Terms Of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE TO BE SURE YOU UNDERSTAND THEM COMPLETELY. USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND ADHERE TO THESE TERMS OF USE.
These Terms Of Use ("TOU") govern your access to and use of this web site operated by The Cathodes. These Terms of Use are a legally binding agreement between you and The Cathodes, and contain important information about our site and your use of our site. If you do not agree to these Terms of Use, please do not use the site.
1. Disclaimer
Whilst reasonable care is taken to ensure that the information contained on this web site is accurate, we cannot guarantee its accuracy and we reserve the right to change the information on this web site (including these TOU at any time without notice. You must check these terms and conditions for changes each time you intend to use this web site.
The Cathodes provides this web site on an "as is" basis and makes no representations or warranties of any kind with respect to this web site or the content contained on it (including any text, graphics, advertisements, links or other item) and disclaims all such representations and warranties. In addition, neither we nor any other contributor to this web site make any representation or gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the content contained on this web site or that such content will be accurate, up to date, uninterrupted or error free.
2. Ownership of Content
The Cathodes web site may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as "Content," but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. The Cathodes makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by The Cathodes or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.
3. Copyright
Copyright to all content on the site is either owned by The Cathodes or is licensed to The Cathodes. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights. The use of any such material on any other web site or networked computer environment is prohibited without the express written permission of The Cathodes.
4. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CATHODES, ITS MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OR FAILURE OF ANY WARRANTY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH PURCHASE OF GOODS FROM US OR THE TERMS OF THIS AGREEMENT, INCLUDING WHETHER OR NOT A WOW HD PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CATHODES TOTAL LIABILITY IN CONNECTION WITH THE PURCHASE OF GOODS THROUGH THE PLATFORM OR THIS LIMITED WARRANTY WILL NOT EXCEED THE PURCHASE PRICE FOR SUCH GOODS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree that the provisions contained in this section will survive any termination or expiration of this Agreement and/or your account, or of discontinuation of all or any portion of the The Cathodes web site.
5. Indemnification
You agree to defend, indemnify and hold The Cathodes harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or related to: (i) your use of and access to The Cathodes web site; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties contained herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any content that is submitted via your account; or (vi) any other party's access and use of any portion of The Cathodes web site with your unique username, password or other appropriate security code. You agree that the provisions contained in this section will survive any termination or expiration of this Agreement and/or your account, or of discontinuation of all or any portion of The Cathodes web site.
