Effective Date: November 15, 2010
These Terms apply to the web site www.SHAZOOT.com, which is owned and operated by Galaxy Partners Corporation ("Company" or "we," "our," or "us"). These Terms apply whether you access or use the web site via personal computer, mobile device or otherwise and to any interactive features or downloads that are owned or operated by Company and that are available through the web site or that interact with the web site and post these Terms (collectively, the "Web Site"). These Terms govern your use of the Web Site. These Terms do not apply to any other web site or any offline activities by Company (unless specifically stated). You agree to these Terms by accessing or using the Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEB SITE.
In some instances, both these Terms and a separate terms of service or sale document setting forth additional or different terms and/or conditions may apply to your use of the Web Site or to a service or product offered via the Web Site (in each instance, and collectively, "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Table of Contents
1. Web Site Content and Intellectual Property Ownership
2. Account Registration
3. Content You Submit
4. Rules for User Forums
5. Your Interactions With Other Users; Disputes
6. Copyrights and Other Intellectual Property and Related Complaints
7. Viral Distribution
8. Sweepstakes, Contests and Promotions
9. Third Party Links and Content
10. Linking Policy
11. Disclaimer of Warranties
12. Disclaimers/Limitation of Liability
14. Governing Law, Jurisdiction and Limitations on Actions
15. General Provisions
16. Updates to Terms
1. Web Site Content and Intellectual Property Ownership.
A. Content. The Web Site contains various: (i) materials and other items relating to Company and its products and services, including, without limitation, all layout, information, text, data, files, images, designs, graphics, activities, characters, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, animation, URLs, technology, software, interactive features, the “look and feel” of the Web Site, and the compilation, assembly, and arrangement of the materials of the Web Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively, "Content").
B. Ownership. The Web Site (including past, present and future versions) and the Content are owned or controlled by Company and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. The Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Company, unless and except as is expressly provided in these TOU. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. Any unauthorized use of the Content is prohibited.
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Content in any way for any public or commercial purpose except as specifically permitted by these Terms or Company.
D. Reservation of All Rights. These Terms, and any Additional Terms, include only narrow, limited grants of rights to Content and to use and access the Web Site. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Company and its licensors and other third parties.
2. Account Registration.
3. Content You Submit
A. User Content. The Web Site includes features, including Family Pages and any forums, blogs, social networking, social communities and other communication functionality (collectively, "User Forums") that give Administrators and Members the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Web Site certain content, such as messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, data, questions, suggestions, ideas and other materials (collectively, "User Content"). You represent and agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Company these licenses. Upon Company's request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms.
B. License to Company of Your User Content. You grant to Company, and you agree to grant to Company, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter devised, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to Company to your User Content, you also hereby grant to Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights you grant to Company to your User Content.
C. Company’s Exclusive Right to Manage All User Content. Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and Company may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party; provided, however, that we reserve the right to treat User Content on the Web Site, or on certain portions of the Web Site, as content stored at the direction of users for which we will not exercise editorial control except to block or remove content that comes to Company’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or that violate any right of any third party or are otherwise objectionable to Company. Such User Content submitted by you or others need not, however, be maintained on the Web Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Web Site. Company has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Company’s cost and expense).
4. Rules for User Forums.
The Web Site User Forum Rules ("Rules") are here to help you understand the conduct that is expected of individuals who participate in User Forums. Your participation in User Forums is subject to all the Terms, including these Rules.
· User Content must be yours. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Web Site and elsewhere.
· Family Pages are for your Family. If you choose to upload photos and other User Content to the Web Site, make sure you only include materials and information about you, your family or friends – but only with their express permission to submit it.
· Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Web Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
· Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet. Also, your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise
· Do not use the User Forums for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone, any organization, any business or for a pyramid or other multi-tiered marketing scheme.
· Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
· No violence. Your User Content may not promote violence or describe how to perform a violent act.
· Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
· Don't share other people's personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to email@example.com.
5. Your Interactions With Other Users; Disputes. We are not responsible or liable for the conduct or content of any user of the Web Site. Company assumes no responsibility for libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to or from any such locations on this Web Site. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in its sole discretion are objectionable or in violation of these Terms. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users of the Web Site. Exercise common sense and your best judgment in your interactions with others.
6. Copyrights and Other Intellectual Property and Related Complaints.
You may not use the Web Site for any purpose or in any manner that infringes the rights of any third party. Company encourages you to report any content on the Web Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Web Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Company has a designated agent for receiving notices of copyright infringement and Company follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached as follows:
Name: Beth Provencher
Mailing address: Galaxy Partners Corp., 1790 Broadway, 19th Floor,
Phone number: 212-230-1381
Fax number: 212-223-7560
E-mail address: firstname.lastname@example.org
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
If you believe that any content on the Web Site contains content that violates your rights other than copyrights, please provide Company, using the contact information above, at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Company will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
7. Viral Distribution
Only by express written direction as may appear on the Web Site from time to time, Company may grant you the limited, revocable permission to engage in certain expressly described personal uses of Content or other Company materials as may from time to time be made available via forms of digital delivery on the Web Site for such purpose (”Viral Distribution”). Express written permission for Viral Distribution may include these personal uses: (a) sending Content or other Company materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Content or other Company materials on a personal web site; or (c) posting and displaying a copy of the Content or other Company materials on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising.
If expressly permitted and made available on the Web Site, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Content without our express written permission.
8. Sweepstakes, Contests and Promotions.
Any sweepstakes, contests, or other promotions (collectively, "Promotions") that may be offered via the Web Site may be governed by a separate set of "official rules" that, in addition to describing the Promotion, may have eligibility requirements, such as age or geographic area restrictions, terms governing the Promotion, use of the User Content that you submit in connection with the Promotion, and disclosures about how your personal information may be used. It is your responsibility to read the rules (which are also Additional Terms) in order to determine whether or not you are eligible and want to participate, register, and/or enter. By participating in any Promotion, you will become subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the sponsors identified in them, which will be final and binding in all respects.
9. Third Party Links and Content.
10. Linking Policy.
Company grants you the revocable permission to link to the Web Site; provided, however, that your web site, or any third party web sites that link to the Web Site: (a) may only link to the Web Site's home page or other public web pages unless Company has provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on the Web Site or otherwise mirror any part of the Web Site; (c) must not imply that Company or the Web Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in Company's sole opinion, harm Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Company's sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Web Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Company reserves the right to prohibit linking to the Web Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
11. Disclaimer of Warranties.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEB SITE; (B) THE CONTENT; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE WEB SITE; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE WEB SITE; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO COMPANY OR VIA THE WEB SITE. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEB SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEB SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THIS WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE.
THE COMPANY PARTIES DO NOT ENDORSE THE USER CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH THE WEB SITE.
THE INFORMATION PRESENTED ON THIS WEB SITE, OR PROVIDED TO YOU THROUGH THE WEB SITE IN RESPONSE TO A REQUEST OR A QUESTION, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE WEB SITE DOES NOT PROVIDE MEDICAL ADVICE AND THE INFORMATION PROVIDED SHOULD NOT BE CONSIDERED COMPLETE AND DOES NOT COVER ALL HEALTH ISSUES. THE INFORMATION SHOULD NOT BE USED IN PLACE OF A VISIT WITH, CALL TO, CONSULTATION OR ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER.
12. Disclaimers/Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE WEB SITE; (B) THE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEB SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S HARDWARE, COMPUTER SOFTWARE, INTERNET DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR INTERNET DEVICE FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN U.S. DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES.
You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold the Company Parties harmless from and against any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Web Site or activities in connection with the Web Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; and (g) the Company Parties' use of your information. You will cooperate as fully required by the Company Parties in the defense of any claim. Notwithstanding the foregoing, the Company Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. Further, the Company Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Company Parties.
14. Governing Law, Jurisdiction and Limitations on Actions.
A. Governing Law/Jurisdiction. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
B. No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Web Site will be resolved individually, without resort to any form of class action.
C. Time Limitation to Bring Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE WEB SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
15. General Provisions.
A. The Web Site is a
Software related to or made available by the Web Site may be subject to export controls of the
B. Severability; Interpretation; Communications. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. The section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
C. No Waiver; Survival. No failure or delay by you or Company in exercising any of rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and no waiver or modification of any of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. The provisions of these Terms that by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.
16. Updates to Terms. Company reserves the right to modify or add to these Terms or any Additional Terms, at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on this Web Site so that they are accessible via a link on the home page of the Web Site, and that your use of the Web Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Web Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Web Site from that point forward.
SHAZOOT.com is a unique community where parents, together with their kids, share their kids love of activities – their triumphs, challenges, life lessons, joys, failures, accomplishments, schedules, stats, photos, videos, etc. with a secure network of approved friends and family. And by doing so, strengthen the connections across generations and across large distances. In addition,SHAZOOT.com will help kids learn positive social networking skills, and provide parents with valuable information to help them navigate the challenges of their children’s sporting lives. The Web Site makes certain Company content available to all users. Users also have the opportunity to register to become either an Administrator or a Member. An Administrator must be at least eighteen years of age and creates an Page for his or her family (a Family Page). The Administrator is the only person who can upload content to his or her Family Page and the only person who can confirm friends and family who will have access to his or her Family Page. The Administrator can choose to create profiles for each member of his or her family but only the Administrator can post content to those profiles. Other users can register simply as Members who are able to view and post content on other users' Family Pages once access is granted by the applicable Administrator. Any information posted on an Family Page, including information posted under individual profiles, remains closed to the general public and only available to other Members once the Administrator approves access.
The Web Site is a general audience web site, intended as a forum for parents and other adults to share information about their families through a secure network of approved family and friends. We do not knowingly collect any Personal Information from children younger than the age of thirteen (13) on the Web Site and we will delete any information later determined to be collected from a user younger than thirteen (13).
Information from Other Sources
In addition to any Personal Information or other information collected by the Web Site, we and our third-party service providers may use a variety of technologies that automatically or passively collect certain web site usage information whenever you visit or interact with the Site ("Site Usage Information"). Site Usage Information may include browser type, operating system, the page served, the time, and the preceding page view, among other information. In addition, your IP address or some other unique identifier for the particular device you use to access the Site (any, a "Device Identifier"), as applicable, may be collected. A Device Identifier is a number that is automatically assigned to your computer, your cell phone, or other device (any, a "Device") used to access the Site, and our computers identify your Device by its Device Identifier. When analyzed, Site Usage Information helps us determine how our site is used (for example, how many unique visitors visit our web site and what types of content is most popular). Site Usage Information collected may be non-identifying or may be associated with you. If it is associated with you, it will be treated as Personal Information.
The Web Site uses standard technology called “cookies,” which are small data files that are transferred to your Device when you visit the Web Site. Cookies automatically identify your web browser to the Web Site whenever you visit the Web Site and may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Site. You may disable cookies using your browser's preferences, but some features of the Site may not function properly.
The Web Site and any communications sent by the Web Site may contain electronic images (generally, single-pixel “.gif” images) called “web beacons.” These web beacons allow Company and third parties to monitor and collect certain information about the viewer of the web page, web-based document, e-mail message, or other communication, such as the type of browser requesting the web beacon, the Device Identifier of the Device that the web beacon is sent to and the time the web beacon was viewed. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, and to count how many e-mails that were sent were actually opened.
An embedded script is programming code that is designed to collect information about your interactions with the Web Site, such as the links you click on. The code is temporarily downloaded onto your Device from our Web server or a third party service provider, is active only while you are connected to the Web Site, and is deactivated or deleted thereafter.
Company may use information collected through the Web Site, including your Personal Information:; (1) to process your registration with the Site including verifying that your e-mail address is active and valid; (2) to allow you to participate as an Administrator or Member and to participate in various features on the Site; (3) to provide you with information or services or process transactions that you have requested or agreed to receive; (4) to improve the Web Site or our services and for internal business purposes; (5) to contact you with regard to your use of the Web Site and, in our discretion, changes to the Web Site policies; and (6) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
Third parties providing services on our behalf: We employ third parties to perform functions on our behalf; examples include hosting or operating the Web Site, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, and customer service. These third parties may have access to your Personal Information for the purpose of performing functions on the Web Site's behalf.
We may offer sweepstakes, contests, and other promotions ("Promotion") through the Web Site that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion.
We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes. Company or any of it assets, including the Web Site, may be sold, or other transactions may occur in which your Personal Information is one of the key business assets for the transaction. In such a case, your Personal Information may be one of the business assets we transfer. Hence, Company reserves the right to disclose and transfer user information, including Personal Information (i) to a subsequent owner, co-owner or operator of the Web Site or applicable database, or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Company's stock and/or assets, or other corporate change including, without limitation, during the course of any due diligence process.
We may disclose information about our users, including your Personal Information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with the policies governing the Web Site and applicable laws; or to protect the legal rights, interests, or safety of the Web Site, our users or others. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
The Web Site may contain web pages through which you can correct or update some of the personal information you have provided to us through registration with the Web Site. An Member may deactivate his/her account or an Administrator may deactivate his/her Family Page through the Account Preferences page on the Web Site. This will remove the applicable page(s) from view, but the Web Site may not delete the information from its internal records. In addition, please note that in accordance with our routine corporate recordkeeping practices, we may delete certain records that contain Personal Information or content you have submitted to the Web Site. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information.
With regard to e-mail newsletters and similar communications you may receive from us, you may tell us you no longer want to receive these emails from the Web Site by following the opt-out instructions provided to you in those e-mails. Please note that we reserve the right to send you certain communications relating to your account or use of the Web Site, such as administrative and services announcements and these transactional account messages may be unaffected if you choose to opt-out from marketing communications.
When you are on the Web Site you may be directed to other sites that are operated and controlled by third parties that are beyond our control. For example, if you “click” on a banner advertisement, the “click” may take you off the Web Site onto a different web site. This includes links from advertisers, sponsors and partners that may use the Web Site’s logo as part of a co-branding agreement. These other web sites may set their own cookies on your browser, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. Company is not responsible for the privacy practices employed by any third party web site.
The Web Site is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Web Site or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
Company incorporates commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, or wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that Company cannot ensure or warrant the security of any information you submit via the Web Site, and you do so at your own risk.