Terms and Conditions

About AuntyAcid.com

AuntyAcid.com, this web site, related Aunty Acid merchandise and all associated activities (we call all that “AuntyAcid.com”) is an online service operated by Aunty Acid and Ruby Moon Associates Ltd (we usually call ourselves “Aunty Acid”)

These terms and conditions (let’s call them “Terms” for short) apply to all and any use of AuntyAcid.com and all and any postings, emails and other communications made to or using it or any services run by Aunty Acid (“Submissions”). If you use AuntyAcid.com, you agree to be bound by these Terms. You read these Rules, which are the succinct guiding principles of behaviour for visitors. You must also follow these Rules, to help ensure a safe and positive experience for all on AuntyAcid.com. The Rules are a part of these Terms, but they are only a part.

Who Owns the Aunty Acid?

Aunty Acid owns all materials that appear on this website, including any trademarks, trade names, slogans, logos, designs, graphics, pictures, images, text, content, images or other materials (“Aunty Acid Stuff”), including all copyright, trademark, patent, moral rights, and other intellectual property rights thereto. All such rights of Aunty Acid are hereby asserted and reserved, and you may not make any unauthorized use of the Content, including using Content in a way that is likely to cause confusion among consumers, using Content in a commercial manner, or otherwise infringing on Aunty Acid’s rights.

Use of AuntyAcid.com

These terms and conditions (let’s call them “Terms” for short) apply to all and any use of AuntyAcid.com and all and any postings, emails and other communications made to or using it or any services run by Aunty Acid (“Submissions”). If you use AuntyAcid.com, you agree to be bound by these Terms. If you do not accept these Terms, you should not use AuntyAcid.com, and should not make any Submissions.

If we think you have violated the Rules, these Terms, or have otherwise broken the law or behaved inappropriately, we may terminate your account. We reserve the right to monitor all Submissions, and reserve the right to remove or to refuse to post any Submission. However, Aunty Acid does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site.

Be respectful of other visitors Don’t bully people, swear, or do anything inappropriate to make people feel uncomfortable. You may be joking, but people can get upset. Plus, Aunty Acid doesn’t like it. She told us. This means that you can’t put on the site anything that is mean, illegal, or might hurt someone, (we sometimes call this stuff “unlawful, harmful, tortuous, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate”). You also can’t include anything that infringes the rights of a third party, including that party’s trademark, copyright, patent, trade secret or other intellectual property rights.

You also can’t include in your Submissions viruses, malware or illegal materials. If you break this Rule, we reserve the right to take appropriate action to remove the information from AuntyAcid.com and, if necessary, to delete your account. So, please don’t give us any reason to go there.

Don’t Give Out Information About Yourself!  You can’t include in your Submissions anything that contains personal information about yourself or another person.

Going Offsite

From time to time, we may provide links to third party websites. Those links are provided as a service to our users. We do not sponsor or endorse those third parties, nor do we control their activities. You should review any website terms and conditions, privacy policies, and other disclosures that those sites provide before interacting with those third parties, or providing them with information about yourself.

These Terms and Rules also apply to use of the Aunty Acid website. You are responsible for any content you post onto the Aunty Acid; Aunty Acid will not be held liable for any offensive or illegal content (as described above). To the extent that we run sweepstakes or prize draws on the Aunty Acid, inviting you to comment and/or answer questions or puzzles in return for Sassy Dollars, the following Terms apply: The prize draws are free but open to members only. The prize will be as described on the website or blog post. The winners will be selected at random from all current members. Winners will be announced the as per the details of the sweepstake (or the following Monday if posted on a weekend). Only one entry may be submitted per person (duplicates will be ignored).

MEMBERSHIP

We offer a ‘membership’ option for www.AuntyAcid.com, for more information see www.AuntyAcid.com/membership. Memberships can be purchased as an online subscription, for full membership terms and conditions, see www.AuntyAcid.com/membership/terms.

Personal Information

From time to time Aunty Acid may ask for or you may choose to submit personal information on AuntyAcid.com. Information you submit will be used as described in our Privacy Policy.

Be Careful Folks!

Aunty Acid is engaged in the business of providing an entertainment and information service, and as part of its services may be transmitting, storing, retrieving, hosting, formatting, or translating third party communications, including Submissions. The views expressed in any Submission are the views of the individual contributors and not those of Aunty Acid unless specified otherwise by Aunty Acid. In particular, but without limitation to the above Aunty Acid are not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in Submissions. Aunty Acid give no warranty and make no representation as to the accuracy, currency or validity of the information and material contained within the Submissions or AuntyAcid.com and shall not be responsible for any loss or damage caused as a result of any use of such material.

Be Responsible

You agree to indemnify and hold harmless Aunty Acid against all liability it may have in respect of and arising out of your use of Aunty Acid Services and your Submissions.

Liability

Aunty Acid provides and maintains AuntyAcid.com for personal entertainment, on an “as is” and “as available” basis. Aunty Acid gives no warranty about AuntyAcid.com, including that AuntyAcid.com will work for a purpose. Aunty Acid does not promise that the site will always be available, or that it will work perfectly. To the maximum extent permitted by law, Aunty Acid exclude liability for any loss or damage of any kind arising out of your use of AuntyAcid.com, or any information, materials or other items you obtained from us, including without limitation any direct, indirect, punitive or consequential damages whether such arises out of any problem you notify to Aunty Acid and Aunty Acid shall have no liability to pay any money by way of compensation.

Termination

Aunty Acid shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of AuntyAcid.com for any reason, including if you break the Rules or these Terms, if AuntyAcid.com is bought by another company, or for any other reason.

Questions?

All questions, comments or enquiries should be directed:

by email to: [email protected]; or

by post to: Customer Service, Aunty Acid, Room 101, Cotton Exchange Building, Old Hall Street. Liverpool, L3 9LQ  UK

Please note, we may monitor, record, store and use any telephone call, email or other communication with you for training purposes and to improve the quality of our customer service.

Unsolicited Information

Please do not send any unsolicited ideas or suggestions relating to products, services, marketing plans, ideas for toys, games or other products, or any other suggestions, notes, ideas, inventions, drawings, designs, models, concepts, techniques or similar material and information. If we want something from you, we’ll ask for it. Any such confidential or proprietary submissions that we did not specifically request will be destroyed. Any non-confidential and non-proprietary information which you may send to us will be considered as owned by Aunty Acid.

Linking to AuntyAcid.com

Anyone linking to AuntyAcid.com must not imply or suggest affiliations to Aunty Acid or Aunty Acid that do not exist, and the link may not refer to or portray Aunty Acid or Aunty Acid in a false, misleading, derogatory or otherwise offensive manner.

Notices

No representation or warranty is made as to whether AuntyAcid.com complies with the regulatory regime and local laws of any other countries apart from the US and UK. Any legal matters that arise will be subject English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

Miscellaneous

Aunty Acid act as principal on its own account and not as agent for you or any other person. If Aunty Acid do not enforce any provision of this agreement such will not be considered a waiver of any provision or right. If any part of these terms and conditions is held to be unenforceable, such part will at Aunty Acid’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect. Use of AuntyAcid.com and these terms are subject Governing law & jurisdiction.

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

Indemnification

You agree to defend, indemnify, and hold harmless Aunty Acid, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Aunty Acid.

DMCA notice for US users

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Aunty Acid Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

(i) identification of the copyrighted work or works claimed to have been infringed;

(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

(iii) your contact information including name a address, telephone number, and, if available, an email address;

(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;

(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(vi) your physical or electronic signature;

Aunty Acid’s designated copyright agent to receive notifications of claimed infringement is: [email protected] Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Additional disclaimers

Visitors to the Aunty Acid Site agree that their use of the Aunty Acid Site is at their own sole risk. The Aunty Acid Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Aunty Acid Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Aunty Acid also makes no representations and warranties as to any linked sites and Aunty Acid has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Aunty Acid Site may represent the opinions and judgments of providers or users, such as user content. Aunty Acid and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Aunty Acid Site by anyone other than authorised Aunty Acid employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Aunty Acid Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Aunty Acid Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Aunty Acid does not warrant or guarantee that access to the Aunty Acid Site will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL AUNTY ACID OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE AUNTY ACID SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE AUNTY ACID SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF AUNTY ACID SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, AUNTY ACID’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING AUNTY ACID’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS

Check Back for Updates

Aunty Acid may make alterations to the Rules or these Terms from time to time. These changes shall become effective immediately as soon as they are posted on this site.

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