Effective Date: June 1, 2016

Please read this Terms and Conditions of Use Agreement (this “Agreement”) carefully before using the Site. This Agreement governs your use of the Site. By accessing and using the Site, you signify and acknowledge your acceptance of this Agreement and our Privacy Policy. Your acceptance of this Agreement shall provide you with a limited, temporary, non-exclusive license to use the Site. This limited, temporary, non-exclusive license is freely revocable at any time, for any reason whatsoever, and with or without notice, by Old Hat Creative (the “Company”), as described more fully below. If you do not agree to this Agreement, please do not use the Site. Please print a copy of this Agreement for your records.

1. Intellectual Property. All information, content, services and software displayed on, transmitted through, or used in connection with the Site, including for example and without limitation to text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos and the like, as well as its selection and arrangement (collectively, the "Content"), is owned by the Company, and/or its affiliated entities. You may use the Content online only, and solely for your personal, non-commercial use. No other use of the Site is permitted without prior, written permission of the Company. Your license to use the Site is at all times contingent upon your full compliance with all provisions of this Agreement.

By using the Site, you agree that you may not: (i) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, (ii) distribute any Content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content, or (iv) scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way, and not to use any data mining, data gathering or extraction method.

Requests to use Content for any purpose other than as expressly permitted in this Agreement should be directed to info@oldhatcreative.com.

2. Infringement Complaints. The Company respects the intellectual property of others. If you believe your work has been copied in a way that constitutes an infringement or are aware of any infringing material on the Site, please contact the Company at the address listed in Section 12 below.

3. Restricted Areas of Site. Access to the Site and use of certain features of the Site is free. However, the Company may charge fees or otherwise restrict access to certain areas and premium features of the Site for the benefit of its paying customers. By using the Site, such customers acknowledge that: (i) they are at least EIGHTEEN (18) years of age, (ii) they agree to fully abide by the terms and conditions of this Agreement and the Company’s Privacy Policy, (iii) the Company reserves the right to charge fees for premium features and services, including those contained on or within the Site, (iv) they will not authorize others to use their account or otherwise provide their passwords or access codes to any third parties, and (v) access to premium features and services can be terminated by Company for failure to pay, expiration of any membership, or for violation of any of the guidelines regarding use of the Site (as determined in the sole discretion of the Company). The provisions of this Section 3 shall be in addition to, and shall not in any way limit, the other provisions of this Agreement or the Company’s Privacy Policy.

4. User-Provided Content. By providing information to, communicating with, and/or placing material on the Site (collectively, “User-Provided Content”), you represent and warrant that, in consideration of being allowed to use the Site, you irrevocably and unconditionally grant, transfer and assign all right, title and interest in and to the User-Provided Content to the Company. You represent and warrant that, as a result of this grant, transfer and assignment, you will retain no ownership rights in and to the User-Provided Content whatsoever. You acknowledge and agree that all rights in this Section are granted without the need for additional compensation of any sort to you and that you are waiving any claim against the Company arising directly or indirectly out of the User-Provided Content. All User-Provided Content shall immediately become a part of Content (as defined herein) upon posting by you.

Without limiting the other provisions of this Agreement in any way, you represent, warrant, acknowledge and agree that: (i) no User-Provided Content provided by you will cause injury to any person or entity, (ii) the Company solely owns all Content and User-Provided Content and retains the unfettered right to modify any portion of the Site in its sole discretion,  (iii) the Company may, in its sole discretion, make changes to the Site by modifying, adding or eliminating features, functions and abilities; (iv) and no content submitted by you will be unlawful under the laws of the United States of America and the State of Oklahoma. 

5. Prohibited Activities. Without limiting the other provisions of this Agreement in any way, you agree to not use the Site to:
a. upload, post, email, transmit or otherwise make available any information or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Company or Site official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email, transmit or otherwise make available any information or material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any information or materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
i. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
j. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to the Immigration and Nationality Act; and/or
k. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above. You acknowledge, consent and agree that the Company may access, preserve and disclose your account information, User-Provided Content and otherwise if required to do so by law, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company, Site users and the public.

6. Communications with Third Parties Through The Site. Your dealings or communications through the Site with any party other than the Company are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or utilize the offerings of third parties (e.g., through “plug-ins” and the like”). Under no circumstances will the Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to information, materials or services provided by third parties should be forwarded directly to the third party for handling.
During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, websites, advertisements, features, contests or sweepstakes offered by other parties. The Company is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

7. Transactions and e-commerce on our site. During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or Web services that would be provided from Old Hat Creative. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about the safety of online financial transactions, in most cases a telephone number will be made available so you can conduct your transaction by phone. The Company cannot take responsibility for the success or security of transactions undertaken or processed by third parties. On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to error, you agree that the Company is not responsible for such errors or discrepancies. All payments provided by the client are agreed upon at the signing of the Agreement, Contract, or at the Time of Services Rendered. All quotes will be provided with a proposal, agreement, outline of services as well as a Invoice for agreed/contracted work to begin. The transaction confirmation email will be provided to the email address that was entered on the site. The name that appears on the payers bank statement will be Old Hat Creative. Refunds may be provided if a overpayment had occurred on a payment that was processed. All refunds must be approved and processed thru Old Hat Creative once the determination was that a Refund was necessary.

8. General Disclaimer and Limitation of Liability. While the Company uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content or functionality of the Site.

USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE COMPANY NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES (INCLUDING, WITHOUT LIMITATION, Old Hat Creative, 3rd Degree Advertising, or any partners of the two), NOR ANY OF THE PAST, PRESENT OR FUTURE EMPLOYEES, OFFICERS AND/OR AGENTS OF ANY OF THEM (COLLECTIVELY, THE “RELEASED PARTIES”), MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

THE COMPANY RESERVES THE RIGHT TO ALTER THE CONTENT OF THE SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE RELEASED PARTIES SET FORTH HEREIN SHALL IN ALL INSTANCES BE THE MAXIMUM PERMITTED BY LAW.

9. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) THE COMPANY’S USE OF ANY USER-PROVIDED CONTENT THAT YOU PROVIDE; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU. YOU FURTHER AGREE NOT TO BRING ANY CLAIM OR SUIT AGAINST THE RELEASED PARTIES DIRECTLY OR INDIRECTLY RELATED TO ANY “VIRTUAL GOODS” OR CONTENT APPEARING WITHIN ANY GAME OR PAGE APPEARING ON THE SITE.

10. International Users. The Site is controlled, operated and administered from within the United States. The Company makes no representation that information, materials or Content available through the Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export anything contained on or within the Site in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

11. Miscellaneous: The Company reserves the right to change this Agreement at any time in its sole discretion and to notify users of any such changes solely by posting reasonable notice of such changes on the Site. Your continued use of the Site after the posting of any amendments or changes shall constitute your agreement to be bound thereby. The Company may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Company may deny access to any person or user at any time for any reason. In addition, The Company may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, to any of its affiliated companies or divisions, or to any entity that acquires the Company, the Site and/or any of their assets.

This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Company and/or the Site must be filed in a federal or state court located in Norman, Oklahoma 180 days of the time in which the events giving rise to such claim were known or should have been known to you, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remainder of this Agreement shall continue in full force and effect. Any failure or refusal of the Company to enforce or exercise any right arising under or related to this Agreement shall not constitute a waiver of that right or the ability to enforce such right or provision at any time in the future. The Section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: (i) the provisions regarding limitations on your use of Content, (ii) the transfers of ownership of any User-Provided Content that you have granted to the Site, (iii) and all other provisions for which survival is equitable or appropriate. This Agreement also hereby incorporates in full by this reference the terms and conditions contained in the Privacy Policy of the Site.

12. Contact Us. To contact the Company:


Old Hat Creative
102 W Eufaula
Norman, OK 73069
info@oldhatcreative.com

 

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