I. Visitor Code of Conduct
Crashbox Creative, LLC, doing business in the State of Tennessee as Mousekejournals, owns and operates the Mousekejournals website (“Mousekejournals”) (collectively, the “Sites” or “we”).
By using or visiting the Sites, including but not limited to, participation in its postings, blog articles or user profile, you are expressly agreeing to be bound by these Terms and to follow these Terms and any applicable laws and regulations.
II. Modifications to These Terms & Conditions
III. Your Submission of Personal Information To the Sites
To participate in activities on our Sites, we may request that you submit certain personally identifiable information about yourself, including your name and personal contact information. We may also gather certain types of non-personal information about your visit to, among other things, make our program content more enjoyable for all our visitors.
IV. Membership and Participation on the Sites
You must be thirteen (13) years of age or older to participate in any activities or services offered on our Sites and/or be a member and receive membership benefits. We will not knowingly collect personal information from visitors under thirteen (13) years of age. Upon discovery of the participation of a person under thirteen (13) years of age, his/her registration or participation will be canceled immediately and all personal information will be deleted from our files.
You may be required to select a password and member name for membership registration. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of your password.
V. User Content: Your Ownership and Our License to Use
You represent and warrant that you are the owner or otherwise have the right to provide any information, reviews, photos or other materials (including pre-existing materials) and any comments or content submitted, posted or transmitted through the Sites (collectively, all information provided by you to the Sites is “User Content”). By submitting communications or content to any part of our Sites, you agree that such submission is non-confidential for all purposes and that any inclusion of personally identifiable information, such as name, photograph or other information in such posts may allow others to identify you.
In addition, in consideration of the Sites accepting User Content, you hereby grant to the Sites and their owners, affiliates, subsidiaries, licensees, operational providers, successors and assigns an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Sites in all forms of media now known or hereafter invented, including but not limited to such uses as on and in Mousekejournals or any other website, mobile application, or printed material owned or operated by Mousekejournals, in any Mousekejournals anthology or printed collection and in connection with the advertising, marketing and promotion of any or all of the foregoing, throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in Mousekejournals’ sole option and discretion, attribute such User Content to the visitor submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration. You also agree to indemnify and hold the Sites, their owners, affiliates and subsidiaries harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Sites. You waive any and all rights you may have regarding your control over the User Content and hereby release any claim you may have that the User Content was used, edited, altered or changed in any manner not acceptable to you.
VI. Interactive Areas
We provide interactive activities such as article and blog commenting, email notifications (collectively, “Interactive Areas”) for the enjoyment of our visitors.
Any submissions or postings by visitors to certain parts of the Sites, including, without limitation, Interactive Areas, may be public and posted in public areas on our Sites. The Sites, their owners, partners, affiliates, subsidiaries, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Sites’ Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas. Please consider the risks of revealing personal information (such as name, phone number or street address) about yourself or others in Interactive Areas.
Postings to public areas may or may not be reviewed by the Sites prior to appearing on the Sites, but the Sites reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Sites. The Sites will also cooperate with local, state and/or federal authorities to comply with applicable law.
Without limiting the foregoing, you agree not to use the Interactive Areas or the Sites to make available any content:
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- infringes any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person;
- contains unauthorized advertising or solicits other visitors; or
- is intended by the visitor to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on this website.
The Sites may allow a visitor to post photograph(s) on-line (“Photo”). The submission of a Photo is governed by the terms of this Agreement, including without limitation, your agreement regarding your use of Interactive Areas. In submitting a Photo through any submission form, you represent and warrant that: (1) you are the person in the Photo or are the owner of the Photo and consent to the Uses of the Photo by the Sites; (2) you are thirteen (13) years of age or over; (3) you have submitted the Photo using your legal name and accurate personal information (as part of your member profile) and consent to the Uses; (4) you are either the holder of the copyright in the Photo or are an authorized licensee of the copyright in the Photo and grant to the Sites, their licensees, successors and assigns, the right to publish and display the Photo in connection with the Uses; and (5) you have the legal right and power to agree to the use of Photo and grant the Sites the right to use the Photo. In addition, you expressly release the Sites and their licensees, successors and assigns from any privacy, defamation and any other claims you may have for the use of any Photo submitted to the Sites.
VII. Restrictions on Visitors’ Use of The Sites’ Content
You may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of any material, User Content or design elements obtained from the Sites, including code and software (“Material”). In addition, access to the Sites using automated means such as harvesting bots, robots, spiders or scapers to collect users’ content or information is prohibited. You are also prohibited from framing the Sites.
The information displayed on the Sites may be the property of the respective business or their licensors and are protected by U.S. and international copyright laws.
VIII. DMCA Copyright Infringement Claim and Counter-Claim Policy for Interactive Areas
If you believe in good faith that Materials we host infringe on your copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA “), requesting that we remove or block access to the infringing Material, which shall include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on our Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to:
PO Box 2321
Elizabethton, TN 37644
Phone: (423) 218-9199
E-mail: info [at] Mousekejournals.com
IX. Third Party Links
Our Sites contains links and pointers to other websites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Sites, their owners, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Sites sponsor, are affiliated with, are associated with or otherwise recommend, certify or endorse the third party link or site. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. The Sites reserve the right, in their sole discretion, to terminate links with any third parties for any reason. The Sites, their owners, affiliates and subsidiaries make no representations about the content, functionality or practices of such third party sites and resources and disclaim any and all warranties, express or implied, with respect thereto.
X. No Affiliation
The Sites and their content, including Walt Disney World information are provided solely for informational purposes and are not endorsements or guarantees by the Sites of the Walt Disney Company or the products or services available from the Walt Disney Company. The Sites accept no liability in connection with the inclusion or omission of any information from the Sites, and will not be responsible for changes in menus, prices, phone numbers, addresses, and other factual information included on the Sites, whether same relates to Walt Disney World or otherwise, regarding Walt Disney World.
XII. Giveaway Rules & Regulations
Drawings take place the day after published registration end date and is in compliance with Tennessee State Law. No purchase necessary to win. Entrants must be legal residents of one of the 50 United States or the District of Columbia. Void outside the 50 United States and where prohibited by law. Employees of Mousekejournals and the immediate family members (spouses, parents, children and siblings, and their respective spouses) or individuals living in the households of the above are not eligible to enter.
How to enter: There are two ways to enter: [a] Enter through the Mousekejournals website before the giveaway ends. Users wishing to enter must be signed up to receive the Mousekejournals email newsletter. [b] Hand-print your name, address, city, state, zip/postal code, email address, day and evening phone numbers, the words “Mousekejournals Giveaway” and the giveaway title on a second 8.5″ x 11″ sheet of white paper; and mail this sheet in a #10 envelope hand-addressed to: Mousekejournals, PO Box 2321, Elizabethton, TN 37644. Mailed contributions or entries must be received by the published giveaway end date. Limit one entry per person. Multiple entries submitted in violation of the previous sentence may be void and entrant may be disqualified. Mousekejournals assumes no responsibility for entries that are lost, late, misdirected, incorrect, garbled or incompletely received for any reason or for any computer, online, telephone, or human error or technical malfunctions that may occur. All entries become the property of Mousekejournals and will not be acknowledged or returned.
Winner Selection: A winner will be selected from eligible entries in a random drawing to be conducted the day after the giveaway published end date. The winner will be notified by email. If potential winner is unreachable after 2 (two) business days, or if a winner is unavailable for prize fulfillment, an alternate winner may be selected at random from all remaining eligible entries received. Odds of winning depend on the number of eligible entries received.
Prize Delivery: After the winner is contacted, a valid United States Postal Service (USPS) mailing address is required for Prize delivery. All Prizes will be sent through standard mail with the USPS. After a Prize leaves the possession of Mousekejournals and enters the possession of the USPS, the Prize is no longer the responsibility of Mousekejournals. Prizes that are not delivered or are damaged during shipping will not be replaced.
XIII. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THE SITES IS PROVIDED “AS IS.” THE SITES DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITES OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MOUSEKEJOURNALS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES FROM ANY AND ALL LIABILITY INCLUDING COSTS, EXPENSES AND ATTORNEYS’ FEES THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE.
XV. Choice of Law and Forum
The Sites are originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of the Sites will be subject to the exclusive jurisdiction of the courts located within Washington County, Tennessee, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.