Terms and Conditions.....
Terms of Use
Date of Last Revision: February
23, 2009
Welcome to Shedidwhat.com, a
social utility for men and woman to vent their frustrations about
relationships, sharing relationship advice, and other social networking
purposes.
The Shedidwhat.com services
and network (collectively, "Shedidwhat" or "the Service")
are operated by St. Barts Enterprises Corp. and its corporate affiliates
(collectively, "us", "we" or "the Company"). By
accessing or using our web site at
www.shedidwhat.com
(the "Site") or by posting a
Share Button on your site, you (the "User") signify that you have
read, understand and agree to be bound by these Terms of Use ("Terms of
Use" or "Agreement"), whether or not you are a registered member
of Shedidwhat.com. We reserve the right, at our sole discretion, to change,
modify, add, or delete portions of these Terms of Use at any time without
further notice. If we do this, we will post the changes to these Terms of Use
on this page and will indicate at the top of this page the date these terms
were last revised. Your continued use of the Site after any such changes
constitutes your acceptance of the new Terms of Use. If you do not agree to
abide by these or any future Terms of Use, do not use or access (or continue to
use or access) the Site. It is your responsibility to regularly check the Site
to determine if there have been changes to these Terms of Use and to review
such changes.
PLEASE READ THESE TERMS OF USE
CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND
A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Advice is Not Verified
Occasionally, users may post
content that appears to be contain Legal or Medical advice.
All users, by using the Site
acknowledge and agree that all such content appearing to contain Legal or
Medical advice is not verified by the Company and is not to be viewed, construed,
or understood as Company’s approval, verification, or endorsement of any such
content.
Any user viewing such
content is encouraged to seek licensed legal or medical assistance before engaging
in any practice as stated in such content.
User specifically agrees to hold Company harmless from any
negative result in connection with any such content.
ANY CONTENT APPEARING TO CONTAIN LEGAL OR MEDICAL ADVICE IS
FOLLOWED AT THE RISK OF THE USER.
Eligibility
Membership is void where
prohibited.
This Site is
intended solely for users who are thirteen (13) years of age or older, and
users of the Site under 18 who are currently in high school or college. Any
registration by, use of or access to the Site by anyone under 13, or by anyone
who is under 18 and not in high school or college, is unauthorized, unlicensed
and in violation of these Terms of Use. By using the Site, you represent and
warrant that you are 13 or older and in high school or college, or else that
you are 18 or older, and that you agree to and to abide by all of the terms and
conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of
the Site, you agree to (a) provide complete, accurate, and current information
about you as may be prompted by any registration forms on the Site
("Registration Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Company, to keep it accurate, current and
complete; and (d) be fully responsible for all use of your account and for any
actions that take place using your account.
Trademarks
Shedidwhat.com and other Company
graphics, logos, designs, page headers, button icons, scripts and service names
are registered trademarks, common law trademarks, or trade dress of Company in
the U.S. and/or other countries. Company's trademarks and trade dress may not
be used, either in full or included as part of trademarks and/or as part of
domain names, in connection with any product or service in any manner that is
likely to cause confusion in the marketplace and may not be copied, imitated,
or used, in whole or in part, without the prior written permission of the
Company.
Proprietary Rights in Site Content; Limited License
All content on the Site,
including logos, designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection and
arrangement (the "Site Content"), are the proprietary property of the
Company, its users or its licensors with all rights reserved. No Site Content
may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own User Content (as defined
below) that you legally post on the Site. Provided that you are eligible for
use of the Site, you are granted a limited license to access and use the Site
and the Site Content and to download or print a copy of any portion of the Site
Content to which you have properly gained access solely for your personal,
non-commercial use, provided that you keep all copyright or other proprietary
notices intact. Except for your own User Content, you may not upload or
republish Site Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation, and any other
use of the Site Content is strictly prohibited. Such license is subject to
these Terms of Use and does not permit use of any data mining, robots, scraping
or similar data gathering or extraction methods. Any use of the Site or the
Site Content other than as specifically authorized herein, without the prior
written permission of Company, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws
including copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in these
Terms of Use shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication or otherwise. This license is
revocable at any time without notice and with or without cause.
Copyright Complaints
We, the Company, respect the
intellectual property rights of others and we specifically prohibit Users from
uploading, posting or otherwise transmitting on the Girlfriends2go.com website
any materials that violate another party's intellectual property rights. If and
when we receive proper Notification of Alleged Copyright Infringement we will
promptly remove or disable access to the allegedly infringing material and terminate
the accounts of any repeat infringers as described herein in accordance with
the Digital Millenium Copyright Act. If you believe that any material on the
Site infringes upon any copyright which you own or control, you may send a
written notification of such infringement to our Designated Agent.
Repeat Infringer Policy
Pursuant to the Digital
Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a
policy of terminating, at Company's sole discretion, members who are deemed to
be repeat infringers. At its sole discretion, the Company may also limit access
to the Site and/or terminate the memberships of any users who infringe any
intellectual property rights of others, whether or not the User has been deemed
a repeat infringer.
User Conduct
You, the User, understand that
except for advertising programs offered by us on the Site (e.g., classified and
employment sections of the website), the Site is available for your personal,
non-commercial use only. You represent, warrant and agree that no materials of
any kind submitted through your account or otherwise posted, transmitted, or
shared by you on or through the Service will violate or infringe upon the
rights of any third party, including copyright, trademark, privacy, publicity
or other personal or proprietary rights; or contain libelous, defamatory or
otherwise unlawful material.
In addition to the above, you, by using the Site, agree not to use the Site to
do any of the following:
(a)
collect email addresses, telephone numbers, postal
addresses or other contact information of other users from the Site by
electronic or other means for the purposes of sending unsolicited emails,
telephone calls, or other unsolicited communications;
(b)
use
the Site in any unlawful manner, as defined by local, state or federal rules,
laws or regulations, or in any other manner that could damage, disable,
overburden or impair the Site;
(c)
use automated scripts or other similar devices or
programs to collect information from or otherwise interact with the Site;
(d)
solicit
personal information from anyone under the age of 18 or solicit passwords or
any other personally identifying information for commercial or unlawful
purposes;
(e)
intimidate or harass another;
(f)
upload, post, transmit, share, store or otherwise make
available any content that the Company, in its sole discretion deems to be
harmful, vulgar, obscene, fraudulent, invasive of privacy or publicity rights,
hateful threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, or racially, ethnically or otherwise objectionable;
(g)
upload, post, transmit, share, store or otherwise make
available any videos other than those of a personal nature that: (i) are of you
or your friends, (ii) are taken by you or your friends, or (iii) are original
art or animation created by you or your friends;
(h)
upload,
post, transmit, share, store or otherwise make publicly available on the Site
any private information of any third party, including, addresses, phone
numbers, email addresses, Social Security numbers and credit card numbers;
(i)
register more than one User account, register a User
account on behalf of an individual other than yourself, or register a User
account on behalf of any group or entity;
(j)
impersonate any person or entity, or falsely state or
otherwise misrepresent yourself, your age or your affiliation with any person
or entity;
(k)
upload,
post, transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
(l)
use or attempt to use another user's account, service
or system without authorization from the Company, or create a false identity on
the Site.
(m)
upload,
post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
(n)
upload,
post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate
the rights of any party, or that would otherwise create liability or violate
any local, state, national or international law;
(o)
upload,
post, transmit, share, store or otherwise make available content that, in the
sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose Company or
its users to any harm or liability of any type.
User Content Posted on the Site
You, as the User, are solely
responsible for the photos, profiles (including your name, image, and
likeness), messages, notes, text, information, music, video, advertisements,
listings, and other content that you upload, publish or display (hereinafter,
"post") on or through the Site, or transmit to or share with other
users (collectively the "User Content"). You are prohibited from posting,
transmitting, or sharing User Content on the Site or Service that you did not
create or that you do not have permission to post. You understand and agree
that the Company may, but is not obligated to, review the Site and may delete
or remove (without notice) any Site Content or User Content in its sole
discretion, for any reason or no reason, including User Content that in the
sole judgment of the Company violates this Agreement, is illegal, or that might
violate the rights, harm, or threaten the safety of users or others.
You specifically agree that you will
not post any content containing nudity or sexually explicit or suggestive
content of any nature. You, as the User, are solely responsible at your sole
cost and expense for creating backup copies and replacing any User Content you
post or store on the Site or provide to the Company.
By posting User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove
your User Content, the license granted above will automatically expire, however
you acknowledge that the Company may retain archived copies of your User
Content. Girlfriends2go.com does not assert any ownership over your User
Content; rather, as between us and you, subject to the rights granted to us in
these Terms, you retain full ownership of all of your User Content and any
intellectual property rights or other proprietary rights associated with your
User Content.
Third Party Websites and Content
The Site may contain (or you may
be sent through the Site) links to other websites ("Third Party
Sites") as well as text, graphics, pictures, designs, music, sound, video
articles, photographs, information, applications, software and other content or
items belonging to or originating from third parties (the "Third Party
Applications, Software or Content"). Such Third Party Sites and Third
Party Applications, Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and the Company
specifically disclaims any responsibility for any Third Party Sites accessed
through the Site or any Third Party Applications, Software or Content posted
on, available through or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices or other
policies of or contained in the Third Party Sites or the Third Party
Applications, Software or Content. Inclusion of, linking to or permitting the
use or installation of any Third Party Site or any Third Party Applications,
Software or Content on the Site does not imply approval or endorsement thereof
by the Company. If you decide to leave the Site and access the Third Party
Sites or to use or install any Third Party Applications, Software or Content,
you do so at your own risk and you should be aware that our terms and policies
no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any site to which you
navigate from the Site or relating to any applications you use or install from
the site. USE OF THIRD PARTY WEBSITES IS AT YOUR OWN RISK.
Girlfriends2go.com Classified Section
All sales or employment listings
posted on or through the Girlfriends2go.com Classified Section and all
transactions conducted in connection therewith are subject to and governed by
these Terms of Use. When you use the Girlfriends2go.com Classified Section in
any manner whatsoever, either as a buyer or service, employer, etc. you are
agreeing to abide by and be subject to the applicable rules set forth in these
Terms of Use. The Terms of Use are subject to change in the Company’s sole
discretion, at any time, without prior notice, therefore you should review the Terms
of Use each time you use the Girlfriends2go.com Classified Section.
All parties, regardless of their role
in the transaction, are solely responsible for all interactions with each
other, for arranging for payment and the exchange of the goods or services
purchased if applicable, and for the results and performance of any transaction
or relationship entered into through the
Girlfriends2go.com Classified Section. You, by using the
Site, acknowledge that nether Girlfriends2go.com nor the Company is not
responsible or liable in any form for any and all action or inaction of any
party to a transaction, for any failure to perform, to pay any amounts due, or
to deliver any merchandise or services as promised, or for any other aspect of
the transaction. Any fees or payments collected by the Company in connection
with the Girlfriends2go.com Classified Section are set forth on the Site.
ANY AND ALL USE OF Shedidwhat.com CLASSIFIED
SECTION IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
User Disputes
You, as the User are solely
responsible for your interactions with other Shedidwhat.com users. We, the Company,
reserve the right, but have no obligation, to monitor disputes between you and
other users.
Privacy
We care about the privacy of our users.
Disclaimers
The Company is not responsible or
liable in any manner whatsoever for any User Content or Third Party
Applications, Software or Content posted on the Site or in connection with the
Service, whether posted or caused by users of the Site, by Shedidwhat.com.com,
by third parties or by any of the equipment or programming associated with or
utilized in the Site or the Service. The Company provides rules for user
conduct and postings as stated herein; however, the Company does not control
and are not responsible for what users post, transmit or share on the Site and
are not responsible for any offensive, inappropriate, obscene, unlawful or
otherwise objectionable content you may encounter on the Site or in connection
with any User Content or Third Party Applications, Software or Content. The
Company is not responsible for the conduct, whether online or offline, of any
user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service, computer
systems, servers or providers, computer or mobile phone equipment, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any Site or combination thereof, including
injury or damage to User's or to any other person's computer, mobile phone, or
other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service,
including any Mobile Client software. Under no circumstances will the Company
be responsible for any loss or damage, including any loss or damage to any User
Content or personal injury or death, resulting from anyone's use of the Site or
the Service, any User Content or Third Party Applications, Software or Content
posted on or through the Site or the Service or transmitted to Users, or any
interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE INCLUDING THE SHEDIDWHAT.COM. CLASSIFIED SECTION, AND THE
SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY SPECIFICALLY DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES
NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.
COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON
THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY
PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH
SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT
AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM
OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY
DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF
ANY KIND THAT MAY RESULT.
The Company specifically reserves the right to change any and all content,
software and other items used or contained in the Site and any Services and
Platform Applications offered through the Site at any time without notice.
Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof, or any affiliation whatsoever
therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS
DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF
THE SITE OR THE SERVICE, ANY OF THE SITE CONTENT OR OTHER MATERIALS ON,
ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE SITE, USER
SPECIFICALLY AGREES TO HOLD COMPANY HARMLESS FROM ANY NEGATIVE RESULTS THAT MAY
OCCUR FROM FOLLOWING PROPOSED TREATMENT AS SUGGESTED BY ANOTHER USERS POSTING
OR CONTENT.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE
DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO
YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE
SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE
PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM
COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The Company may terminate your
membership, delete your profile and any content or information that you have
posted on the Site or through any Platform Application and/or prohibit you from
using or accessing the Site or any Platform Application (or any portion, aspect
or feature of the Site or any Platform Application) for any reason, or no
reason, at any time in its sole discretion, with or without notice, including
if it believes that you are under 13, or under 18 and not in high school or
college. When we are notified that a user has died, we will generally, but are
not obligated to, keep the user's account active under a special memorialized
status for a period of time determined by us to allow other users to post and
view comments.
Indemnity
You agree to indemnify and hold
the Company, its subsidiaries and affiliates, and each of their directors,
officers, agents, contractors, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with any
User Content, any Third Party Applications, Software or Content you post or
share on or through the Site (including through the Share Service), your use of
the Site, your conduct in connection with the Site or with other users of the Site,
or any violation of this Agreement or of any law or the rights of any third
party.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you
agree that the laws of the State of Florida, without regard to principles of
conflict of laws, will govern these Terms of Use and any dispute of any sort
that might arise between you and the Company or any of our affiliates. With
respect to any disputes or claims not subject to arbitration (as set forth
below), you agree not to commence or prosecute any action in connection
therewith other than in the state and federal courts of Florida, and you hereby
consent to, and waive all defenses of lack of personal jurisdiction and forum
non conveniens with respect to, venue and jurisdiction in the state and federal
courts of Florida.
In the event an action or arbitration proceeding is
commenced to enforce the terms stated herein, then, in addition to such other
relief as may be awarded, the prevailing Party shall be entitled to reasonable
attorneys’ fees and costs incurred in connection with such action or proceeding.
Arbitration
YOU AND COMPANY AGREE THAT,
EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE
IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE
FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR
ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR
VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING
ARBITRATION, except that: (a) to the extent that either of us has in any manner
infringed upon or violated or threatened to infringe upon or violate the other
party's patent, copyright, trademark or trade secret rights, or you have
otherwise violated any of the user conduct rules set forth above or in the Code
of Conduct then the parties acknowledge that arbitration is not an adequate
remedy at law and that injunctive or other appropriate relief may be sought;
and (b) no disputes or claims relating to any transactions you enter into with
a third party through the SHEDIDWHAT.COM Classified Section may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and,
in the case of consumer disputes, the AAA's Supplementary Procedures for
Consumer Related Disputes ( the "AAA Consumer Rules") (collectively
the "AAA Rules"). The location of the arbitration and the allocation
of costs and fees for such arbitration shall be determined in accordance with
such AAA Rules and shall be subject to the limitations provided for in the AAA
Consumer Rules (for consumer disputes). The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM
UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM,
INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER
OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no
event shall any claim, action or proceeding by you related in any way to the
Site and/or the Service (including your visit to or use of the Site and/or the
Service) be instituted more than three (3) years after the cause of action
arose.
Submissions
You, the User, acknowledge and
agree that any questions, comments, suggestions, ideas, feedback or other
information about the Site or the Service ("Submissions"), provided
by you to Company are non-confidential and shall become the sole property of
Company. Company shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the
terms "includes", "including", "e.g.,", "for
example", and other similar terms are deemed to include the term
"without limitation" immediately thereafter. Terms used in these
Terms with the initial letter(s) capitalized will have the meaning attributed
to them in these Terms.
Other
These Terms of Use constitute the
entire agreement between you and Company regarding the use of the Site and/or
the Service, superseding any prior agreements between you and Company relating
to your use of the Site or the Service. The failure of Company to exercise or
enforce any right or provision of these Terms of Use shall not constitute a waiver
of such right or provision in that or any other instance. If any provision of
this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect. If any provision of these Terms of Use shall be
deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms of Use and shall not affect the
validity and enforceability of any remaining provisions.
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