TERMS OF USE
Last updated: March 9, 2009
Welcome to www.capttmorgan.com. This Website, The Chronicles of Captain T. Morgan, is owned and operated by Captain T. Morgan Productions LLC, here-to-after referred to as the “Site”. The Website contains access to geocaching related information, forums, and such other services and sites, as may be made available from time to time by the Site. These Terms of Use form a legal Agreement between the Website user and/or account holder, here-to-after referred to as “You” or “Your” and Captain T. Morgan Productions LLC.
1. Information Available at this Site
This Site contains general information about The Chronicles of Captain T. Morgan and Captain T. Morgan Productions LLC, its activities, and its services. This Site also contains information about caches and related activities published to the Site by users like You. Captain T. Morgan Productions LLC does not guarantee the accuracy or timeliness of the information available on this Site. You are solely responsible for verifying the accuracy of any information available on this Site. Captain T. Morgan Productions LLC disclaims responsibility for Your reliance on information at this Site in Section 13 below.
2. Privacy
Captain T. Morgan Productions LLC will use Your personally identifiable information collected in connection with this Site, including without limitation Your name, e-mail address, or other information unique to You, such as personally identifiable information, in the following ways:
(a) Captain T. Morgan Productions LLC may use Your personally identifiable information to contact You about new caches in Your geographic area, to keep You notified of developments in the geocaching related activities, to give You updates on changes to the Site, and to allow You to log Your cache finds and share Your experiences with other users of the Site.
(b) Captain T. Morgan Productions LLC may also use Your personally identifiable information to statistically analyze usage of the Site, to improve Captain T. Morgan Productions LLC’s product and service offerings, to customize the Site’s content and layout, and to otherwise improve the Site.
Captain T. Morgan Productions LLC uses cookies and other types of Site user tracking technology to recognize Site visitors and to customize certain Site features and functions for repeat visitors. Information collected using cookies may be combined with personal information but may only be used as described herein. Cookies are required in order to log caches on the Site, and disabling the use of cookies may impact some of the Site features.
Captain T. Morgan Productions LLC will not sell, rent, or otherwise disclose personally identifiable information to any third party, except: (a) in connection with any merger or acquisition of Captain T. Morgan Productions LLC or Captain T. Morgan Productions LLC assets, including without limitation any restructuring activity with another legal entity; or as (b) as required by subpoena, search warrant, or other valid legislative or judicial process; (c) defend our rights or property, or to respond to an emergency situation. Captain T. Morgan Productions LLC may, however, disclose non-personalized, aggregate data to third parties as may be collected and processed in connection with the Site.
3. Use of Site License and Restrictions
Captain T. Morgan Productions LLC hereby grants You a non-exclusive, non-transferable, revocable license to view and use the Site in accordance with this Agreement and any guidelines or policies posted on the Site. Captain T. Morgan Productions LLC reserves the right to expel users and prevent their further access to this Website. Captain T. Morgan Productions LLC can suspend or revoke, in its sole discretion, the license hereunder and to prevent You from accessing all or any portion of the Site with or without notice or reason and without liability on the part of Captain T. Morgan Productions LLC for violating these terms or the law and reserves the right to remove any communications from this Site. The violation of any of the terms and conditions set forth in these Terms of Use Agreement shall result in the immediate revocation of your license to use the Site Material and obligates You to immediately destroy any copies of the Site Material in your possession.
Captain T. Morgan Productions LLC may change, suspend, or discontinue any portion of the Site, or any service offered on the Site, at any time, including but not limited to any feature, database, application, or content. Captain T. Morgan Productions LLC may also impose limits on certain features offered on the Site with or without notice.
The Site and all content available on the Site are protected by applicable intellectual property laws, and are for personal and noncommercial use. All rights not expressly granted in this Agreement are reserved by Captain T. Morgan Productions LLC or by the respective owners of the intellectual property rights. All materials available on or through the Site, other than Third Party Submissions (collectively, the “Site Materials”) are the property of Captain T. Morgan Productions LLC or of its licensors and are protected by copyright, trademark, and other intellectual property laws. Captain T. Morgan Productions LLC reserves the right to impose additional terms and conditions upon Your use and viewing of particular Site Materials (text, graphics, images, and other content), and any such terms and conditions may be posted on the Site in connection with those Site Materials.
You may not sell, modify, reproduce, retransmit, display, distribute or otherwise use the Site Materials, in whole or in part, in any manner, for any public or commercial purpose without the prior written consent of the owner of such materials, except as follows: You may make a single copy of the Site Materials solely for Your personal, noncommercial use, but such copying must be consistent with any applicable additional terms and conditions and You must preserve any copyright, trademark, or other notices contained in or associated with such Site Materials. You may not distribute such copies to others, whether or not in electronic form and whether or not for a charge or other consideration, without prior written consent of the owner of such materials. Use of the Site Material on any other website or in a networked environment is prohibited. You may not use the Website for the purpose of competing with Captain T. Morgan Productions LLC, The Chronicles of Captain T. Morgan, or its subsidiaries. If you have any questions, contact us at info@capttmorgan.com.
Subscription portions (if any) of the Site may contain additional terms and conditions applicable to use of that portion of the Site, including without limitation password usage and protection rules. If You subscribe to any service at this Site, You will be asked to agree to those terms and conditions as part of the subscription transaction, and those terms and conditions will be deemed incorporated into this Agreement by this reference.
The services and applications that are available electronically on this Website, and all applicable fees and service charges may be altered or amended by Captain T. Morgan Productions LLC at any time.
Profile Information
Information included in your Services profile, as identified in the application, including, but not limited to, your user name, password, and account data, is used as part of the Service with participating affiliates that offer their own servicing sites through Captain T. Morgan Productions LLC.
Password and Security
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all transactions and payments you authorize using the Services. If you permit Authorized Users or other persons to use the Services or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Services without your consent or without your permission, you must notify the Services at once by emailing them immediately.
Cancellation and Termination of Service
In Captain T. Morgan Productions LLC’s sole and absolute discretion, we may, without notice, restrict or terminate any person’s use of the Website and any Services, user accounts, user names or passwords at any time. You may cancel Services at any time. We will not be responsible for transactions that are already in process at the time of cancellation. Any such restriction or termination will not relieve any person of obligations incurred and accrued prior to the effective date of such termination.
Refund of Membership Fees
Upon the date of cancellation notice, membership fees will be refunded based on the following: a) prorated to a weekly basis over a 52 week year beginning with the date of membership. B) deduction of a $20 service fee, applicable postage, and any and all other incurred expenses or fees.
Service Fees and Additional Charges
Any fees associated with your Captain T. Morgan Productions LLC accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. Captain T. Morgan Productions LLC reserves the right to charge for the Services at any time. When applicable, you agree to pay any other applicable charges and authorize the Services to deduct such charges from your designated Captain T. Morgan Productions LLC account.
4. Use of Forums and Publishing Tools
The Captain T. Morgan Productions LLC forums, accessible through the applicable links in the Site’s navigation bar, are governed by this Agreement and may be subject to additional terms and conditions as posted by Captain T. Morgan Productions LLC, which may, from time to time, be posted in a forums area. Forums include any blog, message board, chat room, user review, or other interactive service area appearing on this Website including both public boards and private folders. You must register in accordance with instructions that you will find on this Website in order to contribute to any and all forums and comply with the rules of Agreement for the forums or other such use of policy.
As a user of this Website, You are responsible for Your own communications and are responsible for the consequences of their posting. Therefore, You, and not Captain T. Morgan Productions LLC, are entirely responsible for all content that you upload, post or otherwise transmit via the Site. You agree not to:
(a) Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, hateful, harassing, torturous, defamatory, sexually explicit (written or images), slanderous, vulgar, obscene, libelous, invasive of another’s privacy, hateful, embarrassing, or racially, ethnically or otherwise objectionable to any other person or entity.
(b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
(c) Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationship.
(d) Upload, post or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person, including without limitation under any privacy or publicity rights unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
(e) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, business solicitations, or any other form of solicitation.
(f) Upload, post or otherwise transmit any content that contains viruses or any other computer code, files or programs which interrupt, destroy, limit the functionality of, or cause damage to the Site or any computer software or hardware or telecommunications equipment.
(g) Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
(h) Interfere with or disrupt the Site or servers or networks connected to the Site, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Site.
(i) Violate any applicable local, state, national or international law.
(j) Stalk, harass, or otherwise harm another Site user.
(k) Collect or store personal data about other Site users.
(l) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual.
(m) Use any forum in a commercial manner.
(n) Post material that solicits funds that advertises or solicits goods or services.
(o) Post material known to be false.
(p) Post messages that contain stock touts or provide financial guidance.
(q) Provide personal advice in regard to medical, psychological or relationship condition.
We retain the right to reject, modify or remove messages or other material that we, in our sole discretion, consider to infringe on the terms of this Agreement. We also reserve the right to edit materials that we, in our sole discretion, consider to infringe on the terms of this Agreement. Whether or not we modify or remove such material, You, the user, remain solely responsible for the content of Your messages and postings.
The information contained in or made available through this Site (including but not limited to information contained on blogs, message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, engineering, construction, financial, medical, or legal matters. We, and our licensors or suppliers make no representations or warranties concerning any of the information offered or provided within or through this Site. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
5. Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Captain T. Morgan Productions LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; or (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or other measures we may use to prevent or restrict access to the Site.
6. License to Use Submissions
Captain T. Morgan Productions LLC welcomes Your comments on our Website, products, and services. However, You acknowledge that all comments, creative suggestions, ideas, notes, drawings, concepts, inventions, or other such information originated by You (collectively, the “Submissions”) submitted to Captain T. Morgan Productions LLC in connection with the Site or available through the Site remain the property and copyright of Captain T. Morgan Productions LLC. If You submit Submissions to Captain T. Morgan Productions LLC, You must adhere to any applicable submission guidelines that may be posted on the Site. By submitting any Submission to Captain T. Morgan Productions LLC, You grant Captain T. Morgan Productions LLC a worldwide, across the Universe, non-exclusive, transferable, perpetual, irrevocable, fully-paid royalty-free license and right to use, reproduce, distribute, import, broadcast, transmit, modify and create derivative works of, license, offer to sell, and sell, rent, lease or lend copies of, publicly display and publicly perform that Submission for any purpose and without restriction or obligation to You.
The foregoing license rights are intended to provide to Captain T. Morgan Productions LLC all rights under existing and future laws, including without limitation all rights under copyright and any other rights personal to You to publish the Submission on the Site, use the Submission in publicity and promotional materials for the Site and to create new Sites or derivative works (including without limitation by combining the Submission with other content) for public display or performance via any and all media or technology now known or later developed. The foregoing rights may be licensed and sublicensed through unlimited tiers of third parties.
7. Claims of Copyright Infringement
All articles, tutorials, screenshots, pictures, graphics, tools, downloads, digital formats, and all other materials submitted to Captain T. Morgan Productions LLC in connection with the Site or available through the Site remain the property and copyright of the original author.
Captain T. Morgan Productions LLC respects the intellectual property rights of others, and Captain T. Morgan Productions LLC asks that all users of the Site do the same. If You believe that Your work has been published on the Site in a way that constitutes copyright infringement, You may notify Captain T. Morgan Productions LLC’s copyright agent by providing the following information:
(a) Identification of the copyrighted work that You claim has been infringed.
(b) Identification of the material that You claim is infringing and needs to be removed, including a description of where it is located on the Site.
(c) Your name, full address, telephone number, and, if available, e-mail address, so that Captain T. Morgan Productions LLC can contact You about Your complaint.
(d) And a signed statement that the above information is accurate; that You have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent by mail to the attention of “Copyright Agent”, as follows:
By Mail:
Captain T. Morgan Productions LLC
P.O. Box 3701
Granada Hills, CA 91394
Attn: Copyright
Captain T. Morgan Productions LLC’s copyright agent may also be contacted by phone or e-mail:
By Phone: 1.818.363.4914
By E-Mail: info@capttmorgan.com
If You give Captain T. Morgan Productions LLC notice of copyright infringement by e-mail or phone, Captain T. Morgan Productions LLC’s copyright agent may begin investigating the alleged copyright infringement; however, Captain T. Morgan Productions LLC’s copyright agent must receive Your original signature by mail before Captain T. Morgan Productions LLC is required by law to take any action. More information about U.S. copyright laws can be found at the United States Copyright Office.
Our policy is to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
8. Trademark and Logo Usage
The Captain T. Morgan Productions LLC trademark and geocaching logos are propriety to Captain T. Morgan Productions LLC. Captain T. Morgan Productions LLC retains all rights, titles, and interest in and to those trademarks and logos. The trademarks and logos included in the Site Material are, unless otherwise noted, trademark and logos owned by or licensed to Captain T. Morgan Productions LLC. The use of the trademark and logos, except as provided in these Terms and Conditions, is prohibited. From time to time, Captain T. Morgan Productions LLC makes fair use on the Website of trademarks owned and used by third parties. Any such trademarks are clearly noted, and Captain T. Morgan Productions LLC makes no claim to ownership of those trademarks.
You agree that Your use, if any, of the Captain T. Morgan Productions LLC trademark and geocaching logos will be in accordance with Captain T. Morgan Productions LLC’s guidelines posted at www.capttmorgan.com, as the foregoing may be updated from time to time at Captain T. Morgan Productions LLC’s sole discretion, as well as any additional applicable guidelines that Captain T. Morgan Productions LLC may post on the Site.
9. Links
This Website contains links to Websites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Captain T. Morgan Productions LLC of the content on those other sites. Captain T. Morgan Productions LLC is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Website, You do so at your own risk.
10. Indemnity
You agree to indemnify and hold Captain T. Morgan Productions LLC, its officers, employees, agents and volunteer administrators harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys’ and accounting fees) that Captain T. Morgan Productions LLC may incur in connection with: (a) Your breach of any of the terms of this Agreement; or (b) Your use of the Site. Captain T. Morgan Productions LLC reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
11. NO WARRANTIES
Neither Captain T. Morgan Productions LLC, nor any successor, predecessor, agent, officer, or employee of Captain T. Morgan Productions LLC, warrants the accuracy, reliability, or timeliness of any information or downloads published to or otherwise accessible via the Site (“Site Information”). Captain T. Morgan Productions LLC will not be liable for any damage or loss caused by Your reliance on the accuracy, reliability, or timeliness of Site Information. Because of the number of possible sources of information available through the Site, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in the Site Information. The Site Information may include facts, views, opinions, and recommendations of individuals and organizations. Captain T. Morgan Productions LLC does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by persons other than authorized Captain T. Morgan Productions LLC spokespersons, including, without limitation, information contained in the forum areas of the Site. The Site may also contain links to one or more Internet sites outside of the Site. Captain T. Morgan Productions LLC is not responsible for the content of such outside Internet sites and does not warrant the accuracy, reliability, or timeliness of any information or downloads posted on or obtained from such outside Internet sites. You rely on the Site Information, as well as information found on outside Internet sites linked to the Site, at Your own risk.
Geocaching, hiking, backpacking, and other outdoor activities involve risk to both persons and property. There are many variables including, but not limited to, weather, fitness level, terrain features, and outdoor experience, that must be considered prior to seeking or placing a cache. Be prepared for Your journey and be sure to check the current weather and conditions before heading outdoors. Always exercise common sense and caution. You assume all risks arising in connection with seeking a cache or any other related activity.
THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION AND ALL OTHER CONTENT PROVIDED ON THE SITE, ARE PROVIDED TO YOU “AS IS”, AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION AND THE RESULTS AND PERFORMANCE OF THE SITE. CAPTAIN T. MORGAN PRODUCTIONS LLC HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. CAPTAIN T. MORGAN PRODUCTIONS LLC GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR CAPTAIN T. MORGAN PRODUCTIONS LLC’S EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, CAPTAIN T. MORGAN PRODUCTIONS LLC GIVES NO WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES; OTHER HARMFUL MATERIAL, OR ANY OTHER WARRANTY.
13. LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT CAPTAIN T. MORGAN PRODUCTIONS LLC, ITS OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEER ADMINISTRATORS WILL NOT BE LIABLE FOR, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SITE INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF CAPTAIN T. MORGAN PRODUCTIONS LLC, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY. ALTHOUGH CAPTAIN T. MORGAN PRODUCTIONS LLC STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, CAPTAIN T. MORGAN PRODUCTIONS LLC, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATOR’S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON SITE INFORMATION, WILL BE LIMITED TO U.S.$10.00 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE CAPTAIN T. MORGAN PRODUCTIONS LLC, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
14. California Law and California (Los Angeles County) Forum
This Agreement is governed by the laws of the State of California, U.S.A. All disputes arising from this Agreement shall be resolved by referring the dispute to arbitration. Such arbitration shall be binding and shall be conducted in the State of California, County of Los Angeles. The arbitrators shall have discretion to order the losing party to pay the prevailing party’s costs and expenses of arbitration, including attorney fees and arbitration fees. In agreeing to the foregoing, the Parties specifically agree to forego the opportunity to litigate the matters at issue between the parties. The arbitrator shall follow and use, exclusively, the laws of the State of California in all procedural and substantive issues.
Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Captain T. Morgan Productions LLC’s performance under this Agreement is subject to all applicable laws and regulations. You agree that Captain T. Morgan Productions LLC may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. In any formal action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, Captain T. Morgan Productions LLC will be entitled to recover all costs, including reasonable attorney’s fees.
15. Changes to this Agreement
Captain T. Morgan Productions LLC reserves the right to revise the terms of this Agreement at any time and from time to time without prior or any notice to You. Each time You use the Site, You are bound by the version of this Agreement that is in effect and posted on the Site at the time of Your use. Please review the terms of this Agreement upon each and every use of this Site.
16. Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible. Captain T. Morgan Productions LLC’s failure to act with respect to a breach by You or others does not constitute a waiver of Captain T. Morgan Productions LLC’s right to enforce its rights with respect to subsequent or similar breaches. This Agreement, along with any Site guidelines or policies posted on the Site or otherwise provided to You by Captain T. Morgan Productions LLC, constitutes the entire Agreement between You and Captain T. Morgan Productions LLC with regard to Your use of the Site.
The Chronicles of Captain T. Morgan’s logo is a trademark of Captain T. Morgan Productions LLC, Copyright 2009. All rights reserved. Site Content, Copyright 2009, Captain T. Morgan Productions LLC. All rights reserved.
