WELCOME TO WONDETHINGSTUDIOS.COM!
This Agreement was last updated on 3/10/15.
BY ACCESSING OR USING THIS SITE YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU SHOULD NOT ACCESS OR USE THIS SITE.
1. Scope of Agreement
These Terms and Conditions of Use (otherwise known as the “Agreement”) is between you (“You”), and Wonderthing Studios, LLC (“Wonderthing”, or “we” or “us”).
This Agreement governs Your use of the Site, including any videos or other content You access that has been produced either by Wonderthing or by any third party. Wonderthing may change the terms of this Agreement at any time in its sole discretion, by posting additional or different terms on its Site. You are responsible for complying with the then-current version of the Agreement.
You must be eighteen (18) years old or older to establish an account to use the Site. You may use the Site if you are under 18 but at least 13, but only with the supervision of a parent or legal guardian. This Site is not intended for use at all by anyone under 13 years of age.
2. Use and Protection of Password and ID
(a) Wonderthing may assign or allow you to create a password and account ID for use of the Site. Each user who uses Your password and ID will be deemed to be authorized to access and use this Site. YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU. THIS INCLUDES ALL PURCHASES AND DOWNLOADS, UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS) THAT MAY RESULT.
(b) You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify Wonderthing of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security.
3. Content on the Site
Wonderthing reserves the right to modify, revise or otherwise change this Site at any time (including without limitation adding or discontinuing any content, or all services or transactions offered through this Site), in whole or in part.
The Site contains content developed by Wonderthing, LLC and third parties. Wonderthing does not warrant the accuracy of any information on the site.
(1) Subject to the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use this Site only for displaying this Site on Your Internet browser. Your access and use of this Site is further limited to personal, internal and non-commercial purposes only. Except as permitted in the limited license provided under this subparagraph, You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse‑engineer, disassemble, or decompile this Site.
(2) To the extent that Wonderthing grants You the right to upload Submissions to the Site:
- You warrant and represent that you own or have the right to license the rights granted above; that you have full power and authority to enter into this agreement; and that the Submissions (i) do not violate or infringe the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, privacy rights, publicity rights, and other proprietary rights; (ii) are not libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; and (iii) do not include bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
No Representations as to Content.
To the extent that Wonderthing grants You the right to download, or view Content from the Site:
- WONDERTHING MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE CONTENT, INCLUDING THIRD PARTY CONTENT, ON ITS SITE.
- Your use of any content produced by third parties and made available on the Site for sale or license (collectively, “Third Party Content”), including, but not limited to, text, video and audio files made available, shall be governed by the terms of this Agreement.
- The Third Party Content made available on the Site is the property of such third parties and not of Wonderthing. Wonderthing’s provision of the Content is in no way an endorsement or sponsorship of the Content. Wonderthing shall have no liability whatsoever to You for Your reliance on the Third Party Content or on any third party comments, reviews or information with respect to the Content that is displayed on the Site or otherwise made available to You. You are solely responsible for evaluating all such third party information in determining whether to view the Content. Wonderthing does not guarantee the availability of any Content.
- Wonderthing reserves the right to make the Content available in whatever format it now or hereafter may deem appropriate, in its sole discretion. Wonderthing will use reasonable efforts to notify You on the WebSite of any necessary software. You are solely responsible for having all necessary hardware and software to enable You to use the Content.
4. Availability and Use of Site
The availability of this Site depends on many factors, including some factors that are beyond Wonderthing’s control, such as Your connection to the Internet and the Internet backbone. Wonderthing shall not be liable to You if You cannot use this Site due to any reason.
5. Intellectual Property
(a) U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws.
(b) All information and data that is part of this Site, including without limitation, all Site content, and all trademarks, service marks, trade dress, logos and tag lines displayed on this Site (collectively, the “Marks”) are the sole and exclusive property of Wonderthing or third parties. You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual property or proprietary right of Wonderthing or any of the goodwill associated with any of the foregoing, unless otherwise stated in this Agreement To the extent that You use any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of Wonderthing, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Wonderthing.
(c) You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.
6. Notice of and Procedure for Copyright Infringement
(a) Wonderthing respects other’s intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, Wonderthing has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send Wonderthing’s Designated Agent a notice containing the following elements:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
- A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that Wonderthing can locate the material;
- Your address, telephone number and email address;
- A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
- A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
(b) Send the notice containing the above information to the following Designated Agent:
Name of Designated Agent: Wonderthing, LLC/IP Counsel – DMCA Notification
Aaron & Sanders PLLC
11 Lea Avenue, Suite 606
Nashville, TN 37210
Telephone number: 615-734-1122
E-mail Address: firstname.lastname@example.org
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING WONDERTHING OR ITS COUNSEL THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO WONDERTHING’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
7. Links to Other Internet Sites
This Site may contain links to Internet sites owned, operated or maintained by third parties not under Wonderthing’s control. These links are provided for Your convenience of reference only. Such links are not representative of Wonderthing’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
8. Governing Law and Jurisdiction; Limit on Commencing Actions
(a) This Agreement is governed by the laws of the State of Tennessee, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Davidson County, Tennessee, and the Middle District of Tennessee, U.S.A. in all disputes arising out of or relating to the use of this Site.
(b) You must commence any cause of action or claim against Wonderthing within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
9. International Access
This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, that are not available outside of the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.
10. Warranty Disclaimer; Limitation of Liability
(a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WONDERTHING DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. WONDERTHING DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WONDERTHING, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WONDERTHING HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WONDERTHING’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO WONDERTHING FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO WONDERTHING’S LIABILITY.
11. Contact Information
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to query [at] WonderthingStudios [dot] com
12. Reservation of Rights
Wonderthing reserves to itself any and all rights not expressly granted herein.
You agree to indemnify, defend and hold harmless Wonderthing, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this Site, including without limitation claims arising out of information or materials submitted to this Site by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. Wonderthing reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Wonderthing in the defense of such claims.
14. Relationship of Parties
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Wonderthing as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of Wonderthing and Wonderthing shall not be liable for any representation, act or omission by You to the contrary.
15. Injunctive Relief; Remedies
(a) You agree that Wonderthing’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Wonderthing shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Wonderthing may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees.
(b) All rights and remedies granted to Wonderthing under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Wonderthing at law or in equity.