The terms “CC Mercy,” “we,” “our,” and “us” refer to CC Mercy, LLC.
THE SITE IS NOT INTENDED FOR INDIVIDUALS YOUNGER THAN 18 YEARS OLD.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND CC MERCY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE SEE THE DISPUTES SECTION OF THESE TERMS FOR EXCEPTIONS TO THIS ARBITRATION NOTICE.
You are responsible to keep your password confidential and your Account secure. You agree you are solely responsible for all activity and purchases that occur through your Account. You agree to notify CC Mercy immediately of any unauthorized use of your Account and any other breach of security. You further agree that you will not permit others, including those who have been banned from the Site, to use your Account. CC Mercy reserves the right to terminate your Account for any reason, including any violation of these Terms or your non-payment to CC Mercy.
CC Mercy Content
CC Mercy Content means all trademarks, logos, story, plot, episodes, blogs, character names, personalities, likeness, character content and development, original, pre-existing, and derivative works of art and authorship, text, graphics, video, moving images, photographs, sounds, music, user and visual interfaces, and computer code, including but not limited to the design, structure, selection, coordination, expression, look-and-feel, and arrangement of content on the Site. CC Mercy Content also includes any and all Derivative Works (defined below) submitted by you or other users of the Site under the Terms. CC Mercy Content, contained on or Submitted to the Site is owned, controlled, licensed to, or licensed by CC Mercy, and is protected by unfair competition and intellectual property laws. You may not use any meta tags or other hidden text utilizing the CC Mercy name or any of our brand names or trademarks without express written permission.
“CC Mercy,” “The Lives of CC Mercy” and “The Lives of CC Mercy (Lose yourself in the lives of CC Mercy and then go find yourself again),” the CC Mercy logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by or licensed to CC Mercy. The entire content included in the Site, including, but not limited to, text, design, graphics, interfaces, code, plot, episodes, character names and identity, and the selection and arrangements thereof, is subject to the copyright laws of the United States and is the property of CC Mercy. CC Mercy prohibits the use of such marks or copyright material or works without prior written authorization from CC Mercy. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
Rules for Your Personal Use of the Site
The Site is strictly for your personal, noncommercial use and to facilitate your opportunity to create Derivative Works that may contribute to the CC Mercy Content, including plot and character development. You may not use any automated tools, programs, algorithms or methods, including those known as scrapers, robots, spiders, or deep-links or any similar or equivalent manual process, to access, copy or monitor any portion of the Site or any CC Mercy Content, and you may not obtain or attempt to obtain any information through any means not specifically provided by CC Mercy. You acknowledge that any unauthorized use of any CC Mercy Content, including, but not limited to, Derivative Works, could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
No part of the Site and no CC Mercy Content may be copied (including by mirroring, in-line linking, or embedding), resold, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise.
You may not attempt to gain unauthorized access to any part of the Site, to any other systems or networks connected to the Site or to any CC Mercy server, by hacking, password-mining or any other unauthorized means. You may not attempt to penetrate or otherwise test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website. You will not invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Site’ users.
Any permitted links to the Site must comply with all applicable laws, regulations, and CC Mercy policies. Additionally, you agree that you will not (a) take any action that, in our sole discretion, imposes, or may impose an unreasonably large load on our infrastructure, (b) interfere or attempt to interfere with the operation or function of the Site, or (c) bypass any measures we may use to prevent or restrict access to the Site.
Rights CC Mercy Grants to You
Upon meeting CC Mercy’s required conditions, such as registering for an Account and purchasing a subscription, CC Mercy grants you a non-exclusive, limited, revocable, non-transferable, non-sublicensable, fully paid-up, royalty-free license (“License”) to create and submit works of authorship related to the CC Mercy Content and to create derivative works of and to the CC Mercy Content for the sole purpose of contributing to the story, characters, episodes, blogs, and such other CC Mercy Content (collectively, “Derivative Works”). You acknowledge and agree that you will not be compensated in any way for Derivative Works you create or submit to CC Mercy.
You agree that all right, title and interest in and to any Derivative Works made, developed, authored, or created by you or a third party engaged by you pursuant to the License shall be owned exclusively by CC Mercy, whether or not you submit such Derivative Works to CC Mercy, and, to the extent permitted by law, shall be considered as works made for hire under the copyright laws of the United States of America. You hereby irrevocably transfer and assign to CC Mercy any and all rights you may have in or with respect to the Derivative Works. To the extent you cannot assign such rights, you hereby waive and agree never to assert such rights against CC Mercy or any of its licensees. If you have any right to any Derivative Works that cannot be assigned to CC Mercy or waived by you, you unconditionally and irrevocably grant to CC Mercy, a fully-paid, perpetual, irrevocable, worldwide, exclusive license to use, have used, make, have made, reproduce, modify, sell, offer to sell, make derivative works of, distribute, license and sublicense, both directly and through third parties, content or products which incorporate, are based upon, or which otherwise use all or any portion of the Derivative Works. In addition, you agree to obtain such assignment, waiver, covenant not to assert such rights, or license from any person or entity who creates, either in whole or part, any Derivative Works. You shall have no right to use, distribute, reproduce, modify, license, or otherwise exploit such Derivative Works.
Submitting Derivative Works
In order for CC Mercy to consider your Derivative Works for purposes of publication, in whole or in part, on the Site or incorporation into any of the CC Mercy Content, any Derivate Works created by you or a third party on your behalf must be submitted to CC Mercy within fourteen (14) days from the date that you purchased the License to create such applicable Derivative Works. CC Mercy is not obligated to consider or review any Derivative Works that are not submitted within such fourteen (14) day period. CC Mercy is not obligated to use any of the Derivative Works submitted by you. CC Mercy may include a byline and link on the Site establishing authorship credit to you.
Any information, including ideas, stories, characters, plot, or content, comments, feedback, data, photos, videos, questions, or suggestions you post or otherwise transmit to the Site or to CC Mercy that are not considered Derivative Works (collectively, “User Content”), are considered non-confidential and non-proprietary. In other words, you waive any and all rights to claim that CC Mercy’s or any third-party’s use of your User Content violates any of your rights including but not limited to moral rights, privacy, intellectual property, publicity, or any other rights. CC Mercy does not guarantee that you will have any opportunity to edit or delete your User Content. You acknowledge that you, not CC Mercy, are solely responsible for the composition of any User Content. CC Mercy is not obligated to post or otherwise publish your User Content, in whole or in part, on the Site.
Any User Content you provide remains your property. By providing User Content to CC Mercy, however, you grant CC Mercy an exclusive, worldwide, perpetual, irrevocable, transferable, fully paid-up, royalty-free license, with full rights to sublicense, to use, monitor, copy, modify, translate, create derivative works of, distribute, publicly display and perform, and otherwise exploit in any manner such User Content in whole or in part, in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without compensation or payment to you or any third-party.
Your Waiver of Certain Rights
You waive any and all rights to claim that CC Mercy’s or any third-party’s use of your Derivative Works or User Content violates any of your rights including but not limited to copyright, moral, privacy, intellectual property, publicity, or any other rights. CC Mercy does not guarantee that you will have any opportunity to edit or delete your Derivative Works or User Content or that your Derivative Works or User Content will be used on the Site or incorporated into CC Mercy’s Content.
By creating or submitting Derivative Works or User Content, you agree to release, hold harmless and indemnify CC Mercy and its officers, members, governors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Derivative Works or User Content, including, without limitation, any and all claims for copyright infringement, invasion of privacy, and violation of the right of publicity or of moral rights.
You understand that CC Mercy is relying on your representations, grants of rights, waivers and releases in permitting you to submit Derivative Works or User Content, register and maintain an Account, and use the Site. You acknowledge that you may not terminate or rescind the grants of rights and licenses or the releases contained in these Terms.
Impermissible Derivative Works and User Content
CC Mercy prohibits, and you agree you will refrain from, posting, submitting or transmitting any pornographic, profane, threatening, or unlawful material or any material that could incite a criminal act, give rise to civil liability, or otherwise violate any law. CC Mercy has no liability or responsibility arising for any Derivative Works or User Content or for any defamation, error, libel, obscenity, or profanity contained in any Derivative Works or User Content. CC Mercy may change, edit, or remove Derivative Works at any time, for any reason, including if CC Mercy finds, in its sole discretion, Derivative Works or User Content to be illegal, indecent, obscene, offensive, or in any way a violation of these Terms or CC Mercy’s policies. CC Mercy will cooperate fully with any law enforcement authorities or any court order requesting or directing CC Mercy to disclose the identity of anyone posting Derivative Works or User Content.
Regarding your Derivative Works and User Content, you represent and warrant that:
You are the author;
You are accurately representing your identity;
You have all rights, consents, and licenses to grant CC Mercy the rights to the Derivative Works and User Content as described in these Terms;
You have reached the legal age of majority, or are at least 13 years old and a parent or legal guardian consents to you submitting and posting the Derivative Works and User Content;
No one has promised you payment for the Derivative Works or User Content, and you have no expectation of any payment in return for the Derivative Works or User Content;
Your submission of Derivative Works and User Content is made without the expectation of any future benefit, except for the possibility of having your Derivative Works, in whole or in part, used by CC Mercy or your User Content published on the Site.
You may pay CC Mercy in connection with your Account, User Content and your Derivative Works; however, you have no expectation of payment should your Derivative Works or User Content be used, licensed or published by CC Mercy as provided in this Agreement; and
Your Derivative Works and User Content do not contain anything that could be considered hate speech, to incite violence, or that is otherwise unlawful.
Any Derivative Works or User Content will be consistent with the CC Mercy Content, including characters and plot, and presented in a coherent manner.
The content of the Site, including CC Mercy Content, User Content and any Derivative Works created by you or other users of the Site, may be for mature audiences and may contain themes or episodes that contain harm, violence, destruction, weapons and abuse.
CC Mercy does not guarantee that other users of the Site are or will comply with the foregoing Derivative Works and User Content pledge or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You hereby assume all risk of harm or injury resulting from any such lack of compliance.
Geographic Scope of Site
CC Mercy controls and operates the Site from within the United States of America. CC Mercy makes no representation that the contents of the Site, CC Mercy Content, Derivative Works or User Content are appropriate or available for use in locations outside of the United States. Access to the Site from territories or countries where their content is illegal is prohibited. Those who choose to access the Site from locations outside the United States do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Site, Derivative Works, User Content or CC Mercy Content in violation of U.S. export laws and regulations.
We maintain technical and organizational security measures designed to help protect your personal information from unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission or storage system is 100% secure or error free, and we cannot guarantee the security of the information we collect.
The Site, including its functionality, and the CC Mercy Content are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by law, CC Mercy disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
CC Mercy makes no warranty that your access to the Site will be uninterrupted, timely, free of defects, or that any defects will be corrected or that the Site will be secure, or free of viruses, worms, or other harmful components. You agree that you are solely responsible for any damage or problems caused by, or related to, visiting the Site, including all service or repair costs for your computer equipment and software.
Limitation of Liability
IN NO EVENT SHALL CC MERCY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CC Mercy HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OR INABILITY TO USE THE SITE, THE CC MERCY CONTENT, OR THE USE OF ANY DERIVATIVE WORKS OR USER CONTENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If this limitation of liability is held to be unenforceable, CC Mercy’s maximum liability to you shall not exceed the total amount you paid to CC Mercy in the previous twelve (12) months. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you. These Terms do not require you to waive any rights, where such waiver is prohibited by applicable law.
You agree to defend, indemnify, and hold harmless CC Mercy, its licensors, and service providers, and its and their respective officers, members, shareholders, governors, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, the use of the Derivative Works, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must immediately stop accessing or using the Site, including your Account. You use the Site at your sole risk. If you are dissatisfied with the Site, the content, or any of these Terms, your sole and exclusive legal remedy is to discontinue using the Site. If you breach any provision of these Terms, then you may no longer use the Site.
CC Mercy may at any time and for any reason, with or without cause, and in their sole discretion, and without any prior notice or liability to you, immediately: (i) suspend or terminate your authorization to use the Site and any Account you may have or revoke the License; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address, or domain name; (iii) permanently delete and destroy any Derivative Works or User Content that you or others may have posted or submitted to the Site or otherwise transmitted to CC Mercy; and (iv) prohibit you from using the Site in the future or creating Derivate Works or submitting User Content.
If these Terms are terminated for any reason, then these Terms, including your indemnification obligations, will continue to apply and be binding upon you regarding your prior use of the Site. Any rights or licenses you granted to us under these Terms will survive termination. No amounts previously paid by you will be refunded.
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).
You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to these Terms or the Site (including the purchase of subscriptions via the Site and an Account, and the use of Derivative Works and User Content) (“Claims”) shall be resolved exclusively in the state or federal courts located in Hennepin County, Minnesota. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any Claims. You agree to commence any Claims within one (1) year after the Claim arises.
The foregoing notwithstanding, you and CC Mercy each agree to submit any disputes directly or indirectly arising out of or relating to these Terms or the Site (including the purchase of subscriptions via the Site and an Account, and the use of Derivative Works and User Content) exclusively to final and binding arbitration taking place in Hennepin County, Minnesota. You and CC Mercy each agree to waive the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding. The Federal Arbitration Act applies to these Terms.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to CC Mercy. The arbitration will be conducted under the rules of the American Arbitration Association (AAA), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone or based on written submissions.
The arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Arbitration is not required for the following claims, which may be brought in court: (1) disputes related to intellectual property (like copyrights and trademarks), (2) CC Mercy claims for unauthorized access, use of, or interaction with the Site, (3) any claims you may have that qualify for small claims court, and (4) claims relating to the scope and enforceability of this arbitration provision.
Notices and Procedure for Making Claims of Copyright Infringement
CC Mercy respects the intellectual property of others, and requires that users and visitors to the Site do the same. CC Mercy will process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Notifications of claimed copyright infringement should be sent to CC Mercy’s designated copyright agent. If you believe in good faith that content on the Site infringe your rights under U.S. copyright law, you (or your agent) may send CC Mercy a written notice by mail, e-mail, or fax, requesting that CC Mercy remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to CC Mercy a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, those listed below.
To submit a notice of copyright infringement, please provide CC Mercy the following information. Please be advised that to be effective, your notice must include all of the following:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address and all other information reasonably sufficient to permit CC Mercy to contact you;
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
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 behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
CC Mercy, LLC
P.O. Box 46156
Rockford, MN ______
Attn: Legal Department
(Please include “Notice of Infringement” in the subject line.)
If you would like to report a violation of these Terms or other CC Mercy policies, please contact us at the mailing address or email listed above.
The paragraph headings in these Terms are only for convenience and have no legal effect. No waiver by CC Mercy of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CC Mercy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms are held to be invalid, illegal, unenforceable, or in conflict with the laws of any jurisdiction, such holding shall not in any way affect the enforceability of the remaining provisions.
© 2021 CC Mercy, LLC. All rights reserved.