Please read this Agreement carefully before accessing, using or interacting with our products. By accessing or using any part of our products, 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 products or use any of our services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms. The products are available only to individuals who are at least 13 years old.
1. Your Account and Site.
You are responsible for maintaining the security of your account in any of our products and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not behave in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Stonehollow Workshop may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Stonehollow Worhsop liability. You must immediately notify us of any unauthorized uses of your accounts or any other breaches of security. We 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 comment on the products, post material to the products, post links on the products, or otherwise make (or allow any third party to make) material available by means of the content (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. 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 pornographic (unless kept to NSFW room), 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 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 account 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 us or otherwise. By submitting Content to our products for inclusion on our products, you grant Stonehollow Workshop a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish your Content. If you delete Content, Stonehollow Workshop 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, Stonehollow Workshop has the right (though not the obligation) to, in Stonehollow Workshop sole discretion (i) refuse or remove any content that, in Stonehollow Workshop’s reasonable opinion, violates any Stonehollow Workshop policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the products to any individual or entity for any reason, in Stonehollow Workshop’s sole discretion. Stonehollow Workshop will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
Optional paid services such as premium accounts and currencies may be available on the Website or products (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Stonehollow Workshop the one time, monthly or annual subscription fees indicated for that service. Monthly and annual payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Stonehollow Workshop before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
4. Responsibility of Website Visitors.
Stonehollow Workshop has not reviewed, and cannot review, all of the material posted to the products, and cannot therefore be responsible for that material’s content, use or effects. By operating the products, Stonehollow Workshop 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 products may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The products 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. Stonehollow Workshop disclaims any responsibility for any harm resulting from the use by visitors of the products, 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 made available through the websites and webpages to which any of our products link, and that link to any of our products. Stonehollow Workshop does not have any control over those websites and webpages or any other medium, and is not responsible for their contents or their use. By linking to a non-Stonehollow Workshop website or webpage or product, Stonehollow Workshop 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. Stonehollow Workshop disclaims any responsibility for any harm resulting from your use of non-Stonehollow Workshop websites and webpages or products.
6. Copyright Infringement and DMCA Policy.
As Stonehollow Workshop 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 our products violates your copyright, you are encouraged to notify Stonehollow Workshop. Stonehollow Workshop will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Stonehollow Workshop will terminate a visitor’s access to and use of the products if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Stonehollow Workshop or others. In the case of such termination, Stonehollow Workshop will have no obligation to provide a refund of any amounts previously paid to Stonehollow Workshop.
7. Intellectual Property.
This Agreement does not transfer from Stonehollow Workshop to you any Stonehollow Workshop or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Stonehollow Workshop. Stonehollow Workshop, stonehollow-workshop.com, the Stonehollow Workshop logo, and all other trademarks, service marks, graphics and logos used in connection with our products, or the stonehollow-workshop.com are trademarks or registered trademarks of Stonehollow Workshop or Stonehollow Workshop’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 products grants you no right or license to reproduce or otherwise use any Stonehollow Workshop or third-party trademarks.
Stonehollow Workshop reserves the right to display advertisements on their products.
Stonehollow Workshop 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 products following the posting of any changes to this Agreement constitutes acceptance of those changes. Stonehollow Workshop may also, in the future, offer new services and/or features through the products. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Stonehollow Workshop may terminate your access to all or any part of the products at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your accounts linked to our products (if you have one), you may simply discontinue using the products. 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.
11. Disclaimer of Warranties.
The products are provided “as is”. Stonehollow Workshop hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Stonehollow Workshop 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 products at your own discretion and risk.
12. Limitation of Liability.
In no event will Stonehollow Workshop 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 for 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 Stonehollow Workshop under this agreement during the twelve (12) month period prior to the cause of action. Stonehollow Workshop 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.
13. General Representation and Warranty.
You agree to indemnify and hold harmless Stonehollow Workshop, 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 products, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Stonehollow Workshop and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Stonehollow Workshop, or by the posting by Stonehollow Workshop 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 City of Buenos Aires (Ciudad Autónoma de Buenos Aires), Argentina, 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 state and federal courts located in Ciudad Autónoma de Buenos Aires, Argentina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Ciudad de Buenos Aires, Argentina, in the Spanish language and the arbitral decision may be enforced in any court. 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; Stonehollow Workshop 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.
Last modified June 30, 2022.