By downloading any assets from the Bad Elf Press Kit (the “Press Kit”), you signify your consent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions, do not use the Press Kit. We may revise and update these Terms and Conditions at any time without notice to you. You shall be responsible for any updates, changes or additions that we post to the Bad Elf Press Kit. Your continued usage of the Press Kit will mean you accept those changes.
a. The content, including without limitation, logos, images, artwork, photographs, videos, etc. posted in the Press Kit is owned by Bad Elf, LLC and is the subject of trademark and copyright protection in the United States and internationally. The downloadable material in the Press Kit may be used only by authorized members of the press as a promotional tool to promote Bad Elf products and services on professional media websites, publications, and broadcasts. No other uses are permitted without prior written consent from Bad Elf. Use of the material in violation of the foregoing may result in civil and/or criminal proceedings and penalties. All rights not expressly granted herein are reserved to Bad Elf.
b. Any use, duplication, display, preparation of derivative works based upon, or distribution of the Press Kit materials, other than as expressly permitted herein or pursuant to the written authorization of Bad Elf, is strictly prohibited. You may not lease or sell the material in whole or in part. Bad Elf reserves the right to pursue any and all legal remedies to terminate any unauthorized use, duplication, display, preparation of derivative works based upon, or distribution of, the material.
c. The Press Kit material cannot be used for parody or other distortion of any plot, theme, idea, image, likeness, character or name, nor in any way disparaging to Bad Elf. Any use of the material not expressly provided for hereunder must be approved by Bad Elf, in its sole discretion. The permission granted herein to use the material may be revoked at any time by Bad Elf.
d. The Press Kit material is subject to change and your ability to access and/or use the material may be terminated without notice at the sole discretion of Bad Elf. Nothing herein shall constitute a representation or warranty by Bad Elf that the material shall be error free.
e. If you violate any of these Terms and Conditions, without limiting any rights or remedies available to Bad Elf, your permission to use the Press Kit material automatically terminates and you must immediately destroy any copies you have made of any portion of the material and discontinue accessing the Press Kit.
a. In your use of the Press Kit, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
(i) use the Press Kit for any purpose in violation of local, state, national, or international laws,
(ii) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights,
(iii) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the website, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website,
(iv) interfere with, interrupt, damage, disable, overburden, or impair the website made available on or through the website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology,
(v) attempt to gain unauthorized access to other computer systems through the website,
(vi) linking to the website or any material displayed or accessible through the website, or
(vii) assist any third party in doing any of the foregoing.
b. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Press Kit, or make any unauthorized use thereof. You agree that you shall not use the Press Kit in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Press Kit.
a. The use of the Press Kit is at your own risk.
b. When using the Press Kit, information will be transmitted over a medium that may be beyond the control and jurisdiction of Bad Elf. Accordingly, Bad Elf assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Press Kit.
c. The Press Kit and the material are provided on an “as is” basis. Bad Elf, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Bad Elf makes no representations or warranties about the following: the accuracy, reliability, completeness, currentness, or timeliness of the material, software, text, graphics, links, or communications provided on or through the use of the Press Kit.
d. In no event shall Bad Elf or any third parties mentioned on the Press Kit be responsible for any claims if these Terms and Conditions are not followed or liable for any incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Press Kit, whether based on warranty, contract, tort, or any other legal theory, and whether or not Bad Elf or any third parties mentioned on the Press Kit are advised of the possibility of such damages. Given that the Press Kit is provided to you on a gratuitous basis, the liability of Bad Elf and any third parties mentioned on the Press Kit shall be limited to actual damages incurred by you, not to exceed U.S. $1. Bad Elf or any third parties mentioned on the Press Kit are not liable for any personal injury, including death, caused by your use or misuse of the Press Kit. Any claims arising in connection with your use of the Press Kit, must be brought within one (1) year of the date of the event giving rise to such action occurred.
Your remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree to defend, indemnify, and hold Bad Elf and its employees harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:
(i) your use of and access to the Press Kit; or
(ii) your violation of any term or condition of these Terms and Conditions. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Press Kit.
a. Bad Elf is based in Tariffville, CT in the United States of America. Bad Elf makes no claims that the Press Kit is appropriate or may be downloaded outside of the United States. Access to or use of the material may not be legal or authorized by certain persons or in certain countries due to the applicable laws in a country or due to the terms and conditions set forth herein. If you access the Press Kit from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws in the jurisdictions which you are accessing the Press Kit and for compliance with all of your obligations under these Terms and Conditions.
b. The following provisions survive the expiration or termination of the Terms and Conditions for any reason whatsoever: Liability, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.
a. You expressly agree that exclusive jurisdiction for any dispute with Bad Elf, or in any way relating to your use of the Press Kit, resides in the federal and state courts of Connecticut, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Bad Elf or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
b. These Terms and Conditions are governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.