It took us a few cups of coffee and battling against throwing in the towel before we completed this. You may need a cup yourself. =) Now, on to the legal stuff:
1. OWNERSHIP OF CONTENT, INFORMATION, AND OTHER DATA
ArmedandMirrored.com may offer featured pictures, articles, information, digital images, text, data, games, surveys, contests, sweepstakes, advertising, logos, trademarks and other forms of content (collectively referred to hereinafter as "Content", but excluding specifically User Content as defined below in this TOS) we intend to be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms later created or not known at this time. ArmedandMirrored.com makes no warranties or representations that the Content is appropriate, available, or legal to view, access, transfer, or store. Except for User Content (as defined below), all Content posted on or otherwise available on this site is owned by ArmedandMirrored.com or used with prior authorization. Guests and visitors please feel free to view the site, but you must understand and respect the rules, restrictions, and intellectual property rights set forth in these TOU. Please understand that downloading any software, transferring information, data or images from this site, or any other ArmedandMirrored.com site, does not give you any ownership, title, or other rights to such Content.
2. USE OF SITE RESTRICTIONS AND REGULATIONS
As a condition of visiting, transferring data, or otherwise using this site, you agree and acknowledge that you will not:
publish, re-publish, license, create derivative works of, or sell any Content;
information, intellectual information, trade secret, copyright or other proprietary rights of any party, or User Content that you do not
have a right to make available under any contractual or fiduciary relationships or law;
not own or have the necessary and appropriate rights;
surveys, contests, giveaways, sweepstakes, ponzi schemes, chain letters, or pyramid schemes;
origin of any User Content transmitted or transferred to or via the site;
violate the rights of any other entity or person, including but not limited to rights of publicity or privacy;
indecent, terroristic, bully, grotesque, violent, or hateful User Content;
Information, or Other Data without prior written consent from ArmedandMirrored.com.
3. SITE SECURITY USE RESTRICTIONS AND REGULATIONS
ArmedandMirrored.com takes the security of this web site and all of its other web sites very seriously. ArmedandMirrored.com reserves the right to refuse site access, service, or products to anyone, and to investigate any violations of its host, system, network or web site security, to actively involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
In addition to the TOS and privacy restrictions set forth herein above and below, you will not:
(i) attempt to interfere or interfere with the working of this web site, host, network, or any service or activities on this web site by
using any robot, "bot", system, phishï, DDoS attack, spider, crawler, scraper, engine, device, software, bug, tool, routine or any
other automated device or manual process of any like or kind without our written permission or consent, or participate, start, or
engage in any activity which interferes with the working of or access to this site or to any network or host;
(ii) attempt to or access information or data not intended for you or log onto a network, server, host, or account that you are not
authorized to access;
(iii) access or attempt to access any system, host, network, or servers on which the site is hosted or modify or alter the site in any
(iv) upload or otherwise transmit or transfer files that contain viruses,worms, Trojan horses, malicious code, spyware, scripts,
adware, sniffers, key loggers, corrupted files, or similar software, systems, bugs, scripts, or programs.
(iv) Prevent, restrict, restrain, hamper, or hinder any other user from using the site and/or any products, services, systems, software,
platform, program, or Content posted on or offered throughout the site;
(v) Post, upload, transmit, or transfer User Content (as hereinafter defined) that disrupts the proper working or normal flow of dialogue
with an excessive amount of User Content (flooding or DDoS attack) to the site, or that otherwise negatively affects our Web site
performance or other users' ability to use any ArmedandMirrored.com web site;
(vii) Link to, frame, copy, overlap, duplicate, or otherwise reproduce this site or any other ArmedandMirrored.com web site without
the prior written consent of ArmedandMirrored.com.
(vi) Attempt to, or use forged or fraudulent billing information, including billing debit or credit card numbers, names, CVV protection
codes, expiration dates, zip codes, Paypal accounts, Paypal email addresses, or any other related information to the credit card.
(ix) Attempt to, or Phishi, or use fraudulent or forged contact information to be an ArmedandMirrored.com staff impostor.
4. COPYRIGHT, TRADEMARKS, PATENTS, AND OTHER PROPRIETARY RIGHTS
Copyright to all Content, information, and other data on the site is either licensed to or owned by ArmedandMirrored.com. No Content, information, material, or other data from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transferred, transmitted, modified, used, abused, or misused to prepare derivative works, published or republished, distributed or redistributed in any way in any medium now known or later derived, created, or invented, except that you may download one single copy of the authorized content material on any single computer for your non-commercial personal home use only, provided you retain all relevant and pertinent copyright and proprietary notices. It is a violation of our copyright and proprietary rights to attempt to change, modify, or adjust these materials or to use, misuse, or abuse these materials for any other purpose than the original intent, and by doing so may subject you to injunctive relief, statutory damages and other penalties as related to the fullest extent of the law of the United States of America. It is strictly prohibited to use of any such material on any other internet or intranet web site or networked computer or data transmitting environment without the express written consent or permission of ArmedandMirrored.com.
ArmedandMirrored.com is a federally registered trademark within the United States of America. All trademarks, logos, trade names or service marks (collectively the "Marks") mentioned, used, or displayed on this site are either owned by ArmedandMirrored.com or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of ArmedandMirrored.com. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other ArmedandMirrored.com web site.
5. HOW TO PROCEED WITH A COPYRIGHT OR OTHER INFRINGEMENT CLAIM
Nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right, except as provided and detailed above. Notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"), will be acted upon appropriately and in and in a timely manner, including by removing, altering, or disabling access to data, information, or other material claimed to be infringing. Please notify our designated DMCA agent immediately at: email@example.com, or by mail:
Armed & Mirrored
1125 West Street
Annapolis, MD 21401
Attn: General Counsel
Please make sure to note the notification with the attention of "General Counsel" if you believe your own intellectual property has been improperly posted, distributed, or otherwise transmitted via this web site or any other ArmedandMirrored.com web site.
DMCA Notices must be in writing and must include the following information:
6. USER CONTENT
As a guest, regular visitor, or registered user to our site, you may be able to submit, post, or display data or information, anecdotes, suggestions, comments, concerns, postings, questions, advertisements, polls, ratings, ideas, techniques, notes, memoirs, diary entries, how-to or know how, do it yourself or DIY, drawings, pictures, art, concepts, styles, avatars, designs, audio visual media, photographs and pictures (including edited or unedited, pictures of the user and other representations of the user's name and likeness), digital images, digitally altered images, or other content, information, or other data in any form or media whether mentioned above or not yet invented (collectively "User Content"). By submitting, posting, uploading, or otherwise transferring the User Content on any site, you represent and warrant that you own and have unrestricted rights to the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual media. You hereby grant ArmedandMirrored.com an unrestricted, transferable and sublicensable, royalty-free, world-wide, irrevocable, and fully perpetual license to reproduce, edit, distribute, modify, publicly display, make derivative works of, and otherwise use the User Content in any media or medium whatsoever known at this time or later invented, created, or devised for any purpose whatsoever, commercial or not, by submitting, transferring, transmitting, or uploading User Content on this site or any ArmedandMirrored.com web site. You hereby disclaim any right to any form of compensation from ArmedandMirrored.com in connection with ArmedandMirrored.com’s exercise of its license rights in and to the User Content by submitting, uploading, or otherwise transferring your content on our site or any other ArmedandMirrored.com site. You agree and acknowledge that ArmedandMirrored.com shall not be liable for any use or disclosure of any submitted, posted, uploaded, transferred, or transmitted User Content to our site and is under no obligation to you.
ArmedandMirrored.com reserves the right to review, delete, edit, modify, recall, redact, or change any User Content at any time and from time to time, without notice or further obligation to you and at the sole discretion of ArmedandMirrored.com. ArmedandMirrored.com reserves the right to remove, delete, omit, or otherwise cancel any display or post any submitted User Content. ArmedandMirrored.com reserves the right to disclose any information or User Content that ArmedandMirrored.com deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. ArmedandMirrored.com has no obligation to monitor, maintain, or otherwise edit this site or any User Content or any other portion thereof. ArmedandMirrored.com shall have no liability in connection with any User Content submitted, transmitted, transferred, displayed or otherwise posted on this site or any other ArmedandMirrored.com sites.
You must meet any age, geographic location, or any other eligibility requirements specified by each ArmedandMirrored.com site in order to subscribe to a ArmedandMirrored.com service, newsletter, or any other promotional offer, to place any order online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering or signing up for each site, feature or service, you agree and acknowledge that you comply with all applicable eligibility restrictions including and any posted requirements. Some Web sites, e-commerce sites, or site areas may require additional restrictions on all order related details such as orders, payments, return policies, customer service, delivery or lead times depending on each individual site policy.
8. E-COMMERCE ONLINE SHOPPING
ArmedandMirrored.com hopes and strives to attain, but does not and cannot guarantee that you will be satisfied with products or services purchased from us. ArmedandMirrored.com sites typically offer e-commerce or online purchase order opportunities. Some ArmedandMirrored.com sites offer different order related policies for visitors and registered users to place orders for products or services either from ArmedandMirrored.com or from a third party (see section 10 below for more information regarding Third Party Sites). ArmedandMirrored.com does not claim to, nor does it always design, make, or manufacture all products sold online, but it primarily sells, distributes or ships products from its own online stores. Delivery may not be available at your specific location and the Third Party delivery service cannot guarantee all deliveries. Quantity for most items is limited and is not guaranteed to be in stock. All orders are subject to prior sale and neither ArmedandMirrored.com nor its vendors guarantee that all orders will be filled.
A valid credit card or Paypal account is generally accepted for orders for products or services. ArmedandMirrored.com and its business partners, in our sole discretion, reserve the right to utilize other alternative payment methods for products, orders, or services. You are solely responsible for monies owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, VAT, Custom’s or Duty fees or taxes, localized sales taxes, extra incurred shipping costs due to incorrect address information entered by you, shipping charges, insurance, and any other associated costs.
10. THIRD PARTY SITES
ArmedandMirrored.com has no control over: (a) any products or services offered by or content of any Third Party operated web sites; or (b) the safety, quality, legality, accuracy, reliability, or any other performance related attribute of any item advertised or listed by any third party, including, but not limited to, vendors, advertisers, or other business partners. ArmedandMirrored.com does not confirm the reliability, accuracy, or views of data and information provided by any Third Party unless explicitly stated on the site.
ArmedandMirrored.com only wishes and strives to attain, but does not guarantee that you will be in any way satisfied with any products or services purchased or gifted from vendors, advertisers or other third parties that link to or from any ArmedandMirrored.com web site. By using and interacting with this site, you agree and acknowledge that ArmedandMirrored.com has not reviewed any or all of the sites linked to or from this web site, does not endorse, is not responsible for, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from this web site. Your clicking or linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery lead times or schedule times, and for customer service and return policies.
10. ONLINE COMMUNITY CODE OF CONDUCT
ArmedandMirrored.com may offer community features on its web sites via a wide array of media, such as internal messaging systems, video message systems, forums, chat rooms, or other public bulletin boards. ArmedandMirrored.com reserves the right, under its sole discretion, but is not entitled to, monitor, filter, censor, modify, remove, delete, edit or otherwise regulate information, data, and content provided by third parties on this web site and other ArmedandMirrored.com web sites, including information provided in community areas. User Content posted or uploaded by users or third parties is not endorsed or verified for accuracy or reliability by ArmedandMirrored.com. You agree to hold ArmedandMirrored.com harmless from any liability associated with any User Content posted by other users and other third parties. You agree that neither ArmedandMirrored.com nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content.
(a) You will not use this web site to participate in any illegal purpose or activity whatsoever, to damage any person or property, or to violate the rights of any party, person, entity or business.
(b) Except as explicitly and specifically authorized on certain ArmedandMirrored.com web sites and in designated sections or areas of ArmedandMirrored.com web sites, you will not upload, email, transfer, or otherwise post User
Content anywhere on the site:
funds or to advertise or promote in any way products, brands, or services;
commercial advertisement, behavioral or viral marketing, link referral code, scripts, or phishing messages;
interests, promotions, or products;
(c) You will not create any user names, handles, screen names, post or upload User Content, use any email address, or otherwise transfer data that attempts to impersonate or mimic any person or entity, including, but not limited to, a ArmedandMirrored.com employee, or falsely states, forges, or otherwise misrepresents your affiliation with a person, company, or other entity.
(d) You will not post or upload User Content that:
by any applicable law.
(e) You will not impose an unreasonable or disproportionately large amount of data or information on our web site host, network, or servers by posting the same or similar User Content multiple times either in the same or multiple areas or sites.
(f) You will not use automated means, including spiders, robots, crawlers, scrapers, data mining tools, or the like to:
posting being manually entered by the original author, including, but not limited to, the use of any automated posting device or
any type of automated or manual service or outsourced service to submit bulk or repetitive postings, or for any regularly scheduled
ArmedandMirrored.com reserves the right to regulate access, expand, modify, or edit these rules in any specific community area on agreement with such rules, as well as to specified eligibility criteria. ArmedandMirrored.com reserves the right, in its sole discretion, and without any obligation, to delete, modify, or edit any postings which violate its community code of conduct, to regulate or deny access to its web site or services to any person suspected of violating these rules, and to pursue legal action against violators to the fullest extent of the law. ArmedandMirrored.com will assist any investigations of illegal activity or violations of these TOS by law-enforcement officials.
12. WARRANTY LIMITATIONS
We recommend you read and understand your local laws regarding the exclusion of implied warranties.
THIS WEB SITE AND THE INFORMATION, CONTENT, DATA, PRODUCTS AND SERVICES IS PROVIDED BY ArmedandMirrored.com "AS IS", AND "AS AVAILABLE", WITHOUT ANY KIND OF WARRANTY, EXPRESSED, IMPLIED OR STATUTORY. ARMEDANDMIRRORED.COM DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY.
13. LIABILITY LIMITATIONS
We recommend you read and understand your local laws regarding the exclusion of implied warranties.
ArmedandMirrored.com does not warrant or guarantee that the content, products, services, functions, or materials at or contained within the site will be available, readily or ever available, uninterrupted, error-free, that any errors or defects will be corrected, that this site or the network, host or server that enables the site are free of any harmful components or viruses, that all products and services listed, sold or advertised are available, that the item listings will reliably or accurately depict the item sold, or that all transactions will be completed. ArmedandMirrored.com and any of its officers, directors, staff, employees, representatives, agents, licensors or licensees warrant or make any representations at any time that the content, materials, data, or information hosted anywhere at this site are accurate, correct, complete and/or reliable.
In any event, regardless if we, set forth below, have been advised of the possibility of damages set forth below, neither ArmedandMirrored.com nor anyone who participated or assisted to develop, create, produce, display, transmit, transfer, or otherwise deliver the content, material, data and information used and provided in this site be liable for any type of damage whether lost profits or any special, punitive, treble, enhanced, incidental or consequential arising out of, exacerbated, or in connection with, use or visiting of this site, links to or from this site, information posted on our site, our services, any products or services you purchase, or this agreement. In no event shall our liability to you or any third parties in any circumstances for any and all losses, whether monetary or otherwise, whether in contract, breach of contract, or otherwise, exceed the monetary amount you paid, if any, for accessing this site.
ArmedandMirrored.com does not guarantee or warrant any accuracy or quality whatsoever, and makes no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter, quality or otherwise. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use.
You agree to waive any and all claims, indemnify, and hold harmless from any demands, lawyer and attorney’s fees, damages of any kind, whether known, not yet discovered, disclosed, not disclosed, arising out of, or in any way connected with the use of any information, data, User Content, or otherwise content, or in any way related to a transaction performed, conducted, or otherwise engaged on this site, or made by any third party due to or arising out of your use of this web site, against ArmedandMirrored.com and its officers, directors, staff, affiliates, employees, representatives, agents, licensors and licensees with respect to:
information, User Content, product or service offered by users, vendors, advertisers, promotional or business partners or
any third-party sites;
accuracy of any representation of any items, goods, or services;
the rights of any third party in connection with your use of this site.
16. TERMINATION OF SERVICE
ArmedandMirrored.com, at our sole discretion, without any notice to you at any time, may eliminate, terminate, or otherwise regulate any Content or service posted on or made available through any of our web sites.
ArmedandMirrored.com reserves the right, in its sole discretion, without issuing or offering any other remedy, to immediately, temporarily, or permanently issue you a warning, suspend, limit, regulate, or terminate your participation in the site or any area of the site, and to refuse to provide any of our services to you if:
offered at this site;
ii. if we are unable to verify or authenticate, by any of our verification and authentication methods, any billing
information you provide to us;
iii. we believe or have any type or form of indication that your actions may cause any type of damage, harm or
legal liability to anyone including, but not limited to, you, or to any vendor, Third Party, business partner,
promotional partner, advertiser, affiliate, other user, the general public, or us.
Unless explicitly stated otherwise in the site, and with the exception of copyright infringement in Section 5 of this Terms of Service policy, you must provide all notices or complaints to ArmedandMirrored.com via e-mail to firstname.lastname@example.org or mail to:
Annapolis, MD 21401
All notices from ArmedandMirrored.com to you will be delivered to the e-mail address you provide to us. Notice shall be deemed given forty-eight (48) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. ArmedandMirrored.com reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given fourteen (14) days after the date of mailing.
ArmedandMirrored.com is not liable for any mis-delivered packages, even with tracking, or for any lost emails due to any email filters, such as spam, or any other type of filter.
Notwithstanding the following sentences of this Section 18, Arbitration, ArmedandMirrored.com may seek equitable relief in any United States federal or state court having jurisdiction in the event of your violation of these TOU and/or your infringement of ArmedandMirrored.com’s or any other person, entity, or parties intellectual property rights.
extent of any section.
American Arbitration Association, it shall be omitted without affecting the validity of any other portions of these Terms Of
simultaneous, or similar breaches.
respect to your use of this site, products, information, data, services, and any other type of offering, is constituted by
for you, or on behalf of you, or any vendor, or any person, business or promotional partner, or advertiser, or any Third
Party, or any otherwise entity. You and our vendors, Third Party partners or affiliates, agents, business or promotional
partners, advertisers and any other entity are independent contractors.
relationship between ArmedandMirrored.com and either you or any vendor, Third Party, business or promotional partner,
or state court having jurisdiction in the event that ArmedandMirrored.com wishes to pursue injunctive or any equitable
ArmedandMirrored.com’s intellectual property rights or copyrights.
laws of the Maryland irrespective of its conflicts of provisions of law.
Last Update July 12, 2018.