TERMS OF USE
These are the rules for using ExploreKindness.com. Be sure to get your parents to review and discuss these rules with you.
PLEASE READ THESE TERMS OF USE (the “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). This Site at CaptainMcFinn.com is fully controlled and operated by the Captain McFinn, LLC (“Captain McFinn”). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms of use of the Site. If you do not agree with all of the following terms of use, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms of use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms of use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms of use.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of Captain McFinn and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Captain McFinn hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Captain McFinn. Use of Captain McFinn and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
CHATROOM/MESSAGE BOARDS/”WRITE TO CAPTAIN MCFINN”
[THE SITE AS CURRENTLY CONSTRUCTED DOES NOT HAVE FUNCTIONALITY RELEVANT TO THIS SECTION BUT IT COULD BE ADDED AT A LATER DATE]
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
[THE SITE AS CURRENTLY CONSTRUCTED DOES NOT HAVE FUNCTIONALITY RELEVANT TO THIS SECTION BUT IT COULD BE ADDED AT A LATER DATE]
E-COMMERCE SERVICE
Captain McFinn offers certain E-Commerce Service including the ability to purchase goods and services via the Captain McFinn Shop (the “E-Commerce Service”). Additional terms apply to your use and access of the E-Commerce Service and such Additional Terms are incorporated herein by reference.
The E-Commerce Service may utilize third party service providers. All purchases made through these third party service providers are subject to their respective terms and conditions of use. Captain McFinn is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Captain McFinn does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on a Captain McFinn Shop web page. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider.
Captain McFinn does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products. Furthermore, customer reviews seen in the Captain McFinn Shop, if any, are provided third parties, for which Captain McFinn is not responsible in any way. Captain McFinn and its third party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Captain McFinn is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAPTAIN MCFINN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Captain McFinn OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Captain McFinn’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks generated by third parties does not constitute endorsement by Captain McFinn, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Captain McFinn does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Captain McFinn is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Captain McFinn nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Captain McFinn will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site–and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware–short for MALicious softWARE–is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Captain McFinn, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. Captain McFinn reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Captain McFinn in asserting any available defenses.
APPLICABLE LAW, VENUE, JURISDICTION
The Agreement and the relationship between you and Captain McFinn shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State of Ohio and County of Mahoning. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MISCELLANEOUS
This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
