Terms of Service
Last updated on April 20, 2021
These Terms of Service (the "Terms") govern your use of the fartmuseum.com website (the “Website”) as well as the services provided by Magic Hat Labs, Inc, a Washington corporation (the "Company", "we" or "us"), whether through the Website, mobile sites and applications, and integrations with third party services (the “Service”). Please read the following Terms carefully.
Your use of the Website and the Service signifies your understanding and agreement to be bound to these Terms and to comply with the applicable law, rules and regulations. If you do not agree to these Terms, please do not register and use the Website. You may not accept these Terms and use the Website if you are under the age of 13, if you are not qualified to create a binding legal agreement, or if the use of the Website is prohibited by the law applicable to you.
We may change, suspend or discontinue any aspect of the Website and/or the Service, at any time, including the availability of any Service. We may also modify, limit, deny or impose limits on certain features and services or restrict your access to parts or all of the Website. We may terminate your account for any or no reason at any time by ceasing to provide the Service to you. This may involve the deletion of your account information from our databases. We will not have any liability whatsoever to you for any such termination or deletion. You may cancel your account at any time.
We reserve the right at any time to charge fees for access to any parts of the Service that are now free. All new fees, if any, will be posted prominently on the Website and in other appropriate locations.
You agree to use the Website and the Service solely for the permitted use, which is understood to include browsing the content on the site.
In any event, however, you agree not to transfer or resell the Service, in whole or in part, to any third party, or allow unauthorized access to the Website or to the Service, by any third party. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
You agree not to access (or attempt to access) any of the Website or Service by any means other than through the interface provided by us. Without derogating from any other term of these Terms, you agree to use the Website and the Service solely for lawful purposes. You agree that you will not (i) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are related to the Service); (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or its third-party providers’) infrastructure; (iii) bypass any measures we may use to prevent or restrict access to the Service; or (iv) provide any information, including but not limited to email addresses or telephone numbers of friends, if you do not own or have permission to use such information.
Changes In the Terms
Limitation of Liability
We provide our Service using a commercially reasonable level of skill and care and we hope that you will find it useful. However, there are certain things that we do not promise about our Service. Without derogating from the provisions captioned "The Service" above, we accept no responsibility or liability in contract, tort, negligence, breach of statutory duty or otherwise for any inconvenience, loss, damage, costs or expenses whatsoever incurred or suffered by anyone as a result of any information contained in or provided by the Website (unless such liability may not be excluded or limited as a matter of law, and in such case, our liability will be limited to the maximum extent permitted by law).
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE AND THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE AND THE WEBSITE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, OR THAT ANY INFORMATION OR ADVICE OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE OR THE WEBSITE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY AND ITS AFFILIATES, OFFICERS, AGENTS, MEMBERS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR SUPPLIERS AND DISTRIBUTORS, FOR ALL CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE.
Content and Proprietary Rights
You understand that all information, such as data files, written text, computer software, music, audio files or other sounds, photographs, illustrations, videos or other images (as well as advertisements and sponsored Content within the Website) (together, the "Content") which you may have access to as part of, or through your use of, the Service are protected by copyright, patents, trademarks, trade secrets or other proprietary rights, and owned or controlled by the Company or its licensors. You acknowledge and agree that the Company (or its licensors) own all right, title and interest in and to the Website and the Service. You may not use any of the Company’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part). You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, duplicate, create new works from, distribute, perform, display or provide others with any portion of the Content or the Service, in whole or in part. You may not reverse engineer, decompile, disassemble, alter, duplicate, modify, prepare derivative works from, make copies of, distribute, provide others with or otherwise attempt to derive the source code from any application of the Website and/or the Service. Violation of these provisions may constitute a breach of applicable law (in addition to breach of these Terms) and may expose you to criminal liability.
You may download, send, share by direct link or copy the Content and other downloadable items displayed on the Service for the permitted use only, provided that you maintain all copyright and other notices contained therein. Copying, sending, sharing or storing of any Content for other than permitted use is expressly prohibited without prior written permission from the Company or the copyright holder. In this respect you may not, without limitation, use any material or content provided within the Website that is subject to any third-party proprietary rights, unless you have a license or permission from the owner of such rights.
Subscription and Refund Policy
Your subscription continues from one billing period (month or year) to the next. Should you terminate your subscription within any billing period, you will be able to continue the use of the Service for the remainder of such billing period, at which point the subscription will end and no further fees will be charged.
We do not issue refunds, except if and to the extent we are required to do so under applicable law.
We recommend contacting us for assistance if you experience any issues concerning our products.
We may change our service plans and prices upon 30-day notice, and any new plan or price will take effect as of the next billing period.
Third-Party Content and Services
The Website may contain links to other related websites, resources, and advertisers. We may have no control over these outside resources and we accept no responsibility or liability for such resources or for their accuracy or reliability. You acknowledge and agree that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
Your registration to the Website may be done using log-in credentials created by you upon registration by selecting a password and providing an e-mail address. To the extent that you will be required to provide any information, whether during your registration process or otherwise, you agree to provide true, accurate, current and complete information about yourself and to maintain such information true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your use of the Website.
You are responsible and liable for any activity by any person who uses the Website and/or the Service using your log-in credentials. You are responsible for maintaining the confidentiality of such log-in credentials and for any liability resulting from the use of such credentials.
You agree to immediately notify the Company of any suspected unauthorized use of the Website or any other breach of security known or suspected by you.
Communications with Users
Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless the Company and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Service and/or the Website or the use or misuse of contents of the Service and/or the Website by a third party even if using your password. This Indemnification section of the Terms survives termination of your account with the Service or your use of the Service.
Applicable Laws and Jurisdiction
You agree that the laws of the State of Washington, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Service or Website resides solely in the competent courts in Washington.
Correspondence should be sent to 1017 Pine Crest Cir NE, Issaquah, WA 98029
You agree to report any copyright violations to the Company as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Website or in the Service, please notify us as soon as possible at firstname.lastname@example.org