Registration on or use of this site constitutes acceptance of our User Agreement and Privacy Policy. The material on this site may not be reproduced, distributed, transmitted, cached, or otherwise used, except with the prior written permission of RedVisitor.
REDVISITOR PHOTO CONTEST - RULES
February 2011 The competition begins 12:01 PM CET on February 14, 2011 and ends at 5.00PM CET on March 11, 2011. Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or server incompatibility at RedVisitor or elsewhere, will not be eligible. RedVisitor reserves the right to disqualify any person suspected of tampering with the entry process, the operation of the application, or otherwise in violation of the rules. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of RedVisitor. RedVisitor further reserves the right to cancel, terminate, or modify any promotion not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. By submitting an entry to this competition, participants agree that they are the rightful owner of the submitted materials and hold the appropriate copyrights for each submitted photo.
On 14 March, 2011, one (1) winner will be selected by the RedVisitor judging panel drawing among all competition entrants received by 05:00PM on March 11, 2011. The winner will be notified by e-mail and the results of the competition will also be announced on RedVisitor's Facebook profile. If any potential winner selected cannot be contacted, or does not respond within five (5) days, or the prize or prize notification is returned as undeliverable, such potential winner shall forfeit any and all rights to a prize and, at discretion of RedVisitor, an alternate potential winner may be selected. All decisions of the judges are final and binding in all respects. The prize for the winner is a new Apple iPad to be purchased in the most appropriate country based upon the winner’s city of residence. The prize is not transferable and may not be purchased, sold, bartered or otherwise exchanged for value without the prior written permission of RedVisitor. Prize winner may not be a minor.
Competition entrants must be 18 years of age or older as of the date of entry. Employees of RedVisitor are not eligible. Subject to all federal, state, and local laws and regulations. Any violation of these rules may result in disqualification. RedVisitor is not responsible for errors in the administration or fulfillment of this competition including, without limitation, mechanical, human, printing, distribution or production errors, and may modify or cancel this promotion based upon such an error at their sole discretion, and without liability.
Competition entrants may submit up to three photos to be judged during the competition period. The prize is not transferable. All entries become the property of RedVisitor and will not be acknowledged or returned. By providing your e-mail address, you grant RedVisitor the right to send you commercial messages. Except where prohibited: (i) acceptance of prize constitutes consent to use winners’ names and likeness for editorial, advertising and publicity purposes, without further compensation; (ii) winners may be required to sign an affidavit of eligibility. If required, affidavits and releases must be returned within fourteen (14) days of attempted notification or an alternate winner may be chosen. All competition entries will be posted on RedVisitor’s Facebook page for the duration of the competition period, and will be subject to voting and interaction of RedVisitor’s Facebook community as relevant.
* * TERMS AND CONDITIONS
GENERAL COMPETITION TERMS
By entering this competition, you agree that the internal laws of the Department of Isle de France, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and RedVisitor or its affiliates. You hereby agree that any dispute arising from or relating to this competition, if not amicably resolved, be resolved only through binding arbitration between you and RedVisitor under the commercial rules of the relevant local arbitration association. This arbitration, which shall be conducted in Paris before neutral arbitrators, shall not involve other individuals who have entered this competition, be combined with separate arbitrations involving other users, or proceed as any type or form of class action in which the claims of similarly-situated users are pursued together. Entering this competition is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. RedVisitor reserves the right to comply with law enforcement requests or requirements relating to your entering of this competition or information provided to or gathered by the RedVisitor with respect to your entering this competition. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RedVisitor as a result of this agreement or your entering this competition.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this agreement shall continue in effect. This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company and its affiliates with respect to this competition and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and RedVisitor. with respect to this application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Modification of These Terms and Conditions
RedVisitor reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your entering this competition.
TERMINATION
We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of the our website and/or service at any time and for any or no reason, with or without prior notice, and without liability.
COPYRIGHT & TRADEMARK NOTICES
All contents of this competition are copyrighted by RedVisitor.
RedVisitor © 2011. All rights reserved.
GENERAL WEBSITE PRIVACY POLICY
The following Privacy Policy summarizes the various ways that RedVisitor ("Service Provider," "we" or "our") treats the information you provide while using www.redvisitor.com ("Website"). It is our goal to bring you information that is tailored to your individual needs and, at the same time, protect your privacy.
Please read this Privacy Policy carefully. Your use of and/or registration on any aspect of the Website will constitute your agreement to this Privacy Policy. If you cannot agree with the terms and conditions of this Privacy Policy, please do not use the Website. This Privacy Policy does not cover information collected elsewhere, including without limitation offline and on sites linked to from the Website.
In addition to reviewing this Privacy Policy, please read our User Agreement. Your use of the Website constitutes agreement to its terms and conditions as well.
This Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Privacy Policy.
I. THE TYPE OF INFORMATION THE WEBSITE COLLECTS
The Website generally collects personally identifying information with your specific knowledge and consent. For instance, when you enter a sweepstakes or contest, complete a survey, subscribe to our publication(s), or register for any portion of our services, you are asked to provide information such as your e-mail address, name or phone number. Optional information such as your age or gender may also be requested.
Our servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your Internet Protocol ("IP") address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.
II. HOW THE WEBSITE USES INFORMATION PROVIDED BY YOU
Service Provider uses personally identifying information you supply through the Website to provide you with the service you have requested. For example, if you subscribe to any of our publications, we may use your e-mail address to send you a confirmation notice and your mailing address to send you the publication. Similarly, if you enter an online sweepstakes, we will use this information to notify you if you are a winner. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs.
Unless otherwise specified on the Website, Service Provider may sell or share personally identifying information with our affiliates and with carefully selected companies who we think can offer you services and products of interest to you. If you do not wish to receive future commercial communications from us by e-mail, simply follow the unsubscribe instructions contained within the e-mail. If you've registered on any part of the Website, please use the mechanism on the Website that allows you to change or update your member preferences or information, if available, to keep all such date accurate and up-to-date.
We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums and job search software, but only for the purpose of and to the extent necessary to provide those services. And if you choose to purchase items through features on the Website, we may forward your information to third parties for services such as credit card processing and order fulfillment. There are also times when you provide information about yourself to us in areas of the site that may be managed or participated in by third parties, such as auction services or shopping areas. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While Service Provider will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, Service Provider does not bear any responsibility for any actions or policies of third parties. We may also provide access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process.
In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer our Website.
While your personally identifying information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.
In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by Service Provider, its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.
III. COOKIES
You may have read about "cookies," nuggets of information that are placed by a Website in a storage place on your own computer. We may use cookies to control the display of ads, to track usage patterns on the site, to deliver editorial content, and to record registration and personalization information. For example, if you register on any part of the Website and are given the option to save your user name and password on your computer, we can provide this convenience to you by placing a cookie on your computer. Our cookies may contain personally identifiable information and such cookies may be shared with our affiliates and other companies.
Some of our advertisers occasionally serve you cookies as well. We do not have control over cookies placed by advertisers.
We may also use advertising service vendors to help present advertisements on the Website. These vendors may use cookies, web beacons, or similar technologies to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, these vendors may collect non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these advertising service vendors is subject to their own privacy policies, not ours, and Service Provider disclaims all liability in connection therewith.
If you don't want any cookies, your Web browser likely includes an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of the Website may not function properly.
IV. INFORMATION SECURITY AND NOTIFICATION
Because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, Service Provider can not guarantee the security of the information you send to us or the security of our servers or databases, and by using the Website you agree to assume all risk in connection with the information sent to us or collected by us when you use the Website. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail (provided we have your e-mail address).
V. KIDS AND PARENTS
This Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this site.
If your children disclose information about themselves in publicly accessible areas of the Website, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.
USER AGREEMENT
The following User Agreement ("Agreement") governs the use of RedVisitor.com ("Website"), including without limitation participation in its bulletin boards, forums, personal ads, chats, and all other areas (except to the extent stated otherwise on a specific page) as provided by RedVisitor ("Service Provider," "we," or "our").
Please read the rules contained in this Agreement carefully. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Website.
In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Website constitutes agreement to its terms and conditions as well.
The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider's other remedies.
I. MONITORING
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Website, including in the bulletin boards, forums, personal ads, and chats, to foster compliance with this Agreement. All users of the Website hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.
II. Registration and Account Creation
1. REGISTRATION INFORMATION:
Service Provider may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available. Otherwise, contact our Privacy Policy Coordinator as described in our Privacy Policy.
2. USE OF USER ID/PASSWORD:
1. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
2. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
3. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify our Privacy Policy Coordinator as described in our Privacy Policy.
3. FEES AND PAYMENTS:
1. Service Provider or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
2. If you submit your credit, debit or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
III. Rules of Usage:
1. USE OF THE WEBSITE BY YOU:
1. The Website is not intended for users under the age of 13, and Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
2. Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
3. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
4. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.
5. You further agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not "cyber" or solicit another to "cyber" (participate in virtual sex) on or through the Website.
6. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
7. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
8. The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.
9. The Website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Service Provider or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the Website, and advertising thereon ("Website Content"). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Service Provider or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
10. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Website.
11. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website.
12. Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
13. You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
2. COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
3. USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of information about you that you may supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy or in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.
4. COPYRIGHT COMPLAINTS:
1. Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
For communications on other matters, please contact Service Provider as described on the Website, or e-mail feedback@redvisitor.com.
5. MERCHANDISE SOLD ON OR THROUGH THE WEBSITE:
Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through the Website. Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the Website, including illegal, offensive or illicit items, even items that violate this Agreement.
6. INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.
7. EDITING AND DELETIONS:
Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.
8. ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Such additional rules will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional rules.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
10. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE:
Service Provider has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
11. JURISDICTION:
Service Provider makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in New York. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
12. AUCTIONS:
We may at times offer auctions on the Website; should we do so, we may use third-party service provider(s) to administer the auctions. If so, you must agree to such third party's user agreements, contracts and rules pertaining to the use of its service. Neither Service Provider nor its auction service provider(s) have any control or assume responsibility for the quality, safety or legality of the items advertised. We provide a venue to bring buyers and sellers together over the Internet. If you participate in auctions on the Website, please note that Service Provider does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the auction services.
13. ASSOCIATED PRESS:
The following provision applies to all visitors to the Website (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content). By accessing this Website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
14. MOBILE TERMS AND CONDITIONS:
The following terms and conditions govern your use of Mobile Programs offered by this Website, so please read them carefully. Your use of any aspect of the Program will constitute your agreement to comply with these terms and conditions.
If you cannot agree with these terms and conditions, please do not use the Program. These terms and conditions may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to these terms and conditions.
Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies. We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.
1. Your carrier's standard messaging rates apply to all mobile text messages you initiate from our website to your cell phone. All charges are billed by and payable to your mobile service provider.
2. You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
3. You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You shall provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Program.
4. You agree not to modify the format or branding of the content provided in the Program ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this Agreement.
5. We provide the Program "as is" and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
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