Terms & Conditions

Terms and Conditions

Last updated: [7-11-2024]

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Welcome to Midknight Heroes!

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These terms and conditions outline the rules and regulations for the use of Midknight Heroes' Website, located at www.midknightheroes.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Midknight Heroes if you do not agree to take all of the terms and conditions stated on this page.

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1. Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, www.midknightheroes.com, accessible at www.midknightheroes.com.

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2. Intellectual Property Rights

Other than the content you own, under these Terms, Midknight Heroes and/or its licensors own all the intellectual property rights and materials contained on this Website.

You are granted a limited license only for purposes of viewing the material contained on this Website.

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3. Restrictions

You are specifically restricted from all of the following:

• Selling, sublicensing, and/or otherwise commercializing any Website material

• Using this Website in any way that is or may be damaging to this Website

• Using this Website in any way that impacts user access to this Website

• Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity

• Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website

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Certain areas of this Website are restricted from being accessed by you and Midknight Heroes may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

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4. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images, or other material you choose to display on this Website or Discord. By displaying Your Content, you grant Midknight Heroes a non-exclusive, worldwide irrevocable, sub-licensable license to use, publish, translate, and display on their website www.midknightheroes.com, or any discord server managed. All ownership belongs to the original IP holder and credit must be given.

Your Content must be your own and must not be invading any third-party’s rights. Midknight Heroes reserves the right to remove any of Your Content from this Website at any time without notice.

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5. Copyright Complaints

If you believe that any content on our site infringes upon your copyright, please contact us at midknightheroes@gmail.com with a detailed description of the alleged infringement.

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6. Consent to Receive E-mails

If you provide Midknight Heroes your email address, you consent to receive e-mails from Midknight Heroes, which may include commercial e-mails. You may unsubscribe from emails by clicking the unsubscribe link when you receive an email from Midknight Heroes. You may also unsubscribe on your Account Details Page.

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7. Copyright and Site Materials

Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Midknight Heroes logo, trademarks, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Midknight Heroes or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited license to access and use the Site.

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8. Trademarks

Midknight Heroes, the Midknight Heroes logo, and any other product or service name or slogan contained in the Site are trademarks of Midknight Heroes and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Midknight Heroes or the applicable trademark holder. All rights reserved. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Midknight Heroes and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners.

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9. Third Party Sites

Midknight Heroes makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Midknight Heroes does not control those sites, and you need to review the terms and conditions for those sites. Midknight Heroes provides these links for convenience and not as a reflection of Midknight Heroes’ endorsement.

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10. Registration Data; Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Midknight Heroes, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Midknight Heroes.

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In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.

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Midknight Heroes does not own or sell any third-party data to external sites. All data provided is hosted on the provider (Wix.com) and is subject to their terms and conditions.  

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11. Disclaimers and Acknowledgements Regarding Use of Site Information

The site, the site materials, and the services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Midknight Heroes disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, or materials in the site. Midknight Heroes does not represent or warrant that site materials, including the information available in or on the site, or the services are accurate, complete, reliable, current, or error-free. Midknight Heroes does not represent or warrant that the site or its servers are free of viruses or other harmful components.

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12. Limitation of Liability

In no event shall Midknight Heroes or any of its corporate affiliates, independent contractors, service providers, or consultants, or any of their respective directors, employees, and agents, be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with any use of the site, the services, the content, or the materials contained in or accessed through the site, including without limitation any damages, loss, or injury caused by or resulting from reliance by user on any information obtained from Midknight Heroes or the site, or that result 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 Midknight Heroes' records, programs, or services. The aggregate liability of Midknight Heroes, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating in any manner to the use of the site or the site materials, shall not exceed any compensation you pay, if any, to Midknight Heroes for access to or use of the site.

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13. Indemnification

You agree to defend, indemnify, and hold harmless Midknight Heroes, its corporate affiliates, independent contractors, service providers, and consultants, and each of their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms, or your violation of the rights of any third party.

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14. Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas (even if your use is outside of the State of Texas), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in or for Denton County, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

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15. Termination

Notwithstanding any of these Site Terms, Midknight Heroes reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your access to and use of the Site.

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16. Severability

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