Revised July 14, 2022
The following terms of service (the “Terms”) govern the use of and interaction with this website (arcwelderstudios.com) (the “Web Site”). Created by Arc Welder Studios LLC. (“Arc Welder” or “we” or “us” or “our”), the Web Site presents users with information related to our comic book publishing company. Arc Welder may change these Terms at any time and without notice posting such changes on the Web Site as they arise or become necessary. By using the Web Site, you accept and agree to the Terms as applied to your use of the Web Site. Not agreeing to the Terms prevents any access to or use of the Web Site.
1. Proprietary Rights. Arc Welder solely and exclusively owns all rights, title, and interest in and to the Web Site. This includes, but is not limited to, all content (audio, photographs, illustrations, graphics, visuals, video, copy, text, software, titles, multimedia files, etc.), code, data, programming materials as well as the look, feel, design, organization, and compilation of the content, code, data, and materials on the Web Site. Arc Welder exclusively owns all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and any other intellectual property and proprietary rights in the Web Site. Use of the Web Site shall not grant you ownership of any content, code, data, or materials you may access on the Web Site.
2. Limited License.
- You may access and view content on the Web Site on your computer or other Internet-compatible devices. The Web Site and any of the services offered on or through the Web Site are for your personal, non-commercial use only.
- You must be at least eighteen (18) years of age to use this Web Site. If you are under 18, you may use the Web Site only with the involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Web Site.
3. Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Web Site are registered or soon-to-be registered Trademarks solely owned by Arc Welder. Trademarks shall not be used in connection with products and/or services that are unrelated to, unassociated with, or otherwise not sponsored by Arc Welder in efforts that could cause customer confusion or in any way disparages or discredits Arc Welder and its operations. All Trademarks not owned by Arc Welder that either appear on the Web Site or through one of the Web Site’s services, if any, are the sole property of their respective registered owners. The Web Site shall not be construed or otherwise thought or understood to construe as granting–either expressly, impliedly, or by estoppel–any license or right to use any of the Trademarks shown on the Web Site without the sole written permission of Arc Welder. Your specific misuse or misuse caused by your inducement of another party of the Trademarks displayed on the Website is strictly prohibited. Arc Welder will aggressively enforce its Trademark rights to the fullest extent permitted by law, including seeking any and all damages in addition to criminal prosecution.
4. Prohibited Use. Any promotional, publishing, distributional, or otherwise commercial use of the Web Site, or any content, data, or materials thereon, is strictly prohibited unless you have received express prior written permission from Arc Welder. You shall not download, post, display, copy, distribute, broadcast, transfer, create derivative works from, modify any of the contents, data, material, and code found on the Web Site for a commercial purpose or otherwise cause another to do any of the antecedent actions without our express prior written permission. You shall not alter, edit, delete, or otherwise change or repurpose the meaning and appearance of any of the content, code, data, or materials on the Web Site or provided through the services the Web Site offers. This includes, but is not limited to, altering or tampering with trademarks, trade names, logos, service marks, or any other proprietary content. Doing so without express prior written permission violates copyright and other United States laws as well as those from other countries and applicable state laws which can subject you to liability for unauthorized use. Arc Welder will aggressively and strictly enforce its intellectual property rights to the fullest extent, including any and all damages in addition to criminal prosecution.
5. Prohibited User Conduct. By using the Web Site and its various services and features, you shall not:
- seek unauthorized access to a computer, database, server, or any other electronic device through the Web Site.
- engage or cause to engage in any electronic tampering of the Web Site or its related features;
- obtain unauthorized access to computer systems or materials that support the Website; or
- use or cause to use the Web Site in a way that will disable, damage, interrupt, or otherwise overburden the Web Site and its features and services.
- You further agree not to use the Web Site or its services and features in violation of Arc Welder’s intellectual property or other proprietary or legal rights or attempt or cause another to attempt to circumvent, decrypt, or otherwise reverse engineer the Web Site in any way.
6. Indemnification. You agree to defend, indemnify and hold Arc Welder and its directors, officers, employees, and agents harmless from all claims, liabilities, costs, and expenses including reasonable attorney’s fees, arising in any way from your use of the Web Site, or your breach or violation of any law or these Terms. Arc Welder reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise with the complete understanding that all costs incurred will be part of the indemnification owed by you to Arc Welder. You agree in such instance to cooperate fully with Arc Welder’s defense of such claim.
7. Third Party Web Sites. The Web Site carries live links to third-party websites that provide various services to Arc Welder and its customers. You agree that Arc Welder is not responsible for the information, content, products, services, advertising, code, or other materials provided, transferred, or shown by third-party websites unless they are explicitly Arc Welder products. Links to third-party websites do not constitute an endorsement or sponsorship by Arc Welder to those third-party websites or the information, content, products, advertising, services, or other materials presented thereof. Arc Welder is also not responsible for any webcasting or other form of information transmission received or elicited by any third-party website. Reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
8. Changes to Terms. Arc Welder reserves the right, at any time and at its sole discretion, to change, modify, add, remove, or in any way alter any section of the present Terms, in whole or in part. Such changes to the Terms will be effective when posted. Continued use of the Web Site and/ or its features and services after changes are made will be considered an unequivocal acceptance of those changes.
9. Termination. Arc Welder, at any time and at its sole discretion, may terminate, change, suspend or discontinue any part, service, or feature of the Web Site. Arc Welder may further restrict, suspend or terminate your access to the Web Site and its related services and features if we believe you breached our Terms or any applicable law, or for any other reason without notice or liability. Arc Welder adheres to a strict termination policy related to users who are repeat infringers of intellectual property rights.
10. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, AND CONTENT, IS PROVIDED AND PRESENTED “AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES FOR INFORMATION, DATA, PROCESSING SERVICES, UNINTERRUPTED ACCESS OR CONTENT WARRANTIES INCLUDING, WITHOUT LIMITATION, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, WE DO NOT WARRANT THE WEBSITE OR ITS SERVICES, CONTENT, AND FEATURES WILL BE ERROR-FREE, RUN UNINTERRUPTED, OR RUN FREE OF ANY DEFECTS. NO COMMUNICATION FOUND, POSTED, OR RECREATED ON THE WEBSITE OR ITS SERVICES, FEATURES, AND CONTENT WILL EXPRESS OR BE DEEMED TO EXPRESS AS CREATING ANY WARRANTY WHATSOEVER. ARC WELDER SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES CREATED BY VIRUSES THAT INFECT OR MAY INFECT YOUR COMPUTER, EQUIPMENT, OR ANY OTHER PROPERTY DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT OR AUDIO CONTENT FROM THE WEB SITE. THE SOLE REMEDY AVAILABLE FOR ANY DISAPPROVAL OR DISLIKE OF THE WEBSITE IS TO DISCONTINUE USING AND VISITING THE WEBSITE. ARC WELDER RESERVES THE RIGHT TO CHANGE OR CORRECT ANY INFORMATION PROVIDED OR POSTED ON THE WEBSITE AT ANY TIME WITHOUT PRIOR WARNING. ARC WELDER DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE NOR WILL BE HELD LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING THE INFORMATION PROVIDED ON THE WEBSITE. USING THE WEBSITE DOES NOT, IN ANY WAY, FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH ARC WELDER. ARC WELDER FULLY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF YOUR USE OF ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, MESSAGES, COMMENTS, OR CONTRIBUTIONS CONTAINED HEREIN. ANY PRODUCTS OR SERVICES ORDERED THROUGH OR PROVIDED BY THE WEBSITE ARE DONE SO “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS. ARC WELDER DISCLAIMS AND BY USING THE WEBSITE YOU WAIVE ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE OR FREQUENTLY ASKED QUESTIONS, IF ANY.
11. LIMITATION OF LIABILITY. ARC WELDER, OR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, CONTENT, OR SERVICE PROVIDERS (COLLECTIVELY, THE “REPRESENTATIVES”) SHALL NOT BE HELD LIABLE, IN ANY CAPACITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE WEB SITE OR ANY OF ITS SERVICES, FEATURES AND/OR CONTENT. FURTHERMORE, ARC WELDER OR ANY OF ITS REPRESENTATIVES SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING FROM YOUR PROVISION OF INFORMATION OR ANY LOST BUSINESS, EVEN IF SUCH REPRESENTATIVES WERE PREVIOUSLY ADVISED THIS POSSIBILITY EXISTED. FOR USERS IN JURISDICTIONS WHERE SUCH LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARE NOT ALLOWED, THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY. NEVERTHELESS, ARC WELDER OR ANY OF ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT OR COMMUNICATION FOUND, POSTED, TRANSMITTED, RECREATED, OR IN ANY WAY MADE KNOWN THROUGH OR RECEIVED BY ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY LIABILITY BY ARC WELDER OR ITS REPRESENTATIVES ARISING FROM THESE TERMS OR YOUR USE OF THE WEBSITE, THEN THE TOTAL AGGREGATE LIABILITY FOR ARC WELDER AND ITS REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT OR NEGLIGENCE SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ARC WELDER FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
12. Applicable Laws. Arc Welder controls and operates the Web Site from our offices in the State of Idaho, United States of America. Arc Welder further makes no representation that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a jury trial.
13. Forum. The present Terms, and the relationship between Arc Welder and Web Site users, shall be governed by the laws of the State of Idaho, United States of America, without regard to any conflict of law provisions. All causes of action arising under these Terms shall commence and be heard in the appropriate court in Boise, Idaho, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located in Boise, Idaho, United States of America. Any failure to exercise or enforce any right or provision of these Terms by Arc Welder shall not constitute a waiver of such right or provisions. If any provisions of the Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless will agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.