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© 2019 Charmsmith.com - All Rights reserved
Thank you for visiting Charmsmith (the “Site”). This Website is provided by Sky Castle Studios LLC (“Sky Castle Studios”, “we”, and “us”). Please read the following information carefully. These Terms of Use govern your access to and use of the Charmsmith website. This is a binding agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE.
We may change these Terms of Use from time to time. We will post a notice on the Site any time these Terms of Use have been amended or updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.
If you have a specific question, feel free to click to the appropriate section below:
Charmsmith respects your privacy. Our Privacy Notice governs the use of information collected from or provided by you at the Site. A complete statement of our current Privacy Notice can be found at: http://www.charmsmith.com/Privacy and our Cookie Notice can be found at: http://www.charmsmith.com/CookiePolicy. Our Privacy Notice and Cookie Notice are incorporated herein by reference.
If you open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You may share your account, username, or password with someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We are not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Charmsmith, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. We reserve the right to terminate your account at anytime.
Charmsmith is not intended for users under the age of 16. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Site for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained.
Charmsmith is committed to protecting the on-line privacy of children. While this site is operated for the enjoyment of general audiences, we are mindful children may also visit this site. Children are not required to provide any personal information to use any part of this site. We also do not knowingly collect information from children under 16 years of age and they are not permitted to register as a user for the site or to receive communications from us.
If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.
Charmsmith allows but does not require that you register and/or set up an account to use all features of the Site. If any of your information changes, you should update it on the Site.
You may not pretend to be somebody else when registering and/or setting up an account on the Site. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.
Nothing posted on the Site grants a license to any Charmsmith trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of the Charmsmith Executive Management Team. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
The Site contains materials and other items relating to Sky Castle Studios and its products and services (the “Content”). The content may be in the form of information, data, text, images, graphics, registered and unregistered trademarks, illustrations, videos, software, audio clips, 3D models, or other forms.
All Content is copyrighted, and is either owned or used with permission by Sky Castle Studios. This includes but is not limited to all parts, pieces, sections, and designs of body parts, equipment, accessories, and items in the character creator, both in aggregate and as separate pieces. Except as set forth in this User Agreement, you may not reproduce, distribute, transmit, modify, adapt, translate, distribute, sell, license, publish, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download copies the materials (image capture/screenshots) on Sky Castle Studios’ web site for personal, non-commercial use only. These personal, non-commercial purposes include networked and public viewing such as on social media. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Sky Castle Studios at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Content you upload is "Your Content"
A. Responsibility for Your Content. When you submit or upload content on the website you represent and warrant that:
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Us a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help U function and grow. That way, we won’t infringe any rights you have in Your Content. By posting Your Content, you grant Sky Castle Studios, LLC a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
C. Reporting Unauthorized Content. We are committed to following appropriate legal procedures to remove infringing content from the Site. If content that you own or have rights to has been posted without your permission and you want it removed, please follow the steps listed in our DMCA Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating an account if it is found to be a repeat infringer.
Charmsmith may link to or be linked from other websites that are not maintained by, or related to, Charmsmith. Charmsmith does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that Charmsmith has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. We do not promise that the contents of any Linked Site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
CHARMSMITH PROVIDES ITS SITE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. Charmsmith cannot guarantee that the Site or its content is error free and makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date. Charmsmith makes no representations – your use the site is at your sole risk. We also do not guarantee that the Site is free from viruses or other harmful components.
CHARMSMITH AND ITS AFFILIATES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SITE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states (including, but not limited to: Alabama, Arizona, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Vermont, Washington, West Virginia, and the District of Columbia), may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this site. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify, defend, and hold harmless Charmsmith, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Charmsmith will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, United States of America in all disputes arising out of or related to the use of the Site.
If you have any questions or comments relating to the Charmsmith Site or this Terms of Use, send an email to [email protected], or contact us through our support form.
June 26, 2019