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Terms of Use

These Terms of Use apply to the Mythmakers website located at snowbynight.com and all associated sites linked to snowbynight.com by Mythmakers (collectively, the “Site”). The Site is the property of Mythmakers LLC (“Mythmakers”). By using this Site, you agree to be bound by these Terms of Use. If you do not agree, do not use the Site.

Mythmakers reserves the right, at its sole discretion, to modify, add, or remove portions these Terms of Use at any time. When we change the terms in a material way, we will post a notice on our Site along the with the updated Terms of Use. Continued use of the Site following the posting of changes means that you accept the changes. As long as you comply with these Terms of Use, Mythmakers grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site.


Use of Content

All artwork, text, graphics, photographs, logos, and any other original content (collectively, "Content") contained on the Site is owned or licensed by Mythmakers and is protected by copyright, trademark, other intellectual property rights, and unfair competition laws. Except as necessary for your own personal use, you agree to not copy, reproduce, upload, “mirror,” translate, or distribute by any means any part of the Site or Content without Mythmakers’ express prior written consent.

Submissions

By submitting content on the Site, either as a comment or fan art, you agree to grant Mythmakers a non-exclusive right to display such content on the Site and to distribute such content and use such content for promotional and marketing purposes. You agree that submissions to the Site will not be offensive or abusive to other visitors. Mythmakers reserves the right not to post content submitted to the Site and to remove user-submitted content from the Site at any time and without notice.

Prohibited Uses of the Site

You agree not to use any device, program, algorithm or similar manual process, to access, copy, or monitor any portion of the Site or to circumvent the navigational structure of the Site. You agree not to breach the security measures to any portion of the Site or to any of the services through the Site. You agree not to probe, scan, or test the vulnerability of the Site or any network connected to the Site. You agree not to exploit the Site in any way where the purpose is to reveal any information, including personal identification information other than your own information. You agree not to use any device, software or other means to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.

Privacy

Mythmakers' Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view MythmakersPrivacy Policy, click here. Additionally, you acknowledge that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a notice that a particular transmission (such as credit card information) is encrypted.

Links to Other Sites

This Site contains links to third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under Mythmakers' control, and we are not responsible for the content and services on them.

Disclaimers

The Site and the Content are delivered on an “as-is” and “as-available” basis. All Content provided on this Site is subject to change without notice. The update schedule is a guideline only, and Mythmakers will make Content updates at our discretion. We do not promise that the Site or the Content will be uninterrupted or error-free. We reserve the right to correct any errors on this Site, but we do not promise that defects will be corrected.

Although we intend to take reasonable steps to prevent the introduction of viruses, worms, or other destructive materials to the Site, we do not guarantee that this Site or materials downloaded from this Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. Your use of this Site is solely at your own risk.

Mythmakers disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with our Site or related to your use of the Site. We do not make any warranties, express or implied, including those of merchantability and fitness for a particular purpose, with respect to any information or goods that are advertised through the Site.

Mythmakers reserves the right to do any of the following, at any time, without notice: (1) to suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify the Site, or any portion of the Site; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform maintenance, error correction, or other changes.

You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against Mythmakers for dissatisfaction with the Site or any Content is to stop using the Site.

Indemnity

You agree to indemnify and hold Mythmakers, its officers, employees, and agents harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Mythmakers by any third party due to or arising out of or in connection with your use of the Site.

Violation of Terms of Use

You agree that Mythmakers may, in its sole discretion and without prior notice, terminate your access to the Site if we determine that you have violated these Terms of Use. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Mythmakers, for which monetary damages would be inadequate, and consent to Mythmakers obtaining any injunctive or equitable relief that Mythmakers deems necessary in such circumstances. These remedies are in addition to any other remedies Mythmakers may have at law or in equity.

If Mythmakers does take legal action against you as a result of your violation of these Terms of Use, Mythmakers will be entitled to recover from you all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Mythmakers. You agree that Mythmakers will not be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access and use of the Site will be governed by the laws of the United States and the laws of the Commonwealth of Virginia. You agree to personal jurisdiction by and venue in the state and federal courts of Fairfax, Virginia and waive any objection to such jurisdiction or venue.

Void Where Prohibited

Mythmakers administers and operates the Site from its location in Fairfax, Virginia, United States of America. Although the Site is accessible worldwide, not all features, products, or services on the Site are available to all persons in all geographic locations, or are appropriate or available for use outside the United States. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Children

The Site is not intended for use by children under the age of 13. By continued use of the Site, you are affirming that you are 13 years old or older.

Severability

You agree that if any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

Entire Agreement

You agree that these Terms of Use constitute the entire agreement between you and Mythmakers with regard to your use of the Site, and any and all other written or oral agreements existing between you and Mythmakers with respect to use of the Site are superseded and cancelled.

Waiver

Mythmakers will not accept any counter-offers or waivers to these Terms of Use, and all such offers are hereby rejected. Mythmakers’ failure to enforce strict performance of these Terms of Use shall not be construed as a present or future waiver of such provisions, nor in any way affect the right of Mythmakers to enforce these Terms of Use.


Updated 4 September 2012.