Rogar Studios, Inc. Terms of Use

Introduction

This website (the "Website") is operated by Rogar Studios, Inc. ("RSI").  The Terms of Use set forth below constitute a contract binding on all users of this Website.  By directing your browser to this Website or otherwise accessing, using, framing or linking to the pages of this Website, you acknowledge that you have read, understand and accept these Terms of Use.  RSI may change the Terms of Use at any time at its sole discretion.  RSI reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that RSI determines has violated any aspect of these Terms of Use.  RSI reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by RSI.

Privacy

You should appreciate that all information submitted on the Website might potentially be publicly accessible.  Important and private information should be protected by you.  We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize.  See RSI's [insert link to privacy policy] for more information regarding privacy.  RSI's privacy policy is incorporated into and a part of these Terms of Use.

Security

RSI uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information.  However, “perfect security” does not exist on the Internet; RSI cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.

Access and Proprietary Rights

So long as you comply with these Terms of Use, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use in order to learn more about RSI or its products and services, or to otherwise communicate with RSI or utilize its services.  Any copies made by you must retain without modification any and all copyright notices and other proprietary marks.  The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products.  Violation of this restriction may result in infringement of intellectual property and contractual rights of RSI or third parties which is prohibited by law and could result in substantial civil and criminal penalties.  “Doodles The Crayon,” “Eeky Eeky Kronk,” “Funkins,” “Kwirks,” “Miss Molly,” “Sheira And Loli’s Dittydoodle Works,” and “It’s Like Vitamin’s For A Child’s Imagination” and other identifying marks of RSI are proprietary to RSI.  You may not use these marks for any purpose without the express prior written consent of RSI.  Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of RSI or any third party.

In certain instances, RSI may agree to provide you with access to secure, password protected pages of the Website.  Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.

RSI may reproduce, publish and otherwise use communications you send to or receive from RSI by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the purpose of developing, manufacturing, and/or marketing of products or services incorporating such information.  You hereby grant to RSI a perpetual, non-exclusive, world-wide, sublicensable, royalty-free and fully paid license to use your such intellectual property rights, as well as any personal data you provide to RSI, for any lawful purpose.

Links

This Website may contain links to other websites that are not operated or controlled by RSI.  Use of these links to access other Internet sites is at your own risk.  RSI is not responsible for the accuracy,  reliability or quality of any information or services provided or products sold at these sites.  RSI establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.

Notices and Disclaimers

THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT RSI'S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE.  USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

The products and services mentioned or promoted on the Website, including password protected information relating thereto may be changed by RSI at any time without notice.  Information about products or services offered by third parties are referred to on the Website for information purposes only.  RSI's provision of any such information is not intended to constitute an endorsement or recommendation, by RSI, of such products or services.

USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES RSI PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED BY OR PROVIDED TO USERS OF THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE).  RSI EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE OR ANY LINKS TO THIS WEBSITE.  IN NO EVENT SHALL RSI BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE TO THIS WEBSITE.  RSI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE AND THE USE OR INABILITY TO USE THIS WEBSITE, EVEN IF RSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT RSI CORRECT THE MATTER OR, IF RSI FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE AT YOUR OPTION.

Laws and Regulations

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to its conflict of law provisions.  Any legal proceedings relating to these Terms of Use or the Websites shall be initiated in a state or federal court located in New York, and you hereby consent to the exclusive jurisdiction of such courts.

Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction.  Information on this Website may be subject to U.S. export and re-export control restrictions.  Your use of this Website may be subject to the laws of other countries if you are not located in the United States.

If any of the provisions of these Terms of Use are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions of these Terms of Use.