Terms of Service -- Last Updated May 14, 2014
YOUR USE OF OUR WEBSITES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE OUR WEBSITES
1. Conditions of Use, Notices, and Revisions
Access to SUPERMANHALLOFHEROES.COM or related URLS (collectively, “Our Websites”), transactions by a Member (the “Member”) of SHOF, LLC. (“SHOF”) through Our Websites, and all related disputes, either commercial, privacy or otherwise, are governed by the terms and conditions contained in these Terms of Service, as amended (“Terms”). Any Non-Human Visitors to our Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to the Member under the Terms are non-transferable without the express written permission of the owner of our Websites.
2. Scope of Terms
Our Websites and all content and information provided therein (“SHOF Content”) may be used only under these Terms. Member represents and warrants that he/she possesses the legal right and ability to enter into these Terms and use Our Websites in accordance with these Terms.
SHOF reserves the right to modify these Terms at any time without notice to Member. Member agrees to review these Terms periodically to ensure awareness of any modifications. Member's continued access or use of Our Websites after modifications have become effective shall be deemed conclusive acceptance of the modified terms.
SHOF has the exclusive right to control accessibility, hours of use, features on Our Websites, and any other information found on Our Websites. SHOF can restrict access to any or all portions of Our Websites or remove any information or content from Our Websites at any time. SHOF reserves the right, but shall not be obligated, to monitor use of Our Websites.
Member is solely responsible for providing the equipment related to accessing Our Websites, including but not limited to all computer, remote communications equipment, telephone, and other equipment.
3. Intellectual Property Rights
All material on Our Websites is provided for lawful purposes only. SHOF reserves complete title and full intellectual property rights to the SHOF Content.
A. COPYRIGHT. All SHOF Content, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SHOF and/or Warner Bros. Entertainment Inc. or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on Our Websites is the exclusive property of SHOF and is protected by U.S. and international copyright laws.
B. TRADEMARK. The service mark “”SUPERMAN HALL OF HEROES”, graphics, logos, page headers, button icons, scripts, and service names accessible through Our Websites; and other marks indicated or viewable through Our Websites are trademarks of SHOF or its affiliates, in the United States and other countries (“SUPERMAN HALL OF HEROES TRADEMARKS”). SUPERMAN HALL OF HEROES TRADEMARKS may not be used in connection with any product or service that is not SUPERMAN HALL OF HEROES, in any manner that is likely to cause confusion among its Members or the public, or in any manner that disparages or discredits SUPERMAN HALL OF HEROES or its affiliates. All other trademarks not owned by SUPERMAN HALL OF HEROES or its affiliates that appear on Our Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SUPERMAN HALL OF HEROES or its affiliates.
C. SUBMISSIONS BY MEMBER. Any information, including but not limited to information, remarks, suggestions, ideas, custom graphics, or other submissions (collectively or individually, “Submission”), communicated to SHOF through Our Websites is the exclusive property of SHOF, and SHOF and its licensees, licensor and assignees are entitled to use any Submission for any purpose without restriction or compensation to the person sending the Submission.
The Member represents that any Submission communicated to SHOF is original to the Member and accepts responsibility for its accuracy, appropriateness, and legality. The Member agrees to protect, defend, indemnify, and hold SHOF and its parent, affiliates, officers, directors, attorneys, and employees, harmless from and against any and all claims, liabilities, losses, costs and expenses, alleged or actual, arising out of any claim for infringement, dilution, unfair competition, or any other claim relating to any such Submission or SHOF’s use thereof.
4. License and Site Access
SHOF grants the Member a limited, revocable, non-transferable, non-exclusive license to access and make personal use of Our Websites. The Member shall not download (other than page caching) or modify, in whole or in part, Our Websites, except with prior express written consent of SHOF. This license does not include: any resale or commercial use of Our Websites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Our Websites or SHOF Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Our Websites or any portion of Our Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of SHOF. The Member may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SHOF or its affiliates without prior express written consent of SHOF. A Member may not use any meta tags or any other "hidden text" utilizing SHOF’S name or the SUPERHERO HALL OF FAME TRADEMARKS without the prior express written consent of SHOF. In addition to any other right or remedy available to SHOF or its affiliated companies, any unauthorized use of Our Websites or SHOF Content automatically terminates the permission or license granted by SHOF. A Member is granted a limited, revocable, and nonexclusive right to create a hyperlink to Our Websites so long as the link does not portray SHOF, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. A Member may not use any SUPERHERO HALL OF FAME TRADEMARKS as part of the link without prior express written consent.
-
Members may not do any of the following while using Our Websites:
- interfere with another Members’ use and enjoyment of Our Websites;
- upload any message, information, data, text, software, graphic files or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, sexually, ethnically or otherwise objectionable;
- upload Content that contains a virus, corrupted file, or other harmful component;
- impersonate any person or entity, including but not limited to SHOF personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name;
- intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another's use of Our Websites; or
- upload any Content that violates or infringes any patent, trademark, trade secret, copyright, privacy or any right, of whatever nature, of anyone.
If Member violates any of the terms of this Section 4, Member’s permission to use Our Websites automatically terminates.
5. Restrictions on Liability
SHOF is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; and/or incomplete, garbled or delayed computer transmissions. Under no circumstances will SHOF or its suppliers be liable for any damages or injury that result from the use of any materials on Our Websites or the products purchased by the Member from Our Websites. MEMBER ACCESSES OUR WEBSITES AT HIS OR HER OWN RISK. OUR WEBSITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING, TRADE OR PERFORMANCE, ARE SPECIFICALLY DISCLAIMED. NEITHER SHOF NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OUR WEBSITES, ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SHOF OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN OUR WEBSITES, ANY COMPATIBILITY BETWEEN OUR WEBSITES AND THE MEMBER’S FILES, AND THE MEMBER’S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM.
THE PROVISIONS IN THIS SECTION ARE APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SHOF, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, MEMBER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. MEMBER AGREES THAT SHOF IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT OUR WEBSITES.
MEMBER AGREES NOT TO SEEK TO HOLD SHOF OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER MEMBERS OR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF MEMBER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF OUR WEBSITES.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to certain Members.
SHOF provides links to other sites that are not maintained by SHOF. SHOF does not endorse those sites and is not responsible for the content of such other sites. Any dealings among any Member and any third parties mentioned on or found through Our Websites are solely between the Member and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings.
6. Product and/or Services Descriptions
It is the goal of SHOF and its affiliates to be as accurate as possible in its product and/or services descriptions. However, SHOF does not warrant that product and/or services descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product and/or service offered through Our Websites is not as described, the Member’s sole remedy is to terminate his or her Membership.
Returns and Exchanges. Please see our Returns & Exchanges Policy [insert link] which is incorporated herein by reference.
Pricing and Sales Tax Policy. Prices and offers are subject to change. Our Websites collect and remit sales tax as required by United States law.
Paying for Your Online Order. You may pay for your orders with SHOF using a Visa, MasterCard or American Express account. You can place your orders through the shopping cart on Our Websites. After you place an order, we will check the information you give us for validity, by verifying your method of payment or shipping address. SHOF does not retain any credit card information on Our Websites or otherwise. SHOF only uses your credit card information to process the transaction you have requested. We reserve the right to reject any order you place with us, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Shipping Policy. All orders placed on Our Websites are subject to product availability and will be shipped according to the shipping rate listed on the product details pages. SHOF is only able to ship to the contiguous United States.
7. Confidentiality; Privacy Policy; Children
Member may be required to select a MEMBERname and password when accessing certain portions of Our Websites. SHOF may refuse to grant a Membername/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by SHOF's sole discretion. The Member is responsible for maintaining the confidentiality of his or her account and password information and for restricting access to his or her computer. The Member agrees to accept responsibility for all activities that occur under his or her account or password. SHOF does not sell products for purchase by children. MEMBERs under the age of 18 may only use SHOF with the involvement and approval of a parent or guardian. SHOF and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. Please see SHOF’S privacy policy [insert link], which is incorporated herein by reference, for a detailed description of the types of information gathered by SHOF and its affiliates through Our Websites.
8. Documentation of Visitor Use and Abuse
As a visitor or Member to Our Websites, you agree to having your IP address (Internet Protocol Address) recorded and stored. A unique I.D. tag (UNIQUE IDENTIFIER TAG) will be used to identify potential abusers in the form of an email address, image tag, web page or cookies. Suspect abusers will have an exclusive tag within our database to identify the abuser or abusing organization as such. Members and visitors agree not to utilize this unique identifier tag for any reason.
VISITORS AND MEMBERS AGREE THAT GATHERING, STORING, RETAINING, COMPILING, HARVESTING OR TRANSFERRING TO A THIRD PARTY OR SENDING ANY COMMUNICATIONS TO THE UNIQUE IDENTIFIER TAG BINDS THE VISITOR TO AN ACCEPTANCE AND ENSUING BREACH OF THESE TERMS.
9. Special License Restrictions for Non Human Visitors
Special restrictions on a visitor's license to access Our Websites apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from Our Websites automatically.
Email addresses on Our Websites are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address Our Websites contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, and/or storing Our Websites’ email addresses is recognized as a violation of these Terms and expressly prohibited.
10. Geographic Limitation
Information on our Websites includes descriptions of products and services available only to Members residing in the United States of America. Our Websites are operated in the State of North Carolina, United States of America. SHOF will have no Members outside of the United States.
11. Governing Law; Disputes; Severability; Jurisdiction
These Terms and any disputes arising hereunder are governed and interpreted exclusively pursuant to the laws of the State of North Carolina, United States of America, notwithstanding any principles of conflicts of law. The Federal or State courts located in Cook County, Illinois shall have exclusive jurisdiction over any disputes and shall serve as exclusive venue for any proceedings related to any such disputes hereunder. To the fullest extent permitted by applicable law, no proceeding under these Terms shall be joined to another proceeding involving any other party subject to these Terms, whether through class action proceedings or otherwise. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
12. Termination and Website Closure
Either SHOF or Member may terminate these Terms at its discretion. In addition to SHOF's other rights, SHOF may terminate access to Our Websites or cancel membership to any service that SHOF provides on Our Websites if Member breaches these Terms in any way or engages in conduct that SHOF deems inappropriate. In the event of termination of these Terms, the provisions found in Sections 3, 5, 8, 10, 11, 12 and 13 shall survive. In the event that SHOF ceases operation and promotion Our Websites, such Websites will be available to each existing Member for a period of 24 months after SHOF ceases operation. Each Member will be able to request a digital copy of his/her Member page by contacting SHOF via email at [email protected]. SHOF retains the sole right to accept or reject each request on a case-by-case basis.
13. Miscellaneous
These Terms and the incorporated policies constitute the entire agreement between SHOF and Member regarding the subject matter hereof. Any previous Terms, whether oral or written, between SHOF and Member dealing with the subject matter hereof is superseded.
Upon Member's breach of these Terms, SHOF may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages as well as injunctive relief. SHOF's remedies are cumulative and not exclusive. Failure of SHOF to exercise any remedy or enforce any portion of these Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of these Terms at any time thereafter.
Member agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHDS01 MAV 898218v1
