2. Modifications of Site.
You understand and agree that MOTHWING may discontinue or change the Site at any time, without notice. Also, you understand and agree that MOTHWING may discontinue or restrict your use of the Site for any reason without notice.
3. Copyright Protection.
All content displayed on the Site, including but not limited to text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software ("Content") is the property of MOTHWING or its content suppliers, and is protected by United States and international copyright and other intellectual property laws. The compilation of all Content on the Site is the property of MOTHWING or its suppliers and is protected by United States and international copyright and other intellectual property laws.
4. Content Use Limitations.
MOTHWING's Content includes information, tips, facts, views, and opinions MOTHWING deems worthy of publication. MOTHWING DOES NOT GIVE TECHNICAL, BUSINESS, OR ANY OTHER PROFESSIONAL ADVICE THROUGH OR IN CONNECTION WITH THE SITE. As a condition of using the Site, you may not use the Site for any purpose that is unlawful or prohibited by this TOU. You may not use the Site in any manner that could damage, disable, overburden, or impair any MOTHWING server, or the network(s) connected to any MOTHWING server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site or any portion of the Site, other accounts, computer systems or networks connected to any MOTHWING server or to any portion of the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree not to copy, reproduce, duplicate, modify, display, sell, resell, perform, publish, create derivative works from, store, or otherwise exploit the Site or any portion of the Site for any commercial purpose without the express prior written consent of MOTHWING. You agree not to frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including but not limited to images, text, page layout or form) of MOTHWING or our affiliates without express prior written consent. You also agree not to distribute, transmit, broadcast or circulate any Content to others, except you may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of such Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with that portion of the Content, in the same form in which the notices appear on the Site, and the phrase "Used with permission from MOTHWING Camo Technologies, Inc." You are hereby granted a non-exclusive, limited, revocable right to create a hyperlink to the home page of Mothwingcamo.com, so long as the link does not portray MOTHWING, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MOTHWING logos or other proprietary trademarks as part of the link without MOTHWING's prior express written permission.
The Site contains trademarks and trade names, which are the property of MOTHWING, including but not limited to: "MOTHWING," "MOTH WING," "TREE-D," "TREE-D STEALTH," "TREE-DIMENSIONAL," "TREE-DIMENSIONAL STEALTHWING," "TREE-DIMENSIONAL STEALTHMOTH," "MIMICRY," "FALL MIMICRY," "LATE FALL MIMICRY," "WINTER MIMICRY," "SPRING MIMICRY," "MARSH MIMICRY," "WESTERN MIMICRY," "VANISH," and the MOTHWING logo. Other Mothwingcamo.com graphics, logos, page headers, button icons, scripts and service names are trade dress and/or trademarks of MOTHWING Camo Technologies, Inc. MOTHWING's trademarks and trade dress may not be used in connection with any product or service that is not licensed or approved by MOTHWING, nor in any manner that is likely to cause consumer confusion, nor in any manner that disparages or discredits MOTHWING. Third party trademarks and trade names used on the Site are the property of their respective owners, who may or may not be affiliated with MOTHWING.
6. Links to Other Sites.
The Site contains hyperlinks to web sites operated by third parties. These hyperlinks are provided solely for the benefit of the users of the Site. A hyperlink to a third party web site does not imply that MOTHWING endorses the content on or the business of the hyperlinked web site. You are entirely responsible for determining the integrity and reliability of the information on the hyperlinked web site.
7. Disclaimer of Warranties.
Although MOTHWING strives to provide high quality Content, MOTHWING does not guarantee or warrant the accuracy, completeness or timeliness of the Site Content. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT OF THE SITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOTHWING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOTHWING MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MOTHWING MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR THE SITE, OR AS TO THE ACCURACTY OR RELIABILITY OF ANY CONTENT CONTAINED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY DOCUMENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE ENTIRELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MOTHWING MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
BY USING THE SITE, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MOTHWING BE RESPONSIBLE FOR ANY INFORMATION CONTAINED IN, DISPLAYED ON OR OMITTED FROM THE SITE; ANY PERSON'S RELIANCE ON ANY SUCH INFORMATION, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE; THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF THE USE OF THE SITE.
YOU SPECIFICALLY AGREE THAT MOTHWING IS NOT LIABLE FOR ANY CONDUCT BY YOU ASSOCIATED WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES, DIRECTORIES, COMMUNITIES, RESUMES, USER PROFILES, SURVEYS, CHAT ROOMS, MESSAGE BOARDS OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE FUTURE.
IN NO EVENT SHALL MOTHWING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSCATIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF MOTHWING HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN THE EVENT THAT MOTHWING IS FOUND LIABLE, ITS LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold MOTHWING harmless against any and all claims and expenses, including attorneys' fees, arising from your use of the Site or breach of the TOU.
10. User Input & Your Account; Revocation of Access.
11. Applicable Law, Severability.
You acknowledge that the Content contained in this Site is controlled in and originates from the United States. MOTHWING makes no representation that any of the Content is appropriate or available for use in other locations. MOTHWING has no responsibility for any access to this web site from territories where the Content may be illegal or otherwise prohibited. If you choose to access this Site from other locations, you do so at your own risk and you are entirely responsible for compliance with applicable local laws. Any claim relating to the use of Site and any Content shall be governed by the internal substantive laws of the State of Tennessee, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts of Tennessee for any such claim. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition