LIMITATION OF LIABILITY
WENDIGO PROVIDES IT’S WEBSITES TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY, CORRECTNESS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WENDIGO DOES NOT WARRANT THAT OUR WEBSITES WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THESE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR VISITATION OF THESE WEBSITES OR THE USE OF MATERIAL CONTAINED ON THESE WEBSITES RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN WENDIGO SHALL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, WENDIGO SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THESE WEBSITES. YOUR USE OF THE WEBSITES IS AN IMPLICIT AGREEMENT TO ALL THE TERMS LISTED HEREIN AND A MATERIAL PORTION OF OUR AGREEMENT TO PROVIDE THESE WEBSITES TO YOU. IN THE EVENT THAT YOU MADE A PURCHASE FROM THESE WEBSITES WENDIGO 'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NEVER EXCEED THE AMOUNT YOU PAID TO WENDIGO. DESPITE WHATEVER CONTRACTS OR AGREEMENTS ARE WRITTEN TO THE CONTRARY BETWEEN YOU AND WENDIGO THIS CLAUSE SHALL REMAIN CONTROLLING, OVERRIDING, AND IN EFFECT.
TERMS OF SERVICE
The messages found on these message services express the views of the author of the message, and not necessarily the views of Wendigo Publishing & Consulting, LLC, its assigns, affiliates, owners, or employees (all collectively referred to hereafter as “Wendigo”). Any user who feels that a posted message is objectionable is encouraged to contact Wendigo immediately through the proper available channel e.g. the Report button in the Forums. Complaints sent by other means outside their explicit medium, including emails, instant message, or personal messages are not guaranteed to be acted upon. Notwithstanding the aforementioned, Wendigo is in no way obligated to either act on any complaint nor respond to any statement made in these mediums, though Wendigo reserves the right to do so at any time. Wendigo may withdraw any individual’s right to any of these services at any time, with or without reason. Wendigo reserves the right to unilaterally change any portion of any of our websites at any time so it is important that you view this Use of Services agreement every time you visit the site.
By posting, uploading, inputting, providing or submitting ("Posting") in or on any of our services you are granting Wendigo permission to use your Posting in connection with the operation of our business (including, without limitation, all Wendigo publications), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Posting; to publish your name (or not) in connection with your Posting. No compensation will be paid with respect to the use of your Posting, as provided herein. Wendigo is under no obligation to post or use any Posting you may provide.
By Posting you warrant and represent that you own or otherwise control all of the rights to your Posting including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Posting. In addition to the warranty and representation set forth above, by Posting anything that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Services, (b) you have the rights necessary to grant the licenses and sublicenses described herein, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth herein, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
By Posting Images, you are granting Wendigo permission to use your Images in connection with the use of any of the Services, including, though not limited to, making prints and gift items which include such Images, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services.