Welcome to RoyalDynamite .com. Royaldynamite.com supports freedom of speech, both on and off the Internet. However, the goal of this Web site is to provide access to the widest selection of merchandise to the largest group of people possible. To ensure a safe, non-offensive environment for all of our users, we have established our Terms of Use and Service. It spells out what you can expect from us and what we expect from you. By accessing any areas of Royaldynamite.com, users (Users) agree to be legally bound and to abide by the terms set forth below. Royaldynamite.com is solely owned and operated by Royal Dynamite, Inc. Any references herein toRoyaldynamite.com shall be deemed to refer to Royal dynamite, Inc
I. TRADEMARKS
Royaldynamite.com is a service mark of Royal Dynamite, Inc. All rights reserved. These and other Royaldynamite.com graphics, logs and service marks and trademarks of Royal Dynamite Inc. and its affiliates may not be used without prior written consent of Royal Dynamite, Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on RoyalDynamite.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of RoyalDynamite.com is at User's sole risk. Neither RoyalDynamite.com nor its affili-ates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licen-sors (collectively, Providers), or the like, warrant that Royal Dynamite.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of RoyalDynamite.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Royal Dynamite.com. THIS SITE IS PROVIDED BY ROYALDYNAMITE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROYALDYNAMITE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PROD-UCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ROY-ALDYNAMITE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIM-ITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROYALDYNAMITE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ROYALDY-NAMITE.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstance shall Royaldynamite.com or any other party involved in creating, producing, or distributing Royaldynamite.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Royaldynamite.com including but not limited to reliance by User on any information obtained from Royaldynamite.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, de-fects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Royaldynamite.com’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through Royaldynamite.com Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that Royaldynamite.com contains information, data, software, photographs, graphs, videos, type-faces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technolo-gies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Royaldynamite.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on Royaldynamite.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as "Copy-right, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Royaldynamite.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compli-ance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Royaldyna-mite.com at the following email address: support@royaldynamite.com By submitting Content to any Usersubmit areas, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted Royaldynamite.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on Royaldynamite.com retains any and all rights which may exist in such Content.
C. THIRD-PARTY CONTENT
Royaldynamite.com is a distributor and not a publisher of Content supplied by third parties and Users. Royaldyna-mite.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Royaldynamite.com, are those of the respective authors or distributors and not of Royaldynamite.com or its affiliates or any of their officers, directors, employees or agents. Neither Royaldynamite.com nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of Royaldynamite.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Royaldynamite.com represents the opinions and judgments of the respective Provider, or User not under contract with Royaldynamite.com, neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Royaldynamite.com by anyone other than authorized Royaldynamite.com employees. Under no circumstances shall Royaldynamite.com, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through Royaldynamite.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Royaldynamite.com
D. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nation-als. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Royaldynamite.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use Royaldynamite.com only for lawful purposes. User is prohibited from posting on or transmitting through Royaldynamite.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. If Royaldynamite.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), Royaldynamite.com may investigate the allegation and deter-mine in its sole discretion whether to remove or request the removal of such Content from Royaldynamite.com. Roy-aldynamite.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate Royaldynamite.com; or (iii) to protect the rights or property of Royaldynamite.com, its Users or Providers. Royaldynamite.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discre-tion to be harmful to individual Users, Royaldynamite.com, the communities that make up Royaldynamite.com, or any rights of Royaldynamite.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Royaldynamite.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Royaldynamite.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Royaldynamite.com.
V. PRIVACY POLICY
In accordance with the terms of Royaldynamite.com’s Privacy Policy, Royaldynamite.com respects the privacy of its Users. Please see separate privacy policy
VI. TERMINATION OF USAGE
Royaldynamite.com may terminate User's access, or suspend User's access to all or part of Royaldynamite.com, without notice, for any conduct that Royaldynamite.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or Royaldynamite.com.
VII. USAGE BY CHILDREN UNDER 13
Royaldynamite.com cannot prohibit minors from visiting this site. Royaldynamite.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Royaldynamite.com requires that all purchases be made either: (i) by individuals 13 years of age or older, or (ii) by minors under 13, through a Royaldynamite.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT ROYALDYNAMITE.COM, YOU ARE REPRESENTING TO ROY-ALDYNAMITE.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A ROYALDYNAMITE.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII. APPLICABLE LAW
This site is created and controlled by Royaldynamite.com in the State of California. As such, the laws of the State of California will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Royaldynamite.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through Royaldynamite.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of California and agrees not to plead or claim in any court of the State of California that such litigation brought therein has been brought in an inconvenient forum.
IX. SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any juris-diction.
X. ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represent the entire understanding between you and Royaldynamite.com regarding your relationship with Royaldynamite.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the Royaldynamite.com Web site. The aforementioned Terms of Use and Service are subject to change.