Delta Digital House, Inc., together with its subsidiaries and its affiliates, (the “Company,” “us,” “we,” or “our”) offers digital media services through a variety of online offerings. Please carefully read these Terms of Service (or “Agreement”) and our Privacy Policy which is incorporated into these Terms of Service by this reference.
These Terms of Service govern your use of this website (deltadigital.co) and, in general, the websites for our family of brands, including: Wired2Fish.com, ProToolReviews.com, TerritorySupply.com, RapidMedia.com, MamaKnowsGlultenFree.com, Homemade-gifts-made-easy.com, TheCookieRookie.com, BudgetBytes.com, BellyFull.net, ShowsightMagazine.com and TopNotchToys.com (each, a “Website”) and collectively, the “Websites”).
Each Website has its own Privacy Policy and Terms of Service/Use with specific provisions relating to its particular business, so to the extent that there is a conflict between a disclosure in these Terms of Service and terms and conditions posted on a Website, the provision on the Website will control.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF SERVICE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE WEBSITES.
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
AUTO-RENEWAL NOTICE: SOME OF OUR WEBSITES OFFER SUBSCRIPTIONS FOR PUBLICATIONS, WHICH MAY NOW OR IN THE FUTURE BE AUTO-RENEWING ON A RECURRING BASIS. THIS MEANS THAT FOR SUCH AUTO-RENEWING SUBSCRIPTIONS, WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US UPON YOUR INITIAL PURCHASE AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR RECURRING SUBSCRIPTION PLANS, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD. Please see other terms below in Section 3 (“Terms of Purchase”) regarding your subscriptions or purchase of Products, including with regard to terminating your subscription.
The Websites are not intended for the use of children under 18 and no such person is authorized to use them. By using the Websites, you are representing that you are at least 18 years old. You also represent, by accessing or using the Websites, that you are of legal age to enter into legal agreements.
1. DEFINITIONS
“Advertiser(s)” means a person or entity that executes an Insertion Order with us to provide advertising services on the Website. “Applicant(s)” means a person or entity that submits an application for an award offered by our Websites. “Content” means, collectively, all text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, artwork, and computer code in the Websites. “Customer” means the person or entity that enters into this Agreement and utilizes the Websites and includes Applicants, Online Retailers, and Advertisers. “Insertion Order” means an insertion order, purchase order, or other contract with us to provide advertising services on the Websites. “Linked Sites” means any links from the Websites to other independent third-party websites, including those of Applicants, Online Retailers and Advertisers. “Online Retailer” means a company whose products or services are featured or described on the Websites. “Products” means items and publications that are available for purchase from our online stores or items that are reviewed, described on or otherwise featured on the Website or in advertisements on the Website. “Submission” means any submission, user content, feedback, reviews, comments or suggestions you may provide regarding the Products and Websites either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) and includes advertising copy from our advertisers and submission materials from Applicants.
The term “you” means Website visitors, Customer, and the individual accepting these Terms of Service on behalf of any legal entity.
2. PROPRIETARY RIGHTS
2.1 As between you and us, we reserve all rights, title, and interest in and to the Websites, including all related intellectual property rights, subject to the limited rights expressly granted hereunder.
2.2 Unless otherwise noted, the Websites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Websites is owned, controlled or licensed by or to us and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms of Service, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
2.3 You acknowledge and agree that any Submission is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms (including social media) and is submitted by you in compliance with these Terms of Service. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of the Company, and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and we shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to Submissions that constitute advertisement copy and materials from Advertisers, Advertiser hereby grants us a non-exclusive worldwide license to display the advertising material for the length of the term identified in the Insertion Order. If you are an Online Retailer, you hereby grant us a non-exclusive worldwide license to display your website and any identifying marks associated with your Products and services described on the Website. If you are an Applicant, you hereby grant us a non-exclusive worldwide license to display your Product(s), your website and any identifying marks associated with your Products described on the Website and to identify you as an Applicant and, if applicable, promote you as an award winner. With respect to all other Submissions, you hereby grant us an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Service.
2.4 Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by the Company and that the information is submitted to us in compliance with all applicable laws.
3. TERMS OF PURCHASE; PAYMENT
3.1. All Products and services offered by the Company are subject to availability, and we reserve the right to reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for Products and services are subject to change at any time, but changes will not affect any order for Products and services you have already placed.
3.2. By purchasing Products or advertisements, or submitting a Product for an award, you agree to pay all associated fees and any applicable taxes. You agree to pay any shipping, delivery and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping, delivery and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed.
3.3. As noted above, fees for some of our subscription plans may now or in the future be auto-renewing on a recurring basis. You hereby authorize recurring charges to the payment card that you provide to us for any recurring subscriptions. We will bill your payment card upon your initial purchase (or at the end of a free trial if applicable) and on a recurring basis at the beginning of your new renewal period. You agree that we will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under these Terms of Service. You are responsible for letting us know immediately if you suspect any unauthorized use of your payment card or login credentials. You may cancel your recurring subscription at any time by sending an email to the email address identified on the applicable Website with your request to cancel.
3.4. Only valid payment methods acceptable to us may be used to complete a purchase. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes, fees, delivery, shipping and handling charges).
3.5. We use third party point-of-sale providers and payment processors to process all payments for orders. Our relationship with such third parties is contractual in nature, as each such third party is a third-party vendor to the Company, and they are not subject to our direction or control; thus, the relationships are not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
3.6. Advertiser will make payment upon its receipt of the invoice, or as otherwise stated in a payment schedule set forth on the Insertion Order.
3.7. Should Advertiser assert that advertising materials appear not in compliance with specifications set forth in the applicable order, Advertiser’s sole and exclusive remedy is to request in writing that (a) in connection with digital advertising, the Company remove the advertising materials and provide makegoods or, if no makegood can be agreed upon, issue a credit to Advertiser equal to the value of such advertisements, or, if applicable, not bill any agency for such advertisements; and (b) in connection with print advertising, provide makegoods or, if no makegood can be agreed upon, issue a credit to Advertiser equal to the value of such advertisements. Notwithstanding the foregoing, Advertiser acknowledges and agrees that Advertiser (or any agency acting on its behalf) will not be entitled to any remedy for any violation of specifications in the order resulting from advertisements placed at locations other than the Products and Websites.
3.8. Except as expressly set forth herein, all fees are non-cancelable and nonrefundable.
4. USE OF WEBSITES; ACCEPTABLE USE POLICY
4.1 You agree to immediately notify us of any breach of security that you become aware of involving or relating to your use of the Websites by emailing [email protected]. In addition, you agree to keep confidential any username(s) and password(s) associated with accounts created with our payment processors, and to exit from your user account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
4.2 Customer represents and warrants that its use of the Websites will comply with all applicable federal, state, and local laws and regulations.
4.3 In connection with your use of the Websites, you agree that you will not:
4.3.1 interfere with or damage the Websites, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
4.3.2 violate any local, state, provincial, national, or other law or regulation, or any order of a court;
4.3.3 “scrape,” “crawl” or “spider” any web pages or other services contained in the Websites;
4.3.4 display, mirror or frame the Websites, or any individual element within the Websites, the Company’s (or any Company affiliate’s) name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
4.3.5 post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
4.3.6 access, tamper with, or use non-public areas of the Websites, our computer systems, or the technical delivery systems of our providers;
4.3.7 attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
4.3.8 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Websites or any of the content on the Websites;
4.3.9 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Websites;
4.3.10 use the Websites as part of any effort to compete with us or otherwise use the Websites and/or the Content for any revenue-generating endeavor or commercial enterprise; or
4.3.11 advocate, encourage, or assist any third party in doing any of the foregoing.
4.4 Any conduct by a Customer that in our discretion restricts or inhibits any other user from using or enjoying the Websites is expressly prohibited.
4.5 We do not consent to the content on the Websites being used, reproduced, or downloaded in any manner or by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), including but not limited to translation services. Users of the Websites, including any third parties accessing the Websites through automated systems, are prohibited from (i) using any of the content on the Websites for Artificial Intelligence Purposes without first seeking our specific and express permission and (ii) sub-licensing or directing others to reproduce and/or otherwise use any Website content in any manner for purposes of training artificial intelligence technologies to generate text, audio, or video without our specific and express permission. Users or automated systems that fail to respect these choices will be considered to have breached these Terms of Service.
4.6 We reserve the right, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Websites, or any portion of the Websites at any time; (b) to modify or change the Websites, or any portion of the Websites, and any applicable policies or terms; and (c) to interrupt the operation of the Websites, or any portion of the Websites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
4.7 Advertiser represents and warrants that Advertiser has all necessary licenses and clearances to use and submit to the Company for posting on a Website the content contained in the advertising materials as specified on the Insertion Order.
4.8 Applicant represents and warrants that Applicant has all necessary licenses and clearances in and to the Product(s) it submits for an award, including any logos or other branding contained thereon and that all information submitted in the award application is true and correct.
4.9 We reserve the right to reject or remove from the Website any advertising materials, software code associated with Applicant materials, advertising materials (e.g. pixels, tags, JavaScript), or the website to which the advertisement is linked, that we determine in our sole discretion do not comply with these Terms of Service or with any applicable law, regulation, or other judicial or administrative order. In addition, we reserve the right to reject or remove from the Website any Applicant materials, advertising materials or the website to which an advertisement or a Product is linked which we determine in our sole discretion may tend to bring loss of goodwill, disparagement, ridicule, or scorn upon the Company.
4.10 Applicants, Advertisers and Online Retailers agree that any personally identifiable information obtained through user clicks on award announcements, advertisements or other hyperlinked material shall be used by Applicant, Advertiser and Online Retailer in compliance with all applicable laws, rules and regulations and consistent with its posted privacy policies.
5. COPYRIGHT POLICY
We do not permit copyright infringing activities and infringement of intellectual property rights on the Websites and will remove any such content if properly notified that such content infringes another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
identification of the URL or other specific location on the Website(s) where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected] with “DMCA Notice” in the subject line.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
6. TERM; SUSPENSION; TERMINATION
6.1 We may, in our sole discretion, without prior notice and to the extent applicable, suspend or terminate your access to the Website(s) and/or block your future access to the Website(s) if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Website(s). You also agree that any violation by you of these Terms of Service will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
6.2 With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
6.3 The provisions of this Agreement concerning prohibited activities, copyrights, trademarks, Submissions, disclaimers, limitation of liability, resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement.
7. DISCLAIMERS; LIMITATION OF LIABILITY
7.1 THE WEBSITES AND CONTENT OFFERED THROUGH THE WEBSITES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
7.2 The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence, or any other cause of action.
7.3 EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE COPMANY, ITS SUBSIDIARIES, PARENT CORPORATION AND AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, REPRESENTATIVES, LICENSEES, AND SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE TOTAL FEES THAT THE COMPANY ACTUALLY RECEIVED FROM YOU UNDER THESE TERMS OF SERVICE OR ANY WEBSITE TERMS OF SERVICE IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
7.4 BY USING THE WEBSITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
7.5 THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING SECTIONS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7.6 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
8. INDEMNITY
You agree to indemnify and hold the Company Parties harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) (collectively, “Losses”), made against or incurred by the Company Parties due to or arising out of or in connection with: (a) your access to or use of the Websites; (b) your violation of this Agreement or any applicable law or regulation; (c) your violation of any rights of any third party; or (d) any disputes or issues between you and any third party. In addition: (a) Advertisers agree to indemnify and hold the Company Parties harmless from all Losses made against or incurred by the Company Parties due to or arising out of or in connection with any advertising content and any of the products and services of such Advertisers; and (b) Online Retailers and Applicants agree to indemnify and hold the Company Parties harmless from all Losses made against or incurred by the Company Parties due to or arising out of or in connection with any of the products and services of such Online Retailers or Applicants.
9. GOVERNING LAW
You agree that all matters relating to your access to or use of a Website, including all disputes, will be governed by the laws set forth in the applicable Website Terms of Service, or if the dispute applies to more than one Website or to the Company generally, then the laws of the State of Delaware excluding in each case: (a) its conflicts of law principles; and (b) the United Nations Convention on Contracts for the International Sale of Goods.
10. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms of Service and the use of the Websites (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms of Service. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be as set forth in the applicable Website Terms of Service, or if the dispute applies to more than one Website or to the Company generally, then in Wilmington, Delaware.
Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms of Service, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts set forth in the applicable Website Terms of Service, or if the dispute applies to more than one Website or to the Company generally, then the courts located in Wilmington, Delaware, for the purpose of litigating all such disputes. You also waive your rights to a jury trial.
Time Limit for Claims. To the fullest extent permitted by law, any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
11. USERS OUTSIDE OF THE UNITED STATES
11.1 The Company and the Websites are controlled in the United States. While the Websites are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Websites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Websites from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
11.2 Canada. The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
12. PROMOTIONS
From time to time, the Company may offer a sweepstakes or give away promotions (“Promotion(s)”). Each Promotion shall have its own specific rules (“Official Rules”), which you should review before entering. NO PURCHASE will be necessary to enter a Promotion or to win, and the odds of winning will depend on the number of entrants, unless otherwise stated in the Official Rules. All Promotions are void where prohibited and as indicated in the Official Rules.
13. MISCELLANEOUS
13.1 The Websites may contain Linked Sites, including those of Applicants, Advertisers and Online Retails, which are provided solely as a convenience to our users. Such Linked Sites are not under our control, and we are not responsible for and does not endorse the content of such Linked Sites, including any information, products, services or materials contained on such Linked Sites.
13.2 You may preserve these Terms of Service in written form by printing it for your records, and you waive any other requirement that these Terms of Service be evidenced by a written document.
13.3 All provisions of these Terms of Service are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
13.4 These Terms of Service, together with the Privacy Policy and any other legal notices published by the Company, constitute the entire agreement between you and the Company with regard to your use of the Websites. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time upon notice to you. Your continued use of the Websites following the posting of changes indicates your agreement to and acceptance of the changes. If you do not agree with the modified terms, please do not use the Websites, or if you have a recurring subscription, then you may cancel your subscription. We last modified this Agreement on the date listed at the top of these Terms of Service.
13.5 Our failure to insist on or enforce strict performance of these Terms of Service shall not be deemed a waiver by the Company of any provision or any right it has to enforce these Terms of Service. Any such waiver must be in writing in order to be effective. Except as expressly set forth herein, these Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
13.6 This Agreement is binding on the parties hereto and their respective successors and permitted assigns. Customer may not assign this Agreement without the prior written consent of the Company. Any assignment in violation of this section is void.
13.7 Our failure to perform any term or condition of this Agreement as a result of conditions beyond its control, including but not limited to, acts of God, war, strikes, fires, floods, governmental restrictions, power failures, pandemics or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.
13.8 No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement.
13.9 The parties are independent contractors. No joint venture, partnership, employment, or agency relationship exists between Customer and the Company as a result of this Agreement or use of the Websites.
QUESTIONS AND CONTACT INFORMATION
Please contact us if you have any questions about these Terms of Service. You may contact us by emailing us at [email protected].
