Greedy Giveaway Web Site Agreement
This Internet Web Site Use Agreement (the "Agreement") is between you and
GreedyGiveaway.com (the "Company") Your use of the Company Internet Web Site (the
"Web Site") is subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB
SITE. Use of the Web Site signifies your unconditional agreement to the terms and
conditions of this Agreement. If you do not agree to these terms and conditions of use, do
not access or otherwise use this Web Site.
(2) The Company may gather, process and use information and materials received from you
(e.g., name, physical address, e-mail address) or collected through your use of the Web
Site for any lawful reason or purpose.
(3) The Company reserves the right, at its sole discretion, from time to time to change,
modify, add or remove any portion of this Agreement, in whole or in part, at any time.
Notification of changes in the Agreement will be posted on the Web Site.
(4) The Web Site is protected by one or more copyrights pursuant to U.S. copyright laws,
international conventions and other intellectual property laws. You will abide by any and
all copyright notices, trademark notices, ownership information or restrictions contained
in any Content on the Web Site. You may download and make copies of the Content and other
downloadable items displayed on this Web Site, provided that you maintain all copyright
and other notices contained in such Content. Copying or storing of any Content on the Web
Site for reproduction, redistribution or publication to third parties for commercial
purposes is expressly prohibited without prior written permission from the Company. All
rights to the Companys copyrighted materials not expressly granted herein are
reserved by the Company.
(5) The Company, at its sole discretion, may change, suspend or discontinue any aspect of
the Web Site at any time, including the availability of any Web Site feature, database or
Content. Company may also impose limits on certain features and services or restrict your
access to parts or all of the Web Site without notice or liability.
(6) You represent, warrant and covenant that you shall not upload, post or transmit to or
distribute or otherwise publish through the Web Site any materials which: (i) restrict or
inhibit any other user from using and enjoying the Web Site; (ii) are unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate any law
or governmental regulation; (iv) violate, plagiarize or infringe the rights of third
parties including, without limitation, copyright, trademark, patent, rights of privacy or
publicity or any other proprietary right; (v) contain a virus or other harmful or
destructive elements; (vi) contain any information, software or other material of a
commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain
false or misleading indications of origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the Company, and all its
officers, directors, agents, employees, information providers, affiliates, licensors and
licensees from and against any and all liabilities, claims, penalties, losses, damages,
cost and expense (including court costs and reasonable attorneys fees, interest
expense and amounts paid in compromise or settlement), suits or actions arising out of or
resulting from any breach by you of this Agreement, including the foregoing
representations, warranties and covenants. You shall cooperate as fully as reasonably
required in the defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the other World Wide Web
Internet sites and resources operated and controlled by parties other than the Company.
Links to and from the Web Site to such third party sites do not imply or constitute an
endorsement by the Company of any third party material or contents.
(9) The Company does not represent or endorse the accuracy or reliability of any advice,
opinion, statement or other information displayed or distributed through the Web Site. You
acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. The Company reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of the Web Site.
(10) The Company reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or government request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, that in the Company's sole
discretion are objectionable or in violation of this Agreement.
(11) THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS
IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE
MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH
OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE
OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB
SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR
THAT DEFECTS WILL BE CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB
SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED
THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEDING LIMITATION MAY NOT APPLY
TO YOU.
(12) Some comments and information on the WEB Site may be based upon the Companys
managements current expectations, estimates and/or projections about the
Companys markets and industries. These statements about the Company are
forward-looking statements which are not guarantees of future performance and involve
certain risks, uncertainties and assumptions that are difficult to predict. Therefore,
actual outcomes and results may differ from what is expressed or forecasted. Among the
factors that could cause actual results to differ are uncertainties in competitive pricing
pressures, general domestic and international economic conditions and market demand.
(13) By posting messages, uploading files, inputting data or engaging in any other form of
communication (individually or collectively "Communications") to the Web Site,
you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit
such Communications, in all media now known or hereafter developed. You hereby waive all
rights to any claim against the Company for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights and rights of
attribution in connection with such Communications.
(14) You acknowledge that Communications involving the Web Site are not confidential and
that Communications may be read or intercepted by others. You acknowledge that by
submitting Communications to the Company, no confidential, fiduciary, contractually
implied or other relationship is created between you and the Company other than pursuant
to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE
AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING
OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT
LOCATED IN THE STATE OF VIRGINIA.
(16) The Company has a long standing policy that does not allow it to accept or consider
creative ideas, suggestions or materials other than those which have been specifically
requested or otherwise affirmatively solicited by the Company in writing. It is the intent
of this policy to avoid possible misunderstandings as to the ownership of creative ideas,
concepts, suggestions or materials. If you send any creative materials, suggestions,
ideas, notes, drawings, concepts or other information (collectively known as the
Information) to the Company in printed form, electronic means or otherwise,
the Information shall be deemed to be the property of the Company and shall not be subject
to any obligations of confidence, non-disclosure or non-usage. The Company is hereby
entitled to unrestricted usage of the Information on a worldwide basis without
compensation to the provider of the Information.
(17) This Agreement constitutes the entire agreement between the Company and you with
respect to your use of and access to the Web Site. This Agreement supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
you and the Company with respect to the Web Site. Use of the Web Site is unauthorized in
any jurisdiction that does not give effect to all of the terms and conditions of this
Agreement. Any cause of action you may have with respect to your use of and access to the
Web Site must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement,
or portion thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give legal effect to the intent of the Agreement, and the
remainder of this Agreement shall continue in full force and effect. A printed version of
this Agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement or the Web Site to
the same extent and subject to the same conditions as other business documents and records
generated and maintained in printed form by the Company. The failure of the Company to
enforce any provision of this Agreement shall not be deemed a waiver of such provision nor
bar the Companys right to enforce the provision.
Any rights not expressly granted herein are reserved.
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