Terms of Service

Here at madmenandheroes.com, we run an online community and store and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on our site as possible and encourage you to express yourself freely. However, be responsible for your use. In particular, make sure that none of the prohibited items listed below appear in your content (things like spam, viruses, or hate content).

(Note, we’ve decided to make the below Terms of Service available under a Creative Commons ShareAlike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you. This is based heavily on Automattic’s original Terms of Service.)

The following terms and conditions govern all use of the madmenandheroes.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Madmen and Heroes (“MAH”). 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, Madmen and Heroes Privacy policy and procedures that may be published from time to time on this Site by MAH (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, 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 MAH, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your MAH Account.If you create an account on the Website, you are responsible for maintaining the security of your account, 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 describe or assign keywords to your account, users or anything else in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MAH may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MAH liability. You must immediately notify MAH of any unauthorized uses of your account, your account or any other breaches of security. MAH 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.
Payment and Renewal.
- General Terms.
  Paid services are available on the Website (any such services, a “Package” or “Subscription Package”). By selecting a Package you agree to pay MAH the monthly or annual subscription fees indicated for that service. One time payments are charged one time. Recurring payments will be charged on a pre-pay basis on the day you sign up for a Subscription Package and will cover the use of that service for a monthly, quarterly or annual subscription period as indicated. Subscription Package fees are not refundable.
- Automatic Renewal.
  Unless you notify MAH before the end of the applicable subscription period that you want to cancel a Subscription Package, your Subscription Package subscription will automatically renew and you authorize us to collect the then-applicable annual, quarterly or monthly subscription fee for such Subscription Package (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Subscription Packages can be canceled at any time in the Account section of your account.
Responsibility of Website Visitors.MAH 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, MAH 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. MAH 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.
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 web pages to which MAH.com links, and that link to MAH.com. MAH does not have any control over those non-MAH websites and web pages and is not responsible for their contents or their use. By linking to a non-MAH website or webpage, MAH 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. MAH disclaims any responsibility for any harm resulting from your use of non-MAH websites and web pages.
Copyright InfringementAs MAH 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 MAH.com violates your copyright, you are encouraged to notify MAH. MAH will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MAH will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MAH or others. In the case of such termination, MAH will have no obligation to provide a refund of any amounts previously paid to MAH.
Intellectual Property.This Agreement does not transfer from MAH to you any MAH or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MAH. MAH, the MAH.com logo, and all other trademarks, service marks, graphics and logos used in connection with MAH.com, or the Website are trademarks or registered trademarks of MAH or MAH’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 MAH or third-party trademarks.
MAH 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. MAH 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.
MAH 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 MAH.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a MAH account, such account can only be terminated by MAH if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MAH’s notice to you thereof; provided that, MAH 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.
Disclaimer of Warranties.The material displayed on this Website is provided without any guarantees, conditions or warranties in relation to any statements, comments or representations made. Unless expressly stated to the contrary to the fullest extent permitted by law https://www.madmenandheroes.com/ and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages of any nature whatsoever, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or health and safety, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Limitation of Liability.Subject to any limitations stated in the Terms of Use herein, the Subscriber shall indemnify and hold harmless Madmen and Heroes (“MAH”) and the respective officers, directors, employees, agents and subcontractors, from and against all claims, demands, losses, and actions, including reasonable legal fees and costs, arising out of damages or liabilities for bodily injury, sickness, disease, loss of capacity, death, or damage to property, caused by a negligent act, strict liability, breach of contract, error, or omission of the Subscriber or any of its agents, subcontractors, or employees in relation to the experience packages and other products offered by the MAH and purchased by the Subscriber.
General Representation and Warranty.You represent and warrant that (i) your use of the Website will be in strict accordance with the MAH 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 Canada 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.
You agree to indemnify and hold harmless MAH, 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 your violation of this Agreement.
This Agreement constitutes the entire agreement between MAH and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MAH, or by the posting by MAH 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 Illinois state, USA, 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 Illinois state. 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 arbitration. The arbitration shall take place in Chicago, Illinois, in the English 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; MAH 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.