyStudio.com is strictly prohibited. User agrees that it will not use any robot, spider, or other automatic device, or manual process to monitor or copy the pages on WalkerBoyStudio.com’s Website or the content contained therein without prior written permission of an authorized officer of WalkerBoyStudio.com.
Use of Material
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site subject to the following conditions:
- The Materials may be accessed and used solely for personal, informational, non-commercial and internal purposes.
- The Materials may not be modified or altered in any way.
- The Materials on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the Materials.
- You may not copy or distribute any graphics in the Materials apart from their accompanying text.
- You will not quote or display Materials, or any portions thereof, out of context.
- Walker Boys Studio reserves the right to revoke the authorization to view, download and print the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from Walker Boys Studio.
- The rights granted to you constitute a license and not a transfer of title.
- The Materials comprised of Software are subject to the additional provisions governing Software set forth herein.
- Any Materials made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution.
- Use of the Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No trademark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Walker Boys Studio. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, WalkerBoyStudio.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Copyright Agentc/o Walker Boys Studio, Inc.315 West Main Street Lancaster, Tx 75146 By Email: firstname.lastname@example.org
WalkerBoyStudio.com retains the right, at its sole discretion, to terminate any Accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, WalkerBoyStudio.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.