WEBSITE TERMS OF SERVICE
Revised November 1, 2023
The following terms of service (the “Terms”) govern the use of and interaction with this website (arcwelderstudios.com) (the “Web Site”). Created by Tales of Khayr LLC. (“ToK” or “we” or “us” or “our”), the Web Site presents users with information related to our comic book publishing company. TOK may change these Terms at any time and without notice posting such changes on the Web Site as they arise or become necessary. By using the Web Site, you accept and agree to the Terms as applied to your use of the Web Site. Not agreeing to the Terms prevents any access to or use of the Web Site.
1. Proprietary Rights. TOK solely and exclusively owns all rights, title, and interest in and to the Web Site. This includes, but is not limited to, all content (audio, photographs, illustrations, graphics, visuals, video, copy, text, software, titles, multimedia files, etc.), code, data, programming materials as well as the look, feel, design, organization, and compilation of the content, code, data, and materials on the Web Site. TOK exclusively owns all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and any other intellectual property and proprietary rights in the Web Site. Use of the Web Site shall not grant you ownership of any content, code, data, or materials you may access on the Web Site.
2. Limited License.
3. Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Web Site are registered or soon-to-be registered Trademarks solely owned by TOK or authorized for use by TOK. Trademarks shall not be used in connection with products and/or services that are unrelated to, unassociated with, or otherwise not sponsored by TOK in efforts that could cause customer confusion or in any way disparages or discredits TOK and its operations. All Trademarks not owned by TOK that either appear on the Web Site or through one of the Web Site’s services, if any, are the sole property of their respective registered owners. The Web Site shall not be construed or otherwise thought or understood to construe as granting–either expressly, impliedly, or by estoppel–any license or right to use any of the Trademarks shown on the Web Site without the sole written permission of TOK. Your specific misuse or misuse caused by your inducement of another party of the Trademarks displayed on the Website is strictly prohibited. TOK will aggressively enforce its Trademark rights to the fullest extent permitted by law, including seeking any and all damages in addition to criminal prosecution.
4. Prohibited Use. Any promotional, publishing, distributional, or otherwise commercial use of the Web Site, or any content, data, or materials thereon, is strictly prohibited unless you have received express prior written permission from TOK. You shall not download, post, display, copy, distribute, broadcast, transfer, create derivative works from, modify any of the contents, data, material, and code found on the Web Site for a commercial purpose or otherwise cause another to do any of the antecedent actions without our express prior written permission. You shall not alter, edit, delete, or otherwise change or repurpose the meaning and appearance of any of the content, code, data, or materials on the Web Site or provided through the services the Web Site offers. This includes, but is not limited to, altering or tampering with trademarks, trade names, logos, service marks, or any other proprietary content. Doing so without express prior written permission violates copyright and other United States laws as well as those from other countries and applicable state laws which can subject you to liability for unauthorized use. TOK will aggressively and strictly enforce its intellectual property rights to the fullest extent, including any and all damages in addition to criminal prosecution.
5. Prohibited User Conduct. By using the Web Site and its various services and features, you shall not:
6. Indemnification. You agree to defend, indemnify and hold TOK and its directors, officers, employees, and agents harmless from all claims, liabilities, costs, and expenses including reasonable attorney’s fees, arising in any way from your use of the Web Site, or your breach or violation of any law or these Terms. TOK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise with the complete understanding that all costs incurred will be part of the indemnification owed by you to TOK. You agree in such instance to cooperate fully with TOK’s defense of such claim.
7. Third Party Web Sites. The Web Site may carry live links to third-party websites that provide various services to TOK and its customers. You agree that TOK is not responsible for the information, content, products, services, advertising, code, or other materials provided, transferred, or shown by third-party websites unless they are explicitly TOK products. Links to third-party websites do not constitute an endorsement or sponsorship by TOK to those third-party websites or the information, content, products, advertising, services, or other materials presented thereof. TOK is also not responsible for any webcasting or other form of information transmission received or elicited by any third-party website. Reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
8. Changes to Terms. TOK reserves the right, at any time and at its sole discretion, to change, modify, add, remove, or in any way alter any section of the present Terms, in whole or in part. Such changes to the Terms will be effective when posted. Continued use of the Web Site and/ or its features and services after changes are made will be considered an unequivocal acceptance of those changes.
9. Termination. TOK, at any time and at its sole discretion, may terminate, change, suspend or discontinue any part, service, or feature of the Web Site. TOK may further restrict, suspend or terminate your access to the Web Site and its related services and features if we believe you breached our Terms or any applicable law, or for any other reason without notice or liability. TOK adheres to a strict termination policy related to users who are repeat infringers of intellectual property rights.
10. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, AND CONTENT, IS PROVIDED AND PRESENTED “AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES FOR INFORMATION, DATA, PROCESSING SERVICES, UNINTERRUPTED ACCESS OR CONTENT WARRANTIES INCLUDING, WITHOUT LIMITATION, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, WE DO NOT WARRANT THE WEBSITE OR ITS SERVICES, CONTENT, AND FEATURES WILL BE ERROR-FREE, RUN UNINTERRUPTED, OR RUN FREE OF ANY DEFECTS. NO COMMUNICATION FOUND, POSTED, OR RECREATED ON THE WEBSITE OR ITS SERVICES, FEATURES, AND CONTENT WILL EXPRESS OR BE DEEMED TO EXPRESS AS CREATING ANY WARRANTY WHATSOEVER. TOK SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES CREATED BY VIRUSES THAT INFECT OR MAY INFECT YOUR COMPUTER, EQUIPMENT, OR ANY OTHER PROPERTY DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT OR AUDIO CONTENT FROM THE WEB SITE. THE SOLE REMEDY AVAILABLE FOR ANY DISAPPROVAL OR DISLIKE OF THE WEBSITE IS TO DISCONTINUE USING AND VISITING THE WEBSITE. TOK RESERVES THE RIGHT TO CHANGE OR CORRECT ANY INFORMATION PROVIDED OR POSTED ON THE WEBSITE AT ANY TIME WITHOUT PRIOR WARNING. TOK DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE NOR WILL BE HELD LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING THE INFORMATION PROVIDED ON THE WEBSITE. USING THE WEBSITE DOES NOT, IN ANY WAY, FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH TOK. TOK FULLY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF YOUR USE OF ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, MESSAGES, COMMENTS, OR CONTRIBUTIONS CONTAINED HEREIN. ANY PRODUCTS OR SERVICES ORDERED THROUGH OR PROVIDED BY THE WEBSITE ARE DONE SO “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS. TOK DISCLAIMS AND BY USING THE WEBSITE YOU WAIVE ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE OR FREQUENTLY ASKED QUESTIONS, IF ANY.
11. LIMITATION OF LIABILITY. TOK, OR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, CONTENT, OR SERVICE PROVIDERS (COLLECTIVELY, THE “REPRESENTATIVES”) SHALL NOT BE HELD LIABLE, IN ANY CAPACITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE WEB SITE OR ANY OF ITS SERVICES, FEATURES AND/OR CONTENT. FURTHERMORE, TOK OR ANY OF ITS REPRESENTATIVES SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING FROM YOUR PROVISION OF INFORMATION OR ANY LOST BUSINESS, EVEN IF SUCH REPRESENTATIVES WERE PREVIOUSLY ADVISED THIS POSSIBILITY EXISTED. FOR USERS IN JURISDICTIONS WHERE SUCH LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARE NOT ALLOWED, THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY. NEVERTHELESS, TOK OR ANY OF ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT OR COMMUNICATION FOUND, POSTED, TRANSMITTED, RECREATED, OR IN ANY WAY MADE KNOWN THROUGH OR RECEIVED BY ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY LIABILITY BY TOK OR ITS REPRESENTATIVES ARISING FROM THESE TERMS OR YOUR USE OF THE WEBSITE, THEN THE TOTAL AGGREGATE LIABILITY FOR TOK AND ITS REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT OR NEGLIGENCE SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO TOK FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
12. Applicable Laws. TOK controls and operates the Web Site from our offices in the State of Washington, United States of America. TOK further makes no representation that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a jury trial.
13. Forum. The present Terms, and the relationship between TOK and Web Site users, shall be governed by the laws of the State of Washington, United States of America, without regard to any conflict of law provisions. All causes of action arising under these Terms shall commence and be heard in the appropriate court in Seattle, Washington, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located in Seattle, Washington, United States of America. Any failure to exercise or enforce any right or provision of these Terms by TOK shall not constitute a waiver of such right or provisions. If any provisions of the Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless will agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
TALES of KHAYR
PRIVACY POLICY
TOK Digital Publishing LLC (together with its subsidiaries, "TOK" or "we") considers the protection of personal privacy to be one of our most important values. This privacy policy ("Policy") gives you specific information on how we protect your privacy, how we treat personal information, and the choices you have.
This Policy applies to all websites and services owned or provided by TOK and its subsidiaries, which we refer to here collectively as "TOK Sites". TOK Sites include, but are not limited to, https://talesofkhayr.com/ , as well as other TOK-branded services. From time to time we may add new sites, domain names, or services to those listed above. Please note that this Policy applies only to sites owned and services maintained by TOK or its corporate subsidiaries and not to websites or services provided by other companies or organizations to which we link.
As a condition of using the TOK Sites, you agree to be bound by the terms of this Policy. Additional terms and conditions which govern your use of the TOK Sites are contained in our Terms of Service, and, as applicable, in certain other service-specific license agreements or terms of use, which you will be notified of at the time of your registration for the applicable services.
You acknowledge that this Policy may change over time. We reserve the right, in our sole discretion, to revise this Policy at any time. If we decide to change our Policy, we will post the revised policy on the TOK Sites. Any changes are effective immediately upon posting to the TOK Sites. As we may make changes at any time without notifying you, we suggest that you periodically consult this Policy. Please note that our rights to use your personally identifiable information will be based on the privacy policy in effect at the time the information is collected. Your continued use of the TOK Sites constitutes your agreement to all such terms and conditions of the Policy.
We refer to information that identifies an individual as "Personal Information." In general, TOK may collect Personal Information from users of the TOK Sites in connection with access to certain online areas or services, including during
Your Personal Information is stored on TOK computer servers (or those of its service providers) located in the United States.
We may gather navigational, clickstream data that indicates the areas of the TOK Sites you visit or access. This navigational data does not identify you as an individual user (i.e., based on your PII). We may enter into agreements with outside companies that possess the technology that allows TOK to customize the advertising and marketing messages you receive on the TOK Sites. Your non-PII and click stream data about your activities on the TOK Sites may be shared with these companies so this customization can be accomplished. These companies have agreed not to share your information with any third party or use it for any other purpose. Anonymous click stream and demographic information may also be shared with TOK's advertisers and business partners. We also use and share navigational data in the aggregate, non-personal form to understand how our Users as a group use the TOK Sites.
Below are more details about the Personal Information we, or third parties, may gather from you and how we may use it.
Email Updates to Members. If you so elect at registration, we may periodically send you promotional emails about products or services offered by the TOK Sites, our partners, and advertisers. If you want to update your email address or stop receiving these types of promotional emails, please follow the procedures to unsubscribe at the bottom of any email we send you.
We may contact you regarding account status, changes to this Policy, our User Agreement, or other terms of use, to confirm your registration or for any other business reason related to your use of TOK Sites.Use of Cookies. On the Internet, a "cookie" is a piece of information (a file) that a Web site transfers to a user's computer for record-keeping purposes. The use of cookies is common on the Internet. The process we use to serve advertisements and to track the use of the TOK Sites involves cookies. We use cookies to recognize users who have already registered for an TOK Site, allowing those users to speed up their future activities on the TOK Sites. Cookies help TOK and our advertising service (discussed below) track the frequency and placement of advertisements. Cookies also enable us to measure aggregate (total) usage and traffic to the TOK Sites and to specific offerings. This aids us in producing content that best meets our users' preferences. To implement new services, we may use other types of cookies as well. We also may use cookies to understand better what parts of the TOK Sites you like best. We may use that information to display advertisements that we think will be of particular interest to you. You may configure your browser to reject cookies, but this may interfere with some functionality of the TOK Sites. To find out more about changing your browser to reject cookies, we suggest the EPIC Cookies Page www.epic.org/privacy/internet/cookies. Certain pages of the TOK Sites may contain electronic images (called a "single-pixel GIF" or "web beacon") that allow a website to count users who have visited that page. TOK occasionally uses web beacons on the TOK Sites to count users and to recognize registered users by accessing the TOK cookies.
Software Updates; Interactive Material. TOK automatically updates software used in conjunction with certain of the services available on the TOK Sites. To update this software, TOK collects a user's current version information from the user's computer. This information is not archived and is only used to determine which software requires updating. TOK may record audio conversations or copy text chat or video images from chat rooms on the TOK Sites and may disclose such material for use in connection with promoting the TOK Sites.
Sites You Visit. As you access our Partner Sites and browse around the TOK Sites, TOK may store information about which pages and which Partner Sites you visit and other information presented in your browser's URL address line. TOK will use this information to help determine what our users are most interested in.
Sharing Non-Personal Information. TOK may share information that is not Personal Information -- meaning non-personal, aggregate, or summary, information regarding our users -- with other third parties not mentioned in this Policy. This kind of information does not identify you individually.
Future Business Transactions. As we continue to develop our business, we might sell certain of our assets. In such transactions, user information, including personally identifiable information, Personal Information, generally is one of the transferred business assets. By submitting your personal information on one of the TOK Sites, you agree that in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by TOK, TOK may transfer your Personal Information to a third party as a part of such merger, acquisition, reorganization, sale, or other future business transaction.
Legal Authorities. We may also disclose Personal Information in cases when we reasonably believe that it is necessary to identify someone who may be violating TOK policies or TOK Sites" User Agreements or other terms of use, or who may be a threat to TOK or third party rights, property, or personal safety. The TOK Sites may disclose Personal Information to comply with valid legal processes such as a duly issued search warrant, subpoena, or court order.
Your Personal Information is stored on TOK computer servers (or those of its service providers) located in the United States. We protect your Personal Information with technical, administrative, and physical safeguards to protect against the loss, unauthorized access, destruction, misuse, modification, and improper disclosure. No computer system or information can ever be fully protected against every possible hazard. But TOK is committed to providing reasonable and appropriate security controls to protect our TOK Sites and all Personal Information against foreseeable hazards.
Notwithstanding these security measures, please be aware that when you submit Personal Information to the TOK Sites over the Internet, the information may travel over many systems that are not under TOK's control. We take the protection of user data very seriously and to that end take reasonable safeguards to prevent interception of any Personal Information. In the case of shopping pages, for example, the credit card information you submit is protected by secure servers.
If you have any other questions, comments, or complaints about this Policy, write to us at: wesam@powerpersuasion.net .
When you register or enter one of the TOK Site, you may opt out of receiving future e-mail communications from us. You may change your e-mail preferences at any time by emailing us at wesam@powerpersuasion.net . Below are specific instructions to unsubscribe from newsletters, e-mail updates and special offers, and other services.
Email updates and special offers: You may unsubscribe to email announcements by following the instructions at the bottom of each email.
You may unsubscribe to any service for which you have previously elected by following the instructions included in the TOK User Agreement.