Terms of Service
Last Updated: March 27, 2020
Website content including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Eikonoklastes, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Eikonoklastes, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Eikonoklastes owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Your Rights to Use the Service and Content
Your right to use the Service and Content is subject to your strict compliance with these TOS. Your right to access and use the Service and the Content shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advanced notice or liability. As your right to access and use the Service and the content is personal to you, you may neither assign nor transfer your right; any attempt to do so is void. You may access and use the Service for your personal, non-commercial, lawful use only. You shall not use the Service or the Content in a manner that exceeds your rights under these TOS. You shall not use the Service or the Content in a manner that infringes, misappropriates, or violates the intellectual property rights or other rights (including the rights of publicity and privacy) of Eikonoklastes or any third party. We are not responsible for any third parties or their content (including sites or advertisements), including those made available or linked to on the Service.
Unless we otherwise agree in writing, we have no obligation to treat anything that you submit to us, including plans, information, or other materials (“Submissions”) as confidential. We may use any Submissions through the Service or to contact information posted or linked on the Service for any purpose and in any manner, as we determine in our sole discretion. You represent and warrant that you have all rights in and to your Submissions such that the use and processing thereof by Eikonoklastes does not and will not infringe, misappropriate, or violate the intellectual property rights or other rights (including the rights of publicity and privacy) of any third party.
No Offer, Solicitation or Advice
Except as otherwise provided in writing, nothing on the Service (including any Content) is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by Eikonoklastes in writing, neither this Service nor any of the Content make any effort to present a comprehensive or balanced description of Eikonoklastes or its investment activities.
DISCLAIMER OF WARRANTIES
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Eikonoklastes DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICE, OR CONTENT OR OTHER Eikonoklastes PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Eikonoklastes PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Eikonoklastes WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICE, CONTENT, OR OTHER Eikonoklastes PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY Eikonoklastes PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICE OR CONTENT.
These Terms of Service are the entire understanding between you and us regarding the use of the Service, and supersede all prior and contemporaneous agreements and understandings between you and us regarding this subject matter. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these TOS in our sole discretion. You should periodically review these TOS so that you are aware of the terms and conditions that apply to your use of the Service. Your use of the Service after any modification constitutes your acceptance of the most recent version of these TOS as modified. These TOS and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these TOS or any of our rights and obligations under it.
For help with the Service or if you have any questions or concerns regarding the Service or these TOS, please contact us at firstname.lastname@example.org.