The Furdmont Chronicles Terms of Use

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

CMD Gaming LLC (“CMD,” “our” or “us”) provides this app for your use subject to the following Terms and Conditions and Privacy Policy.  If you download CMD’s app (“App”), you accept and agree to these Terms and Conditions and Privacy Policy and consent to the collection and use of your information by CMD as described below.  If you do not agree to be bound by the Terms and Conditions and Privacy Policy set forth below, do not download or access this App.  This App does not provide any medical advice.  Nothing stated or presented on this App is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding your medical condition, your diet, nutritional supplements, an exercise regimen, etc.

LICENSE AND APP ACCESS

CMD grants you a limited license to access and use this App.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, duplicate, license, create derivative works from, transfer or sell any information, material, software, products or services from this App, or any portion of it, without the express written consent of CMD.  This license does not include any:  (i) resale or commercial use of this App or its contents; (ii) derivative use of this App or its contents; or (iii) use of data mining, robots, or similar data gathering and extraction tools.  You may not frame or utilize any framing techniques to enclose any image, trademark, logo, or other proprietary information of CMD without our express written consent.  Any unauthorized use terminates the permission or license granted by CMD.

DISCLAIMERS AND LIMITATION OF LIABILITY

Users of this App ("User") expressly agree that such use is at User's sole risk.  Neither CMD, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, contractors, representatives or agents warrant that this App will be uninterrupted or error-free; nor do they warrant or make any representation regarding the accuracy, reliability, or currency of any information, content, service or results of the use of the App.  The User assumes full responsibility for implementing sufficient procedures and checks to satisfy User’s requirements for the accuracy and suitability of the App, including, without limitation, text, data, photos, graphics and/or video or any information or results whatsoever obtained through the App (“Information”).

THIS APP IS PROVIDED ON AN “AS IS WITH ALL FAULTS BASIS” AND “AS AVAILABLE” BASIS.  NEITHER CMD NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS APP OR THE INFORMATION, CONTENT, MATERIALS OR RESULTS OBTAINED ON THIS APP.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CMD AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  UNDER NO CIRCUMSTANCES SHALL CMD OR ITS AFFILIATES OR  SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS BE LIABLE TO A USER OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM THE USE OF THIS APP OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS APP, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL CMD OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.00.  FURTHER, CMD AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS NEITHER REPRESENT NOR WARRANT AND EXPRESSLY DISCLAIM ALL WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.

Under no circumstances shall CMD or its affiliates or subsidiaries, or any of their officers, directors, employees, contractors, representatives or agents or any other party involved in creating, producing, distributing or providing services in connection this App be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the App, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, 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 this App’s records, programs, or services.  User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this App.  In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

COPYRIGHTS

Copyright © 2014 CMD Gaming LLC.  All materials and content contained in this App (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads and software), and the App itself, are copyrighted materials belonging exclusively to CMD or its content suppliers and are protected by United States and international copyright law.  CMD or its content suppliers owns and retains at all times all of its copyright rights in and to the artwork depicted on this App.  CMD enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code.  All rights are reserved.

TRADEMARKS

CARTOONMD, FURDMONT, GORDY, SCHEPP, GORBLE, MEDICAL INFORMATION THAT GOES DOWN EASY and other trademarks included in the App are used by CMD pursuant to a license with the owner of the those trademarks.

INDEMNITY

You agree to defend, indemnify, and hold CMD and its affiliates and subsidiaries, and their officers, directors, employees, contractors, representatives and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, legal and accounting fees, resulting from, or alleged to result from, your use of this App or your violation of these Terms and Conditions and Privacy Policy.

APPLICABLE LAW

This App is created and controlled by CMD in the State of New York.  As such, the laws of the State of New York will govern these disclaimers, Terms and Conditions and Privacy Policy without giving effect to any principles of conflicts of laws.  User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the federal or state courts located in the County of Suffolk, State of New York for any litigation arising out of or relating to use of this App (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 such courts and agrees not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum.

NO JOINT VENTURE

You agree that no joint venture, partnership, employment or agency relationship exists between you and CMD as a result of this agreement or your use of this App.

SEVERABILITY

If any of these Terms and Conditions or Privacy Policy terms is deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CHANGES TO TERMS AND CONDITIONS

If CMD decides to change any of the Terms and Conditions, it will post such changes to the Terms and Conditions and other places it deems appropriate so that you are aware of the changes.  Such changes shall be effective immediately upon posting.

TO PARENTS

The materials contained in this App are intended for audiences over the age of 6.  However, we cannot guarantee that all parents and guardians will find the material on this site acceptable for their children.  Please review the material on this App before allowing your children to view and use the materials on this App.  We also cannot guarantee the appropriateness of the material viewed.  In addition, the characters on this App are cartoon characters.  Some of the activities they perform may be dangerous or inappropriate to perform.  Do not attempt to perform, imitate, repeat or recreate any of the activities shown on this App in any manner whatsoever.

PRIVACY POLICY

PERSONAL INFORMATION

Except as set forth in this Privacy Policy (and as amended), CMD does not share personally identifiable information with third parties (other than as necessary to provide this service) unless you make a specific request of CMD to share information.  CMD may send your personal information to other entities or people under any of the following circumstances:  (i) CMD needs to send the information to companies who work on behalf of CMD to provide a product or service to you provided that CMD will only provide those companies the information they need to deliver the product or service; or (ii) CMD wants to keep you up to date on product announcements, software updates, special offers or other information CMD thinks you would like to hear about.  CMD reserves the right to disclose your personally identifiable information as required by law and when CMD believes that disclosure is necessary to protect its rights and/or to comply with a judicial proceeding, court order, or legal process.

CHILDREN’S PRIVACY

CMD is committed to protecting the privacy of children.  Consistent with the Children’s Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.

CHANGES IN THIS PRIVACY STATEMENT

If CMD decides to change its Privacy Policy, it will post those changes to this Privacy Policy and other places it deems appropriate so that you are aware of what information CMD collects, how it is used, and under what circumstances, if any, CMD discloses it.  Such changes shall be effective immediately upon posting.

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

CMD Gaming LLC (“CMD,” “our” or “us”) provides this app for your use subject to the following Terms and Conditions and Privacy Policy.  If you download CMD’s app (“App”), you accept and agree to these Terms and Conditions and Privacy Policy and consent to the collection and use of your information by CMD as described below.  If you do not agree to be bound by the Terms and Conditions and Privacy Policy set forth below, do not download or access this App.  This App does not provide any medical advice.  Nothing stated or presented on this App is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding your medical condition, your diet, nutritional supplements, an exercise regimen, etc.

LICENSE AND APP ACCESS

CMD grants you a limited license to access and use this App.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, duplicate, license, create derivative works from, transfer or sell any information, material, software, products or services from this App, or any portion of it, without the express written consent of CMD.  This license does not include any:  (i) resale or commercial use of this App or its contents; (ii) derivative use of this App or its contents; or (iii) use of data mining, robots, or similar data gathering and extraction tools.  You may not frame or utilize any framing techniques to enclose any image, trademark, logo, or other proprietary information of CMD without our express written consent.  Any unauthorized use terminates the permission or license granted by CMD.

DISCLAIMERS AND LIMITATION OF LIABILITY

Users of this App ("User") expressly agree that such use is at User's sole risk.  Neither CMD, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, contractors, representatives or agents warrant that this App will be uninterrupted or error-free; nor do they warrant or make any representation regarding the accuracy, reliability, or currency of any information, content, service or results of the use of the App.  The User assumes full responsibility for implementing sufficient procedures and checks to satisfy User’s requirements for the accuracy and suitability of the App, including, without limitation, text, data, photos, graphics and/or video or any information or results whatsoever obtained through the App (“Information”).

THIS APP IS PROVIDED ON AN “AS IS WITH ALL FAULTS BASIS” AND “AS AVAILABLE” BASIS.  NEITHER CMD NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS APP OR THE INFORMATION, CONTENT, MATERIALS OR RESULTS OBTAINED ON THIS APP.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CMD AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  UNDER NO CIRCUMSTANCES SHALL CMD OR ITS AFFILIATES OR  SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS BE LIABLE TO A USER OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM THE USE OF THIS APP OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS APP, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL CMD OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.00.  FURTHER, CMD AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS NEITHER REPRESENT NOR WARRANT AND EXPRESSLY DISCLAIM ALL WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.

Under no circumstances shall CMD or its affiliates or subsidiaries, or any of their officers, directors, employees, contractors, representatives or agents or any other party involved in creating, producing, distributing or providing services in connection this App be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the App, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, 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 this App’s records, programs, or services.  User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this App.  In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

COPYRIGHTS

Copyright © 2014 CMD Gaming LLC.  All materials and content contained in this App (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads and software), and the App itself, are copyrighted materials belonging exclusively to CMD or its content suppliers and are protected by United States and international copyright law.  CMD or its content suppliers owns and retains at all times all of its copyright rights in and to the artwork depicted on this App.  CMD enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code.  All rights are reserved.

TRADEMARKS

CARTOONMD, FURDMONT, GORDY, SCHEPP, GORBLE, MEDICAL INFORMATION THAT GOES DOWN EASY and other trademarks included in the App are used by CMD pursuant to a license with the owner of the those trademarks.

INDEMNITY

You agree to defend, indemnify, and hold CMD and its affiliates and subsidiaries, and their officers, directors, employees, contractors, representatives and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, legal and accounting fees, resulting from, or alleged to result from, your use of this App or your violation of these Terms and Conditions and Privacy Policy.

APPLICABLE LAW

This App is created and controlled by CMD in the State of New York.  As such, the laws of the State of New York will govern these disclaimers, Terms and Conditions and Privacy Policy without giving effect to any principles of conflicts of laws.  User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the federal or state courts located in the County of Suffolk, State of New York for any litigation arising out of or relating to use of this App (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 such courts and agrees not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum.

NO JOINT VENTURE

You agree that no joint venture, partnership, employment or agency relationship exists between you and CMD as a result of this agreement or your use of this App.

SEVERABILITY

If any of these Terms and Conditions or Privacy Policy terms is deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CHANGES TO TERMS AND CONDITIONS

If CMD decides to change any of the Terms and Conditions, it will post such changes to the Terms and Conditions and other places it deems appropriate so that you are aware of the changes.  Such changes shall be effective immediately upon posting.

TO PARENTS

The materials contained in this App are intended for audiences over the age of 6.  However, we cannot guarantee that all parents and guardians will find the material on this site acceptable for their children.  Please review the material on this App before allowing your children to view and use the materials on this App.  We also cannot guarantee the appropriateness of the material viewed.  In addition, the characters on this App are cartoon characters.  Some of the activities they perform may be dangerous or inappropriate to perform.  Do not attempt to perform, imitate, repeat or recreate any of the activities shown on this App in any manner whatsoever.

PRIVACY POLICY

PERSONAL INFORMATION

Except as set forth in this Privacy Policy (and as amended), CMD does not share personally identifiable information with third parties (other than as necessary to provide this service) unless you make a specific request of CMD to share information.  CMD may send your personal information to other entities or people under any of the following circumstances:  (i) CMD needs to send the information to companies who work on behalf of CMD to provide a product or service to you provided that CMD will only provide those companies the information they need to deliver the product or service; or (ii) CMD wants to keep you up to date on product announcements, software updates, special offers or other information CMD thinks you would like to hear about.  CMD reserves the right to disclose your personally identifiable information as required by law and when CMD believes that disclosure is necessary to protect its rights and/or to comply with a judicial proceeding, court order, or legal process.

CHILDREN’S PRIVACY

CMD is committed to protecting the privacy of children.  Consistent with the Children’s Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.

CHANGES IN THIS PRIVACY STATEMENT

If CMD decides to change its Privacy Policy, it will post those changes to this Privacy Policy and other places it deems appropriate so that you are aware of what information CMD collects, how it is used, and under what circumstances, if any, CMD discloses it.  Such changes shall be effective immediately upon posting.