The Effective Date of this TOU is February 13, 2009.

Introduction: The following Terms of Use (”TOU”) describe the terms and conditions applicable to your registration, access and use of the “THE GLOOMERS”® website, located at www.thegloomerscom. (the “Website”). By using the Website, you are accepting and agreeing to the TOU. If you do not agree to the TOU, do not use the Website. We reserve the right to change the TOU at any time without notice; modifications will be included in the TOU. It is your responsibility to check the TOU from time to time for modifications. Continued use of the Website after any modifications of the TOU will constitute acceptance of such modifications. The Website is owned and operated by “The Gloomers”, LLC, a Wyoming limited liability company (““The Gloomers””).

Ownership and Use of Website: The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website (““The Gloomers” Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of “The Gloomers” and various third party owners. You agree to abide by all applicable intellectual property laws and any additional restrictions set forth on the Website in relation to “The Gloomers” Content. By using the Website, you represent that you are at least 13 years old and are a resident of the United States. If you are under 13 or not a U.S. resident, do not use the Website. “The Gloomers” does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of 13 through the Website. Except as specifically permitted herein, You may not store, modify, reproduce, transmit or distribute content from the Website without the prior written consent of “The Gloomers”. “The Gloomers” may change or restrict your use of the Website and/or make changes to the products and services described on the Website at any time without notice. You also agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of “The Gloomers”, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means. Certain third party owners may impose additional terms and conditions set forth elsewhere herein. Your use of “The Gloomers” Content from those third party owners is also subject to those terms and conditions. Any and all caching, hypertext linking to the Website or framing of any “The Gloomers” Content is prohibited without “The Gloomers”’ prior written consent. “The Gloomers” reserves the right to disable any unauthorized links or frames.

Limited License; Permitted Uses: You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial entertainment purposes; (c) to print out discrete portions of “The Gloomers” Content from the Website solely for internal, personal, non-commercial entertainment purposes and provided that you maintain all copyright and other policies contained therein; and (d) share certain portions of the “The Gloomers” Content with others for entertainment purposes solely through the “ShareThis” function available on the Website (“Shared Content”). Shared Content means content from “The Gloom Room”, “The Daily Gloom” and Your “The Gloomers” characters. You may not modify the Shared Content without our prior written consent, and You are solely responsible for obtaining all necessary permissions required to place the Shared Content on any third party websites. We reserve the right to require that Shared Content be removed from a third party site at any time. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Information Contained on Website: The information contained on the Website is for entertainment purposes only. “The Gloomers” makes no warranties or representations related to the information contained on the Website and disclaims all liability for errors or omissions in the information presented.

User Submissions: By submitting information, graphics, images, photographs, comments, videos, postings, or other materials (”User Content”) through the Website, you grant to “The Gloomers” an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, modify, create derivative works from and transmit such User Content for any purpose, including without limitation, disclosing any such User Content as necessary to satisfy any law, regulation, or governmental request. All remarks, comments, postings, video submissions, suggestions, ideas, or inventions communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You agree not to submit or transmit any User Content through the Website that in “The Gloomers”’ opinion: (i) are defamatory, threatening, obscene or harassing; (ii) contain a virus, worm, Trojan horse or any other harmful component; (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission; (iv) violate “The Gloomers”’ rules or procedures; or (v) otherwise violate any applicable laws or regulations. You acknowledge that “The Gloomers” does not have a duty to pre-screen content but that “The Gloomers” expressly reserves the right to reject any Submission of User Content on the Website. “The Gloomers” shall not be subject to any obligations of confidentiality regarding any User Content that you submit except as specified in “The Gloomers”’ Privacy Policy, or as otherwise specifically agreed to or required by law. You understand that all User Content you submit through the Website is the sole responsibility of the person from whom such information or materials originated. Thus, you, not “The Gloomers”, are entirely responsible for such information and materials and liable for any infringement, violation of privacy, defamation, libel or other causes of action that arise from such User Content.

Sweepstakes and Contests: “The Gloomers” may offer sweepstakes, promotions or contests on the Website from time to time, subject to such additional terms and conditions as may be posted on the Website at the time of the contest.

Disclaimer of Warranties: THE WEBSITE, THE WEBSITE CONTENT AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. “THE GLOOMERS” MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, WEBSITE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE CONTENT YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of Liability: YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL “THE GLOOMERS” OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, “THE GLOOMERS” CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY “THE GLOOMERS” CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE WEBSITE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Consequential Damages: IN NO EVENT SHALL “THE GLOOMERS” OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, “THE GLOOMERS” CONTENT OR USER CONTENT.

Additional Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE “LIMITATION OF LIABILITY” AND “EXCLUSION OF CONSEQUENTIAL DAMAGES” SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF “THE GLOOMERS” AND ITS THIRD PARTY PROVIDERS UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU OR WITH RESPECT TO THE WEBSITE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Indemnification: You agree to indemnify and hold harmless “The Gloomers” and its affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content or Submission you submit, transmit or otherwise make available, your use of the Website or “The Gloomers” Content, your violation of the TOU, or your violation of any rights of another party.
Trademarks: The name “THE GLOOMERS”® is a protected mark. Unauthorized use of trademarks, service marks or logos owned by “The Gloomers” is strictly prohibited and may also be a violation of federal and state trademark laws.

Copyright: The Website is protected by U.S. copyright laws of “The Gloomers”, its affiliates, and certain third party providers. Except as expressly provided under “Use of Website” section above, you may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or “The Gloomers” Content without the prior written consent of “The Gloomers”.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at mygloomers@gmail.com, or by letter sent postage prepaid to 3395 North Pines Way, Suite 102, Wilson, Wyoming 83014, Attention: Copyright Agent.
Governing Law: The TOU shall be governed in all respects by the laws of the State of Ohio, USA, without reference to its choice of law rules. By accessing the Website you understand and agree that all transactions take place in Hamilton County, Ohio and agree that the federal and state courts located in Hamilton County, Ohio have exclusive jurisdiction over any disputes with “The Gloomers” arising from or related to your use of the Website or any of the products, services or “The Gloomers” Content or User Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of that court, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or the TOU (other than a violation of “The Gloomers”’ intellectual property rights hereunder) must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Third Party Links: The Website may contain links to third party websites. “The Gloomers” makes no representation regarding the content or accuracy of any website that you may access through the Website. “The Gloomers” does not monitor and is not responsible for the content found on other websites that are linked from the Website. “The Gloomers” does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the site, and “The Gloomers” shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of “The Gloomers”.

Third Party Services: We may allow access to or advertise certain third-party product or service providers (”Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Security: “The Gloomers” does not make warranties or representations regarding the security of the Website, “The Gloomers” Content or User Content. Data sent over the Internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the Internet.

User ID and Password: You are required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. “The Gloomers” prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify “The Gloomers” of any unauthorized use of your user ID or password or any other breach of security.

Linking to the Website: You may not link to the Website prior to obtaining written permission from “The Gloomers”, which may be withheld in “The Gloomers”’ sole discretion.

Information and Press Releases: The Website contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Your Registration Obligations: By registering on the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving products or services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (”Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or “The Gloomers” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “The Gloomers” has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). When you register with the Website, you acknowledge that entering your Registration Data may result in interstate data transmissions.

Special Admonitions For International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

General Practices Regarding Use And Storage: You agree that “The Gloomers” has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content. You acknowledge that “The Gloomers” reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that “The Gloomers” reserves the right to modify these general practices and limits from time to time.

Termination: You agree that “The Gloomers” may, in its discretion, and without prior notice, immediately terminate your Website account, any associated email address, and access to the Website.

No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

Waiver: The failure of “The Gloomers” to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Headings: The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this agreement.

Violation of TOU: “The Gloomers” reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this TOU and the Privacy Policy (which is incorporated by reference), including, but not limited to, the right to block access from a particular Internet address to the Website.

Entire Agreement; Severability: This TOU, and the applicable Privacy Policy for Website, constitutes the entire agreement between you and “The Gloomers” relating to the use of the Website. Additional terms and conditions may apply to transactions with Merchants or when you access any linked websites. Should any provision of our TOU be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

Contacting “The Gloomers”: If you have Website questions, comments, or concerns, please email mygloomers@gmail.com. Please include detail of your questions, comments or concerns and your complete name and contact information.