Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SphereWerx, LLC (dba Fourth Castle Micromedia). The collective work includes works that are licensed to SphereWerx, LLC (dba Fourth Castle Micromedia). Copyright 2011, SphereWerx, LLC (dba Fourth Castle Micromedia) ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with FearWerx.com, operated by SphereWerx, LLC (dba Fourth Castle Micromedia) or purchasing SphereWerx, LLC (dba Fourth Castle Micromedia) products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with FearWerx.com, operated by SphereWerx, LLC (dba Fourth Castle Micromedia) or to purchase SphereWerx, LLC (dba Fourth Castle Micromedia) products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SphereWerx, LLC (dba Fourth Castle Micromedia). You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of SphereWerx, LLC (dba Fourth Castle Micromedia) used in the site are trademarks or registered trademarks of SphereWerx, LLC (dba Fourth Castle Micromedia), except for individual third party brands and/or products being sold and noted within.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SphereWerx, LLC (dba Fourth Castle Micromedia) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SphereWerx, LLC (dba Fourth Castle Micromedia) does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SphereWerx, LLC (dba Fourth Castle Micromedia) does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
SphereWerx, LLC (dba Fourth Castle Micromedia) shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SphereWerx, LLC (dba Fourth Castle Micromedia) has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a SphereWerx, LLC (dba Fourth Castle Micromedia) product, or any other product listed for that matter, is mistakenly listed at an incorrect price, SphereWerx, LLC (dba Fourth Castle Micromedia) reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SphereWerx, LLC (dba Fourth Castle Micromedia) reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SphereWerx, LLC (dba Fourth Castle Micromedia) shall issue a credit to your credit card account in the amount of the incorrect price.

Electronic Communication
SphereWerx, LLC (dba Fourth Castle Micromedia) reserves the right to use any contact information provided by you anywhere on this site for the purpose of providing marketing and promotional messages.  You have the ability to unsubscribe or opt-out of said communication by using any of those options provided within said communications.  SphereWerx, LLC (dba Fourth Castle Micromedia) will not sell or transfer said contact information to any third-parties.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SphereWerx, LLC (dba Fourth Castle Micromedia)without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
SphereWerx, LLC (dba Fourth Castle Micromedia) may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SphereWerx, LLC (dba Fourth Castle Micromedia).


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SphereWerx, LLC (dba Fourth Castle Micromedia) products) shall be in the state or federal courts located in Queens, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SphereWerx, LLC (dba Fourth Castle Micromedia) products) must be commenced within one (1) year after the claim or cause of action arises. SphereWerx, LLC (dba Fourth Castle Micromedia)'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SphereWerx, LLC (dba Fourth Castle Micromedia) may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SphereWerx, LLC (dba Fourth Castle Micromedia) or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
SphereWerx, LLC (dba Fourth Castle Micromedia) does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SphereWerx, LLC (dba Fourth Castle Micromedia) is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SphereWerx, LLC (dba Fourth Castle Micromedia) reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SphereWerx, LLC (dba Fourth Castle Micromedia) in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless SphereWerx, LLC (dba Fourth Castle Micromedia), its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, SphereWerx, LLC (dba Fourth Castle Micromedia) may link to sites operated by third parties. However, even if the third party is affiliated with SphereWerx, LLC (dba Fourth Castle Micromedia), SphereWerx, LLC (dba Fourth Castle Micromedia) has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SphereWerx, LLC (dba Fourth Castle Micromedia). These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SphereWerx, LLC (dba Fourth Castle Micromedia) seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).