Terms of Service: April 28, 2009

The following terms and conditions govern all use of the Cavewriters.com website and all content, services and products available at or through the website, including, but not limited to Cavewriters.com. The Website is owned and operated by TOUGH ELF MEDIA CORP. (“Tough Elf Media”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Tough Elf Media’s Privacy Policy) and procedures that may be published from time to time on this Site by Tough Elf Media (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tough Elf Media, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your Cavewriters.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and postings, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the material uploaded. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Tough Elf Media may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Tough Elf Media liability. You must immediately notify Tough Elf Media of any unauthorized uses of your account, your account or any other breaches of security. Tough Elf Media will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors. If you operate an account, comment on content, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

   • the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

   • your account or content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

   • your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and

   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tough Elf Media or otherwise.

By submitting Content to Tough Elf Media for inclusion on Cavewriters.com, you grant Tough Elf Media a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, Tough Elf Media will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Tough Elf Media has the right (though not the obligation) to, in Tough Elf Media's sole discretion (i) refuse or remove any content that, in Tough Elf Media's reasonable opinion, violates any Tough Elf Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tough Elf Media's sole discretion. Tough Elf Media will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. There are no fees to use the service, and or register an account.

4. Responsibility of Website Visitors. Tough Elf Media has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tough Elf Media does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tough Elf Media disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cavewriters.com links, and that link to Cavewriters.com. Tough Elf Media does not have any control over those non-cavewriters websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cavewriters website or webpage, Tough Elf Media does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tough Elf Media disclaims any responsibility for any harm resulting from your use of non-Cavewriters websites and webpages.

6. Copyright Infringement and DMCA Policy. As Tough Elf Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cavewriters.com violates your copyright, you are encouraged to notify Tough Elf Media at copyrights@toughelf.com. Tough Elf Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Tough Elf Media or others, Tough Elf Media may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Tough Elf Media will have no obligation to provide a refund of any amounts previously paid to Tough Elf Media.

7. Intellectual Property. This Agreement does not transfer from Tough Elf Media to you any Tough Elf Media or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tough Elf Media. Tough Elf Media, Cavewriters, Cavewriters.com, the Cavewriters.com logo, and all other trademarks, service marks, graphics and logos used in connection with Cavewriters.com, or the Website are trademarks or registered trademarks of Tough Elf Media or Tough Elf Media's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tough Elf Media or third-party trademarks.

8. Changes. Tough Elf Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tough Elf Media may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 

9. Termination. Tough Elf Media may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cavewriters.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an account, such account can only be terminated by Tough Elf Media if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Tough Elf Media's notice to you thereof; provided that, Tough Elf Media can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

10. Disclaimer of Warranties. The Website is provided “as is”. Tough Elf Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tough Elf Media nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

11. Limitation of Liability. In no event will Tough Elf Media, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tough Elf Media under this agreement during the twelve (12) month period prior to the cause of action. Tough Elf Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Tough Elf Media Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification. You agree to indemnify and hold harmless Tough Elf Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

14. Miscellaneous. This Agreement constitutes the entire agreement between Tough Elf Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tough Elf Media, or by the posting by Tough Elf Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Ottawa, Ontario, Canada. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tough Elf Media may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.