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READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent
to these terms of use. If you do not agree to these terms of use, please do not use the
site. We reserve the right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically for changes. Your
continued use of Got Fog? (gotfog.com or fog-machines.com) following the posting of
changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Halloween
Online, LLC (referred to as "Halloween Online," "we," "us,"
or "our" herein). No material from Got Fog? (fog-machines.com) may be
copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on any single computer for your
personal, non-commercial home use only, provided you keep intact all copyright and other
proprietary notices. Modification of the materials or use of the materials for any other
purpose is a violation of Halloween Online's copyright and other proprietary rights. For
purposes of these terms, the use of any such material on any other Web site or networked
computer environment is prohibited. All trademarks, service marks, and trade names are
proprietary to Halloween Online and/or their respective authors or creators.
In the event you download software from the
site, the software, including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the "Software") are
licensed to you by Halloween Online. Halloween Online does not transfer title to the
Software to you. You own the medium on which the Software is recorded, but Halloween
Online retains full and complete title to the Software, and all intellectual property
rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-perceivable form.
JURISDICTIONAL ISSUES
This site is controlled and operated by
Halloween Online from its offices within the State of California, United States of
America. Halloween Online makes no representation that materials in the site are
appropriate or available for use in other locations. Those who choose to access this 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. Software from this site is
further subject to United States export controls. No software from this site may be
downloaded or otherwise exported or reexported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any such list.
TERMINATION
These terms are effective until terminated by
either party. You may terminate these terms at any time by destroying all materials
obtained from Got Fog? (fog-machines.com) and all related documentation and all
copies and installations thereof, whether made under the terms of these terms or
otherwise. These terms will terminate immediately without notice from Halloween Online if
in Halloween Online's sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must destroy all materials obtained from this site and
all copies thereof, whether made under the terms of these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HALLOWEEN ONLINE
(HALLOWEEN-ONLINE.COM) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HALLOWEEN ONLINE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HALLOWEEN
ONLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT HALLOWEEN ONLINE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL HALLOWEEN ONLINE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE,
EVEN IF HALLOWEEN ONLINE OR A HALLOWEEN ONLINE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HALLOWEEN ONLINE'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
OTHER
These terms shall be governed by and
construed in accordance with the laws of the State of California, without giving effect to
any principles of conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or federal courts
located in Los Angeles County and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be modified except in
writing, signed by both parties.
HALLOWEEN ONLINE ONLINE PRIVACY POLICY
The policies below are applicable to Got
Fog? (fog-machines.com), a site on the World Wide Web, owned and operated by Halloween
Online.
Halloween Online collects personally
identifying information only during (i) contest or sweepstakes registration and (ii)
subscription registration for sites which require subscription. In addition, information
is collected in certain portions of sites in which guests specifically and knowingly
provide such information along with content submissions, community postings (i.e., chat or
bulletin boards), suggestions, or voting. Halloween Online may use such information for
editorial and feedback purposes. Guests' e-mail addresses are never posted on Halloween
Online.
Information submitted at the time of
registration or submission may be used for marketing and promotional purposes by Halloween
Online. If a guest objects to such use for any reason, he / she may stop that use - either
by e-mail request or by modifying his/her registration information online.
By using this site, you signify your assent
to the Halloween Online Privacy Policy. If you do not agree to this policy, please do not
use the site. We reserve the right, at our discretion, to change, modify, add, or remove
portions of this policy at any time. Please check this page periodically for changes. Your
continued use of fog-machines.com following the posting of changes to these terms
will mean you accept those changes. |
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