END USER LICENSE AGREEMENT (“EULA”)
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Standard Terms & Conditions
Last updated: October 10, 2009
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY.
This agreement governs your use of the FloridaSkunkApe.com Web Site (FloridaSkunkApe.com is referred to herein as “FSA”).
The Service is only offered to United States and Canadian residents who are 18 years of age and over. If you do not meet these requirements or do not agree to the terms of this Agreement you are not authorized to use this Web Site. You may not modify the terms and conditions of this Agreement. FSA reserves the right, at its discretion, to change or modify the terms and conditions of this Agreement at any time in its sole discretion. You should check http://www.FloridaSkunkApe.com (the “Home Page”) regularly to determine if any changes and or updates have been made to this Agreement. You agree that your continued use of any part of the Web Site following the posting of changes to the terms and conditions of this Agreement (including all rules, policies and guidelines incorporated herein) indicates your acceptance of those changes.
1. License Grant.
Subject to the your compliance with terms and conditions of this Agreement, FSA grants to you a non-exclusive, non-transferable, revocable, limited license, to use this Web Site, and may modify the Web Site at any time, or modify, suspend or terminate any license hereunder at any time and for any reason.
You acknowledge that the Web Site is the property of FSA or its licensors, and is protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including without limitation, moral or similar rights. All rights not expressly granted hereunder are expressly reserved to FSA and FSA’s licensors.
3. Third Party Content; No Endorsement.
You understand that all third party content, including, without limitation all Sponsor offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through this Web Site (“Content”), whether publicly available or privately transmitted, is the sole responsibility of the third party which created such Content. FSA has no responsibility for and does not endorse or control such Content. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will FSA or its licensors be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Service. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Service, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.
In addition, all Content made available or accessed through the use of this Web Site is the property of the applicable Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.
Except where FSA specifically requests comments or submissions, FSA does not accept or consider creative ideas, suggestions, or materials other than those it has specifically solicited for consideration. This policy is designed to avoid misunderstandings or claims of infringement should third parties claim an ownership interest in projects developed by FSA professional staff. Accordingly, FSA requests that your comments relate to those services and products currently offered by FSA, and that you not submit any ideas, suggestions, or materials for future promotions or offerings except where specifically requested or solicited by FSA. If an unsolicited submission is received from you by FSA, you agree that (a) it may be utilized by FSA free of any claim of title or ownership interest, (b) you waive your right to assert any ownership right of any kind in the unsolicited submission against FSA (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), (c) you hereby grant FSA a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered, and (d) you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, attribution or other credit. You release FSA (and subsidiaries and affiliates and its or their officers, directors, agents, joint venturers and employees) in all respects from claims, demands, losses and other actual or consequential damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement for FSA.
5. Registration Information and Email Newsletter. If you register to use this Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it accurate. In addition to and without limiting in any way the general ability to terminate set forth elsewhere herein, if you provide any information determined by FSA in its sole discretion, that is untrue, inaccurate, incomplete, misleading or designed to deceive, or FSA in its sole discretion may have grounds to suspect that such is the case, FSA has the right to immediately suspend or terminate your account, either with or without notice to you, and refuse any and all current or future use of this Web Site (or any portion thereof) and/or any benefit that you may be entitled through your use of this Web Site. You also agree that you are entirely responsible for any and all activities which occur under your account. In addition, when you register for this Web Site, you agree to receive an email newsletter that may contain FSA and/or Sponsor offers. You may opt-out of receiving this email newsletter at any time by following the opt-out instructions provided in the email newsletter.
6. Third Party Offers.
7. Official Giveaway Rules.
You agree to be bound by the relevant for any offer you elect to participate in.
8. Official Sweepstakes Rules.
You agree to be bound by the relevant Rules for the giveaway you elect to participate in.
You agree to immediately notify FSA of any unauthorized use of your account or any other breach of security known to you. Furthermore, as noted above you are entirely responsible for any and all activities which occur through your account. You agree to indemnify, defend and hold harmless FSA, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of this Web Site, your violation of the terms of this Agreement or your infringement, or the infringement by any other user through your account, of any Intellectual Property Right or other right of any person or entity.
10. DISCLAIMER OF WARRANTY
YOUR ACCESS AND USE OF THIS WEB SITE AND ANY CONTENT IS AT YOUR SOLE RISK. FSA PROVIDES THIS WEB SITE AND THE CONTENT ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. FSA MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY SPONSORS OR THIRD PARTIES ACCESSIBLE ON OR THROUGH THE SERVICE OR THE CONTENT. NEITHER FSA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A “PROVIDER”) MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THIS WEB SITE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THIS WEB SITE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THIS WEB SITE WILL BE CORRECTED. FSA ALSO DOES NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THIS WEB SITE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
We may terminate this Agreement, suspend or terminate your account, or cease offering the Service, at any time and for any reason in our sole discretion.
12. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL FSA, OR AFFILIATES OR THEIR OFFICERS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A “PROTECTED PARTY”, COLLECTIVELY “PROTECTED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL PROTECTED PARTIES’ MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FSA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13. Applicable Law
14. Successor Agreements
FSA reserves the right, at its sole discretion, to change or modify the terms and conditions of this Agreement at any time. You should check FSA the “Home Page” regularly to determine if any changes or updates have been made to this Agreement. We will prominently post material changes on the Home Page. You agree that your continued use of any part of this Web Site following the posting of changes to the terms and conditions of this Agreement (including all rules, policies and guidelines incorporated herein) will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, do not access or use this Web Site.