We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue any of the Sites and/or Products, with or without notice; charge fees in connection with the use of the Sites and/or Products; modify and/or waive any fees charged in connection with the Sites and/or Products; and/or offer opportunities to some or all users of the Sites and/or Products. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of any of the Sites and/or Products, in whole or in part, or of any service, content or feature offered through the Sites. Your continued use of a Site after such changes have occurred will indicate Your acceptance of such changes.
The Products and/or materials accessible on or through the Sites, including, without limitation, text, images, photographs, graphics, and the general design of the Sites (collectively, “Materials”) are protected by trade dress, copyright, patent, moral rights, trademark and other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by Us and Our licensors. Subject to Your compliance with the terms and conditions of this Agreement, and solely for as long as You are expressly permitted by Us to access the Sites, we grant you permission to use the Sites, Products and Materials, provided that: (a) your use is solely for Your personal, non-commercial use; (b) You will not copy or distribute any part of the Sites, Products and/or Materials in any medium without Our prior written consent; and (c) you will not alter or modify any part of the Sites, Products and/or Materials other than as may be reasonably necessary to use the Sites, Products and/or Materials for their intended purpose. You hereby acknowledge and agree that, as between You and Us, We own all right, title and interest in and to the Sites, Products and Materials, and that all rights in and to the Sites, Products and Materials not expressly granted in this Agreement are reserved by Us and no additional licenses are granted or implied hereunder.
The trade names, trademarks and service marks owned by Us, whether registered or unregistered, may not be used in connection with any product or service that is not Ours, or in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Our trade names, trademarks or service marks without Our express prior written consent. Those trade names, trademarks and service marks that appear on the Sites, Products and/or Materials and that are not owned by Us, are the property of their respective owners.
The Sites and Products may enable you to generate content, including, without limitation text, data, photos, graphics, video, music, sound, files or other materials (collectively, “User Generated Content”). You hereby grant Us and our designees a non-exclusive, transferable, sub-licensable, worldwide, perpetual, royalty-free, irrevocable right and license without compensation to You (a) to use, reproduce, distribute, adapt, create derivative works of, transmit, publicly display, publicly perform and digitally perform such User Generated Content in any manner whatsoever in any media now known or hereafter devised, for Our business purposes, and (b) to sublicense the foregoing rights to the maximum extent permitted by applicable law. You represent and warrant that You have the right to grant the license of Your User Generated Content granted in this section, and that such User Generated Content, and Your provision thereof to and through a Site, complies with all applicable laws, rules and regulations. No User Generated Content shall be subject to any obligation of confidentiality of Us and We shall not be liable for use or disclosure of any User Generated Content. You are still the owner of Your User Generated Content and are still free to use Your User Generated Content in any manner. We have no obligation to monitor or enforce any intellectual property rights that may be associated with Your User Generated Content, however, You grant Us the right to enforce such rights through any means We see fit, including bringing and controlling actions on Your behalf. For the avoidance of doubt, We do not endorse any User Generated Content, and We make no representations or warranties regarding any User Generated Content. You acknowledge and agree that You will solely be responsible for any risks related to Your use of any User Generated Content. You shall be solely responsible for Your own User Generated Content and the consequences of posting or publishing them. We have no obligation to accept, display, review, monitor, or maintain any User Generated Content and reserve the right to delete any User Generated Content from the Sites and Products without notice for any reason at any time. You acknowledge that You do not rely on Us to monitor or edit the Sites and/or Products and that the Sites and/or Products may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
Certain Sites may include third party software applications, games, widgets, wallpapers, screensavers, buddy icons, and services (or links to such materials and services) that are made available by third party providers (collectively, “Third Party Products”). Because We do not control Third Party Products, You agree that We and our subsidiaries, affiliates, and related entities, and their respective officers, directors, employees, agents, successors, licensees, distributors, and assigns are not responsible or liable for any Third Party Products, including the performance, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Products, or the results of their use. We have no obligation to monitor Third Party Products, and We may remove or restrict access to any Third Party Products (in whole or part) from the Sites at any time. The availability of Third Party Products on any of the Sites does not imply Our endorsement of, or Our affiliation with any provider of, such Third Party Products. Further, Your use of Third Party Products may be governed by additional terms and conditions that are not set forth in this Agreement (for example, terms and conditions that are made available by the providers of such Third Party Products).4. Links To Third Party Sites.
We may provide links from or to other websites maintained by third parties (e.g., Facebook, Twitter and Instagram) (collectively, “Third Party Sites”). We have not reviewed or endorsed these Third Party Sites, and You hereby acknowledge and agree that We shall not be responsible for the content, products or services offered on such Third Party Sites. To the extent applicable, You are responsible for compliance with all applicable laws regarding content, products or services obtained from the Sites or any linked Third Party Sites. You acknowledge and agree that We do not endorse or control such Third Party Sites, and We shall not be responsible or liable for any links from those Third Party Sites, any content, products or other materials available on or through such Third Party Sites, or any loss or damages incurred in connection with such content, products, materials on Third Party Sites. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTY SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY SITES AND RESOURCES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS OF USE. Certain Third Party Sites may provide links to the Sites with or without Our authorization. We do not endorse any such Third Party Sites, and are not and shall not be responsible or liable for any links from any such Third Party Site to any Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such Third Party Site. We shall have the right, at any time and in Our sole discretion, to block links to any Third Party Site through technological or other means without prior notice.
If You violate any of the guidelines set forth above, or any other aspect of this Agreement, without limiting Our other rights and remedies, We may immediately suspend or terminate this Agreement and/or Your limited right to enter, display and use any or all of the Sites and/or use any Products, without giving You any notice. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You are solely responsible for any violation of laws, rules or regulations that results from Your failure to abide by the terms of this Agreement.
YOU USE THE SITES AND PRODUCTS AT YOUR OWN RISK. WE ARE PROVIDING THE SITES AND PRODUCTS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITES AND PRODUCTS WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. THE SITES AND PRODUCTS MAY CONTAIN INACCURATE, INCOMPLETE, OR OUT-OF-DATE INFORMATION. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITES, ANY PRODUCTS OR MATERIALS, IN WHOLE OR IN PART, WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITES, PRODUCTS OR ANY MATERIALS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, PRODUCTS AND/OR MATERIALS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SITES, THE PRODUCTS AND/OR THE MATERIALS, EXCEED THE AMOUNT YOU HAVE PAID TO US (IF ANY) IN THE THIRTY DAYS IMMEDIATELY PRECEEDING THE DATE ON WHICH YOUR CLAIM AROSE.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THE SITES AND/OR WHILE USING THE PRODUCTS AND AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES AND COSTS AND CLAIMS FOR INTEREST) THAT THEY MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY OF THE SITES, PRODUCTS AND/OR MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
The laws of the State of California, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any use of the Sites, Products and/or Materials. You and We hereby expressly and irrevocably consent to the exclusive personal jurisdiction and venue of Los Angeles County, California for any claim arising out of, related to, or in connection with this Agreement, the Sites, the Products and/or the Materials.
The Sites and Products are controlled and operated by Us from the United States, and are not intended to subject Us to the laws or jurisdiction of any state, country or territory other than those of the United States. We do not represent or warrant that the Sites, Products or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Sites or use the Products do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. We may limit the Sites’ and/or Products’ availability, in whole or in part, to any person, geographic area or jurisdiction We choose, at any time and in Our sole discretion.
This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, We shall add as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provisions as may be possible to be valid and enforceable.
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to our exploitation of any of our projects or content. Your exclusive remedy in connection therewith shall be an action for damages.
You and Us are independent contractors and are not and shall not be deemed to be the legal representative or agent of the other for any purpose whatsoever, and neither You nor We are authorized by the other to transact business, incur obligations (either express or implied), bill goods, or otherwise act in any manner, in the name or on behalf of the other, or to make any representation, warranty, guarantee or other promise in the name or on behalf of the other, except as expressly permitted in this Agreement.
This Agreement constitutes the entire agreement by and between You and Us pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of You and Us. This Agreement may not be amended, nor any obligation waived, other than expressly in writing by Us. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof.
This Agreement can be terminated at any time by Us for any or no reason whatsoever with or without prior notice to You. In the event that We terminate this Agreement, Your limited rights hereunder, including to enter, display and use the Sites, Products and/or Materials, shall immediately terminate, and We may immediately deactivate or delete Your password and user name (if any), and all related information and files associated with them, and/or bar any further access to such information or files. You agree that We shall not be liable to You or any third party for any termination of Your access to the Sites or Products or to any information or files, and shall not be required to make such information or files available to You after any such termination. Sections 7, 8 and 9 shall survive any expiration or termination hereof.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available on a Site infringe Your copyright, You (or Your agent) may send Us a notice requesting that We remove the 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 Us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Big Jumbo Media LLC, 12615 Beatrice Street, Los Angeles, CA 90066, Attention: Legal, email: firstname.lastname@example.org . We suggest that You consult Your legal advisor before filing a notice or counter-notice.