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DISCLAIMER OF WARRANTY AND
LIMITATION OF LIABILITY:
You acknowledge that you are using the service at your own risk. The service is
provided "as is," and
 and its affiliates hereby expressly
disclaim any and all warranties, express and implied, including but not limited
to any warranties of accuracy, reliability, title, merchantability,
non-infringement, fitness for a particular purpose or any other warranty,
condition, guarantee or representation, whether oral, in writing or in
electronic form, including but not limited to the accuracy or completeness of
any information contained herein or provided by
.
,
its affiliates and its third party service providers do not represent or warrant
that access to the service will be uninterrupted or that there will be no
failures, errors or omissions or loss of transmitted information, or that no
viruses will be transmitted on this service.
The
its
affiliates and its third party service providers shall not be liable to you or
any third parties for any direct, indirect, special, consequential or punitive
damages allegedly sustained arising out of the use of this service, this
agreement, the providing of services hereunder, the sale or purchase of any
goods or merchandise, your access to or inability to access the service,
including for viruses alleged to have been obtained from the service, your use
of or reliance on the service or any of the merchandise, information or
materials available on the service, regardless of the type of claim or the
nature of the cause of action, even if advised of the possibility of such
damages. Some states do not allow the exclusion of implied warranties or the
limitation or exclusion of liability for incidental or consequential damages, so
the above exclusion or limitation may not apply to you. You may also have other
rights that vary from state to state.
You hereby agree to release
, its affiliates and third-party service providers, and each of their
respective directors, officers, employees, and agents from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of
or in any way connected with your use of this site. If you are a California
resident, you waive California Civil Code Section 1542, which states, in part:
"a general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor".
TERMINATION OF ACCESS TO THE
SERVICE:
Service Provider has the right to terminate your ability to access the web site,
for any reason, without notice.
JURISDICTION:
Service Provider makes no representation that materials on the Service are
appropriate, available or legal in any particular political subdivision. Those
who choose to access the web site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
You agree that this Agreement,
for all purposes, shall be governed and construed in accordance with the laws of
the State of California applicable to contracts to be wholly performed therein,
and any action based on or alleging a breach of this Agreement must be brought
in a state or federal court in the Central District of California. In addition,
you agree to submit to the personal jurisdiction and venue of such courts.
If you don't agree to the terms
contained in this Agreement, please exit the
web site.
COPYRIGHT COMPLAINTS:
respects the intellectual property rights of others, and we ask our users to do
the same. Prizes! may, in appropriate circumstances and at its discretion,
suspend or terminate the access of and take other action against users,
subscribers, registrants and account holders who infringe the copyright rights
of others.
If you believe that your work has been copied and is
accessible on the
web site in a way that constitutes copyright
infringement, or that the
web site contains links or other references to
another online location that contains material or activity that infringes your
copyright, you may notify
by providing the following information (as
required by the Online Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our offices.
1. A physical or electronic signature of person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
2. Identification of the copyrighted 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;
3. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit
Prizes! to locate the material;
4. Information reasonably sufficient to permit
to contact the
complaining party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted;
5. 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.
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