Terms & Conditions

Welcome to MattBusch.com and the MattBusch.com Online Store. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.

1. Agreement to Terms. By using this Site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this Site, you will be subject to any posted guidelines, rules or additional terms of service applicable to such services which may be posted from time to time (the “Guidelines”), including without limitation our Privacy Policy. All such Guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the Guidelines, you may not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or any of the Guidelines at any time. Please check these Terms of Use and the Guidelines periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of Planetmatt Entertainment, and you should refer to those before using such services.

2. Ownership. This Site is owned and operated by Planetmatt Entertainment. The contents of this Site are protected by United States copyright and trademark law, international conventions and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained in the Site, and all Site Code (as defined below)( collectively the “Materials”), are the copyrighted property of Planetmatt Entertainment or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you for the limited use solely pursuant to these Terms of Use. As used herein, the term “Site Code” means any and all underlying elements of the Site, including without limitation source code, scripts, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. All trademarks, service marks, and trade names are proprietary to Planetmatt Entertainment or its affiliates and/or third-party licensors.  Any use of any of the Materials on this Site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the materials contained herein, for any other purpose except as expressly permitted pursuant to these Terms of Use, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent, is expressly prohibited. Except as expressly provided for under the Terms of Use, the creation of derivative works based on the materials contained herein is expressly prohibited. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of proprietary rights. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party’s use and enjoyment of any Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Site.

3. Billing. Billing, account maintenance, account customer service, and other support functions are provided by a third-party billing service provider (the “Billing Service Company”) and not by Planetmatt. By signing up, you agree to be bound by the terms and conditions imposed by the Billing Service Company, including its privacy policy, in addition to these Terms of Use.

As part of the registration process, the Master Account and each person with a Subaccount will select a password and member name (“Member Name”). Planetmatt reserves the right to cancel any Member Name if in Planetmatt’s sole discretion the name is objectionable or offensive in any way or uses the intellectual property rights of any other person, or is used or capable of use for impersonating another person. You are responsible for maintaining the confidentiality of your password. You may not share your username and password with anyone. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you will immediately notify the Billing Service Company of the problem to avoid possible liability for any unauthorized charges to your account.

You may terminate your account at any time by providing written notice of termination to the Billing Service Company.

4. Forums and Blogs

a. To the extent such service is available on this Site, you are welcome to post, transmit or submit messages (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”). Planetmatt accepts no responsibility whatsoever in connection with or arising from such Messages. Planetmatt does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Planetmatt prior to posting and do not necessarily reflect the opinions or policies of Planetmatt. Planetmatt makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Planetmatt reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

b. Planetmatt assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Planetmatt chooses, in its sole discretion, to monitor the Forums, Planetmatt nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Planetmatt accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.

c. You agree that any Message whatsoever submitted by you becomes the property of Planetmatt and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as Planetmatt sees fit.

5. Links. This Site includes links to other Internet sites solely as a convenience to users. Planetmatt does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Planetmatt makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.

“Your Posted Material” means, collectively, any and all material which you post or cause to be posted to, submitted to, or in any way transmitted via, the Site, including without limitation video, audio, music, audiovisual, music, text and drawings.

6. Disclaimer of Warranties. THE MATERIALS IN THIS SITE, INCLUDING WITHOUT LIMITATION THE SITE CODE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLANETMATT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES AVAILABLE, OFFERED OR SOLD THROUGHT THIS SITE. PLANETMATT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS, INCLUDING WITHOUT LIMITATION THE SITE CODE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FREE FROM SECURITY BREACHES. PLANETMATT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION THE SITE CODE, IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PLANETMATT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

7. No Consequential Damages; Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LUCAS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE SITE CODE, ON THIS SITE OR ANY OTHER INTERACTIONS WITH PLANETMATT, EVEN IF PLANETMATT OR A PLANETMATT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Termination. You agree that Planetmatt, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the Site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in Planetmatt’s sole discretion. Planetmatt may also in its sole discretion and at any time discontinue providing access to MattBusch.com, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Planetmatt shall not be liable to you or any third-party for any such termination.

9. Injunctive Relief; Governing Law; Venue. You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy and that Planetmatt shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you, from such breach or threatened breach. Nothing in this Section (9) shall be construed as preventing Lucas from pursuing any and all remedies available to it, including the recovery of money damages from you.

10. Miscellaneous.

A. No Waiver. The failure of Planetmatt to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

B. Severability. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

C. No Assignment. These Terms of Use and related Guidelines may not be transferred or assigned by you but may be assigned by Planetmatt without restriction.

D. Survival of Certain Terms. Sections 2, 3, 6, 7, 8, 9 and 10 will survive any termination of this Agreement.

E. Entire Agreement. This is the entire agreement between you and Planetmatt relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms of Use or Guidelines made by Planetmatt as set forth in Section 1 above.

F. Notices. We may give notice to our users by means of a general notice on the Site, electronic mail to a user’s e-mail address on our records, or by written communication sent by first-class mail to a user’s address on our records.

© 2010 Planetmatt Entertainment and/or its affiliated and related entities. All rights reserved.

Effective Date: 11/15/2010

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