Stickstickbangbang

THE CEREAL BOX CREATIVE, INC. TERMS OF SERVICE

THESE TERMS OF SERVICE APPLY TO ALL USERS OF THIS WEBSITE OR THE SERVICE (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE), INCLUDING USERS WHO UPLOAD ARTISTIC WORKS OR OTHER MATERIALS TO THE WEBSITE, USERS WHO ORDER SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE OR THE SERVICE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR THE SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY STICKSTICKBANGBANG.COM FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE WEBSITE OR THE SERVICE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE OR THE SERVICE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. THE MOST CURRENT VERSION OF THESE TERMS OF SERVICE CAN BE REVIEWED AT ANY TIME AT: http://www.stickstickbangbang.com/content/terms.

1. The Service. The Cereal Box Creative, Inc. and its subsidiaries (collectively, "stickstickbangbang.com") maintain this website to allow artists to upload digital copies of their creations (hereinafter, "Works") so that such Works may be made available for viewing and for merchandizing (hereinafter, and as further described below, the "Service"). In particular, subject to payment of the applicable fees, the Service offers artists an ability to have copies of their Works printed onto paper, canvas or other suitable backings for artistic prints and also onto skins for physical items such as digital music players, cigarette lighters, laptops, video game consoles and various other objects and devices. The Service offers both public and private forums. The public forums will allow artists to make their Works available for general public viewing and will also allow people visiting the website to order prints and/or skins of those Works. For prints or skins of Works purchased by visitors to the website, the applicable artist's account with stickstickbangbang.com will be credited with the difference between the sale price and the base price for the prints or skins as established by stickstickbangbang.com. Artists will be entitled to set the sale price for prints and skins for their Works, provided that such sale price shall not be less than the base price established by stickstickbangbang.com for such Works. The private forums on the web site will only be available to the artist (and if specified by the artist, a limited set of permitted users) and stickstickbangbang.com and will allow the artist (and if specified by the artist, a limited set of permitted users) to order prints and/or skins of the artist's Works, which the artist may subsequently use, display, give away, or resell. The charges for the various print and skin printing options of the Service are set forth in the price list section of the website. The display features of the Service are offered at no charge. For publicly displayed art works, the corresponding member's name will always be displayed in conjunction with his or her art work. An artist may at any time change the manner in which his or her art works are stored and displayed on the website. For example, an artist may cause one or more of his or her publicly displayed works to be moved to a private location on the website or removed from the website entirely. When an artist requests that one or more of his or her art works be moved to a private location on the website or removed from the website entirely, stickstickbangbang.com shall retain the right to continue to display such work or works until such time as any existing physical copies of such work or works as may be held in inventory by stickstickbangbang.com at the time of the request are sold. An artist may also at any time specify that one or more of his or her art works that is being stored in a non-public location may now be publicly displayed. For art that is being displayed to a restricted group, the applicable artist may at any time change the membership in this restricted group by adding or removing permitted viewers. When an art work is publicly displayed, other members of the website will be permitted to post comments on the art work. All such comments will have the applicable person's name attributed to his or her comment. Stickstickbangbang.com may alter, suspend, or discontinue this website or the Service at any time and for any reason or no reason, without notice. The website and Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Stickstickbangbang.com, artists, viewers and participants on this website may periodically add or update the information and materials on this website without notice. You shall not resell the Service, the use of the Service, or access to the Service or any portions of the website or the content of the website.

   You acknowledge and agree that the Service may be provided with advertisements and that the presentation of these advertisements to You is necessary to enable stickstickbangbang.com to provide the Service. You also acknowledge and agree that stickstickbangbang.com may send certain communications to You, including Service-related announcements, administrative messages, and other communications, and that these messages are part of the Service and You may not elect to not receive them. If You elect to have any business dealings with anyone whose products or services may be advertised on the website or through the Service, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that stickstickbangbang.com shall not have any responsibility or liability for any loses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the website and the Service and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the website and/or the Service. It is Your responsibility to ascertain whether any information or materials downloaded from this website or through the Service are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

2. Registration. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or any other applicable jurisdiction. Please be aware that certain areas of the website or certain portions of the Service may contain adult or mature content. If You are under thirteen (13) years of age, please do not use this website or the Service. You may be required to register in order to access certain portions of the website or to receive certain aspects of the Service. If You register, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by any registration functions on the website or Service (such information being the "Registration Information"), and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or if stickstickbangbang.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, stickstickbangbang.com shall have the right to suspend or terminate Your right to receive the Service and any or all privileges on the website (or any portion thereof) and refuse any and all current or future use of the Service and/or the website (or any portion thereof). As part of Your registration You may be given a Service and/or website account or accounts. You shall not allow anyone else to use Your account(s), nor shall You use anyone else's account. You shall keep Your account password secure and You shall not provide it to anyone else. You shall immediately notify stickstickbangbang.com if someone else is using Your account or if You suspect there has been some unauthorized use of Your account or some breach of the security of Your account. You shall be solely responsible for all activity that occurs using Your account(s). Stickstickbangbang.com will not be liable to You or to any third party for any use (whether authorized or unauthorized) of Your account. You acknowledge and agree that stickstickbangbang.com may access and/or disclose Your account and related information if required to do so by law or if stickstickbangbang.com has a reasonable belief that such actions are reasonably required to (i) respond to claims that any material (including Works) made available by You though the website or the Service infringe, misappropriate or violate any third-party rights, (ii) comply with legal obligations imposed on stickstickbangbang.com or any subpoenas, investigative demands, or court orders directed to stickstickbangbang.com, (iii) enforce or fulfill these terms of service, or (iv) protect the rights, property or safety of stickstickbangbang.com and its users and the general public.

3. Conduct. You shall not (a) copy or distribute any part of this website or the Service (including all of the contents of the website), (b) alter or modify any part of the website or the Service, (c) upload, post, email, transmit or otherwise make available on the website or through the Service any material (including any Works) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable, (d) upload, post, email, transmit or otherwise make available any falsehoods or misrepresentations that could damage or harm anyone or any material that could damage or harm minors in any way; (e) impersonate any person or entity or misrepresent their affiliation with a person or entity; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material (including any Work) transmitted to or through the website or the Service or impersonate another person or organization; (g) upload, post, email, transmit or otherwise make available any material (including any Works) that You do not have a right to make available under any law or under a contractual relationship; (h) upload, post, email, transmit or otherwise make available any material (including any Works) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy and publicity rights); (i) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (j) 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 or data or the website or Service or that of any users or viewers of the website or the Service; (k) interfere with or disrupt the website or Service or servers or networks connected to the website or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the website or the Service; (l) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or (m) collect or store personal data about other users or viewers.

   You also agree not to access the website or the Service in a manner that utilizes the resources of the website or the Service more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials (including Works) on this website.

4. Materials on the Website (including Works). You shall be solely responsible for all material (including all Works) that You upload to the website or the Service and for all of the consequences of uploading, posting, publishing or otherwise making such material (including all Works) available. You represent and warrant that You have all of the necessary rights (including all of the necessary intellectual property rights) in any materials (including Works) that You may upload, post, email, transmit or otherwise make available through the website or the Service. You represent and warrant that You have all of the necessary rights to grant stickstickbangbang.com the rights granted in these terms of service. You also represent and warrant that You have all of the necessary permissions or releases from any identifiable individual persons who may appear in any material or Works that You upload or otherwise make available through the website or the Service to use the name or likeness of each and every such identifiable individual in the manner contemplated by the website and the Service. You acknowledge that stickstickbangbang.com may not pre-screen material on the website or made available through the Service (including Works). Notwithstanding the foregoing, stickstickbangbang.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move or remove any materials (including Works) that are available via the website or the Service. Without limiting the generality of the foregoing, stickstickbangbang.com and its designees shall have the right to remove any material (including Works) that violates these terms of service or is otherwise objectionable as determined by stickstickbangbang.com in its sole discretion. All users and viewers acknowledge that they must evaluate, and bear all risks associated with, the use of any material (including Works) available on the website or through the Service.

   You agree and acknowledge that stickstickbangbang.com may establish limits on the disk space or other resources that may be allocated to You, including, without limitation, disk space that may be made available to You for Works that You may make available on the website or through the Service. Additionally, stickstickbangbang.com may limit the length of time for which disk space or other resources may be made available to You. You agree that stickstickbangbang.com shall have no responsibility or liability to You for the failure to store any material (including Works) uploaded, posted, emailed, transmitted or otherwise made available on the website or through the Service.

5. Intellectual Property Rights. You shall retain all of Your ownership rights (including all intellectual property rights) in any Works that You upload to the website or make available pursuant to the Service. By submitting any materials or Works to the website or the Service, You hereby grant stickstickbangbang.com a worldwide, non-exclusive, paid-up, royalty-free (except as set forth below) license (in all media formats and channels, including media formats and channels that may subsequently evolve or develop) to use, copy, distribute, prepare derivative works of, display and perform such materials or Works in connection with the website and the Service including, without limitation, for promoting and distributing the website and/or Service. You also hereby grant to each user of the website and/or Service, the right to use, copy, reproduce, distribute, prepare derivative works of, display and perform materials or Works that You have submitted or made available to the website or the Service for the purpose of viewing such materials or Works. The promotional rights granted to stickstickbangbang.com shall include the right to print, sell and or otherwise distribute up to one hundred (100) physical prints or skins of a single Work per year in connection with the operation or marketing of the website, the Service or the business of stickstickbangbang.com (hereinafter, "Promotional Copies"). If You make a Work available through the Service for the printing of physical prints or skins, then for each print or skin containing the Work that is printed or manufactured and sold by stickstickbangbang.com (excluding Promotional Copies), stickstickbangbang.com will pay You a royalty based on the sale price established by You for the Work. If You order any prints or skins of Your Works, You will pay stickstickbangbang.com the sale price for such prints or skins and the difference between the sale price and the base price will be credited to Your account with SickStickBangBang.com. You hereby waive any moral rights You may have in any Works or other materials uploaded, posted, emailed, transmitted or otherwise made available on the website or through the Service in favor of stickstickbangbang.com to the extent necessary to allow such materials or Works to be displayed on the website or through the Service or printed on physical prints or skins or objects or devices; in particular, You waive any right to restrain or claim damages for any distortion, mutilation or other modification of materials or Works or any part thereof, the right to be associated with the materials or Works, or the right to restrain use of any reproduction of the materials or Works for any activities reasonably required to display the Works on the website or for making the Works available through the Service (including for printing skins of the Works) as contemplated in these terms of service and as further described on the website. In particular, You acknowledge and agree that Works may be subjected to technical processing and changes to conform such Works for display on the website, transmission through the Service, or for printing or the manufacturing of skins. The foregoing licenses and waivers shall terminate on a going forward basis once You remove or delete any material or Works from the website or the Service. Notwithstanding the foregoing, the licenses granted in these terms of service shall continue to apply to any prints or skins that have been printed, manufactured or distributed prior to the effective date of termination of such licenses.

   If You are a copyright owner and believe that any materials or Works that have been submitted to the website or made available through the Service infringe upon Your copyright or misappropriate or violate any other intellectual property rights You may have, You may submit a notice to stickstickbangbang.com requesting that those materials or Works be removed from the website or Service. Any such notice to stickstickbangbang.com shall contain (a) a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed, misappropriated or violated, (b) a description of the copyrighted work or other intellectual property right that has been infringed, misappropriated or violated and a description of the portion of the website or Service that is sufficient to allow such potential infringement to be identified and assessed, (c) information, such as a physical address, email address and telephone number that is sufficient to allow stickstickbangbang.com to contact You, (d) a statement that You have a good faith belief that the use of the material identified by You is not authorized by the copyright or other right holder and is not otherwise permitted by law, (e) a statement made by You, under penalty of perjury, that the information provided by You in the notice is accurate and that You are the copyright or other right owner or have been authorized to act by the copyright or other right owner.

   Stickstickbangbang.com believes that respect for intellectual property rights is critical for the community that it is seeking to serve. If You are determined by stickstickbangbang.com to be a repeat infringer of intellectual property or other rights, stickstickbangbang.com will terminate Your access to the website and the Service. For the purposes of these terms of service, a repeat infringer is someone who has been notified more than once about uploading, posting, emailing, transmitting or otherwise making available any infringing or misappropriated material (including any Works) or any material that violates any personality, publicity or privacy rights or someone who has had material (including any Works) removed from the website or the Service more than once.

   If You provide stickstickbangbang.com with any suggestions, comments or other feedback ("Feedback") relating to the website or the Service, stickstickbangbang.com may use such Feedback in the website or the Service or in any other stickstickbangbang.com products or services (collectively, "stickstickbangbang.com Offerings"). Accordingly, You agree that: (a) stickstickbangbang.com is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to stickstickbangbang.com, (c) stickstickbangbang.com (including all of its successors and assigns and any successors and assigns of any of the stickstickbangbang.com Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any stickstickbangbang.com Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from stickstickbangbang.com or any of the users of the website or the Service.

6. Use of the Website and the Service. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials including Works, whether publicly posted or privately transmitted to the website or thorough the Service by viewers or users, is the sole responsibility of such viewers or users. This means that the viewer or user, and not stickstickbangbang.com, are entirely responsible for all material (including Works) uploaded, posted, emailed, transmitted or otherwise made available by using the website or the Service. Stickstickbangbang.com does not control the content posted to the website and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the website or the Service, they may be exposed to materials (including Works) that are offensive, indecent or objectionable. Under no circumstances will stickstickbangbang.com be liable in any way for any materials (including any Works, prints or skins), including, but not limited to, for any errors or omissions in any materials (including any Works, prints or skins) or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials (including Works) posted, emailed, transmitted or otherwise made available on the website or through the Service.

   The information and materials on this website may contain technical inaccuracies or typographical errors. Certain materials (including Works) on this website or made available through the Service may have been submitted by viewers or other participants in the various forums on this website or made available through the Service. In no event shall stickstickbangbang.com have any responsibility whatsoever for any information or materials submitted by any viewers or participants in any forums or contests on this website or made available through the Service and such viewers and participants shall be solely responsible for their participation in such forums.

7. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS (INCLUDING WORKS) PROVIDED ON THIS WEBSITE OR THROUGH THE SERVICE AND ANY PRINTS OR SKINS THAT MAY BE PURCHASED ON THIS WEBSITE OR THROUGH THE SERVICE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, STICKSTICKBANGBANG.COM DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (i) THE INFORMATION OR MATERIALS (INCLUDING WORKS OR SKINS) ON THIS WEBSITE OR PROVIDED THROUGH THE SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE OR PROVIDED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, (iv) THIS WEBSITE (INCLUDING WORKS) AND THE SERVICE OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (v) THAT ANY PRINTS OR SKINS ARE MERCHANTABLE OR FIT FOR ANY PURPOSES OR YOUR PURPOSES. STICKSTICKBANGBANG.COM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL (INCLUDING, WITHOUT LIMITATION, WORKS, PRINTS AND SKINS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL (INCLUDING, WITHOUT LIMITATION, WORKS, PRINTS OR SKINS). STICKSTICKBANGBANG.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR THE SERVICE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR IN THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR IN THE SERVICE, AND STICKSTICKBANGBANG.COM SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL STICKSTICKBANGBANG.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS (INCLUDING WORKS, PRINTS OR SKINS) CONTAINED ON THIS WEBSITE OR PROVIDED THROUGH THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE WORKS OR ANY PRINTS OR SKINS OR OTHER MATERIALS ON THE WEBSITE OR OBTAINED THROUGH THE SERVICE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY WORKS OR OTHER MATERIAL ON THE WEBSITE OR MADE AVAILABLE THROUGH THE SERVICE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF STICKSTICKBANGBANG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9. INDEMNIFICATION YOU SHALL INDEMNIFY AND HOLD STICKSTICKBANGBANG.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS (INCLUDING WORKS) SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE OR THE SERVICE, YOUR USE OF THE WEBSITE OR SERVICE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

10. Links to Third-Party Websites. This website and the Service may contain links to other websites that are not owned or controlled by stickstickbangbang.com. Stickstickbangbang.com is not responsible for the content of any linked websites. Any third-party websites or services accessed from the website or Service are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website or in the Service of a link to any non-stickstickbangbang.com websites does not imply that stickstickbangbang.com endorses or accepts any responsibility for the content or use of such websites, and You hereby release stickstickbangbang.com from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

11. Jurisdictional Issues. Stickstickbangbang.com does not make any representations and does not give any warranties or conditions that information and materials on this website or in the Service are appropriate or available for use outside Canada. Those who choose to access this website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials (including Works). Specifically, each viewer and user shall comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which such user or viewer resides and the import of technical data into the country in which such user or viewer resides. These terms of service are governed and interpreted pursuant to the laws of the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to these terms of service. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario, Canada. Any dispute that You bring arising out of or relating to these terms of service, the website, the Service or any materials on the Website or in the Service (including Works) or provide through the Service (including any prints or skins) shall be resolved by arbitration conducted in the English language in Toronto, Ontario, Canada. For any such arbitration, the parties shall appoint as sole arbitrator a retired judge who presided in the Province of Ontario. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, application may be made to any court for a judicial acceptance of the award or order of enforcement. Stickstickbangbang.com shall be entitled to bring any action, proceeding or claim against You, or seek injunctive relief, security, or other equitable remedies, in any court of competent jurisdiction.

12. Termination. Stickstickbangbang.com may, under certain circumstances and without prior notice, immediately terminate Your ability to access the website or receive the Service or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of service or any other agreement that You may have with stickstickbangbang.com (including, without limitation, non-payment of any fees owed in connection with the website or the Service or otherwise owed by You to stickstickbangbang.com), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website or the Service (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the website or the Service may also include removal of some or all of the materials (including Works) uploaded by You to the website or Service. You acknowledge and agree that all terminations may be made by stickstickbangbang.com in its sole discretion and that stickstickbangbang.com shall not be liable to You or any third-party for any termination of Your access to this website or the Service or for the removal of any of the materials (including Works) uploaded by You to the website or Service. Any termination of these terms of service by stickstickbangbang.com shall be in addition to any and all other rights and remedies that stickstickbangbang.com may have.

13. Enforcement of Terms and Conditions. If any part of these terms of service is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of stickstickbangbang.com to exercise or enforce any right or provision under these terms of service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by stickstickbangbang.com must be in writing and shall only apply to the specific instance identified in such writing. No waiver by stickstickbangbang.com of any provision of these terms of service shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or the Service or Your use of this website or the Service (including any action in relation to any Works or any prints or skins of Works) must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

14. Copyright and Trademark Information. Excluding materials (including Works) uploaded by users, this website, and the information and materials that it contains, are the property of stickstickbangbang.com and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. Stickstickbangbang.com is a trademark or a registered trademark of The Cereal Box Creative, Inc. in Canada and certain countries. All stickstickbangbang.com product names and logos are trademarks or registered trademarks of stickstickbangbang.com. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this website or in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or the Service or any materials displayed on this website or in the Service, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of stickstickbangbang.com. You shall not attempt to override or circumvent any of the usage rules or restrictions on the website or in the Service.

    This website is Copyright © 2007 stickstickbangbang.com. All rights reserved.

15. Assignment. You may not assign the terms of service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without stickstickbangbang.com's prior written consent. Stickstickbangbang.com may assign the terms of service, or any rights or licenses granted hereunder, at any time without notice.

16. Survival. In addition to Sections 7, 8, and 9, all representations, warranties and conditions made by You in these terms of service shall survive the termination of these terms of service. Unless otherwise explicitly identified as terminating elsewhere in these terms of service, all licenses granted by You in these terms of service shall survive their termination. All payment obligations incurred by You prior to the termination of these terms of service shall survive their termination.

17. Entire Agreement. These terms of service, together with any privacy policy that may be published on the website, constitutes the entire agreement between the parties relating to the website and the Service and all related activities. These terms of service shall not be modified except in writing signed by both parties or by a new posting of these terms of service issued by stickstickbangbang.com.