Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
AllAboutCookies is informational site for digital security. We provide free information and content to consumers on digital security. You are responsible for your digital security. We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Service Provider.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 15) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
2. User-Generated Content
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website ("Your Content"). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant AllAboutCookies a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. AllAboutCookies and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify AllAboutCookies for all claims relating to Your Content.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. AllAboutCookies has the right, but not the obligation, to monitor and edit or remove any activity or content. AllAboutCookies takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
3. User Conduct
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
i. copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
ii. modify, distribute, or re-post any content on the Website for any purpose; or
iii. use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
i. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
ii. not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
iii. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
iv. not to use, frame, or utilize framing techniques to enclose any AllAboutCookies trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without AllAboutCookies' express written consent;
v. not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
vi. not to use meta tags or any other "hidden text" utilizing a AllAboutCookies name, trademark, or product name without AllAboutCookies' express written consent;
vii. not to deeplink to the Website without AllAboutCookies' express written consent;
viii. not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
ix. not to collect or store personal data about others;
x. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
xi. not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you; and
xii. to comply with all applicable laws regarding your use of the Website
4. Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of AllAboutCookies' or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
5. Disclaimer Regarding Information Provided on the Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS DIGITAL SECURITY ADVICE. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED DIGITAL SECURITY ADVISOR FAMILIAR WITH YOUR UNIQUE FACTS.
AllAboutCookies AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE AllAboutCookies STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, AllAboutCookies CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
ANY QUIZZES AND QUIZ RESULTS ARE FOR ENTERTAINMENT PURPOSES ONLY. QUIZ RESULTS DO NOT DIGITAL SECURITY ADVICE AND ARE NOT DESIGNED TO OFFER OR MARKET ANY SPECIFIC PRODUCT OR SERVICE.
6. You Are Responsible for Your Digital Security Decisions
We and our affiliates, through the Services, may provide a venue through which you can obtain information and you can find third-party service providers ("Service Providers"). We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider's products or services. We urge you to obtain the advice of qualified professionals who are fully aware of your individual circumstances before you make any digital security decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
7. You Acknowledge and Agree that We are Not a Service Provider
Instead, we, through our Services, may help to connect you with Service Providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you.
8. No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services
We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available.
9. You Do Not Pay Fees to Us
Unless you are a Service Provider or order a specific service through our Services, we do not charge you a fee to use our Services. Service Providers may pay us fees for services and to be matched with users of our Services, however. We are not involved with and are not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services, including any fees charged by a Service Provider.
10. Disclaimer of Warranties With Respect to Use of the Website
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AllAboutCookies EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AllAboutCookies DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AllAboutCookies MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AllAboutCookies OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. Links to Other Websites That AllAboutCookies Does Not Control
12. Communications with AllAboutCookies
You verify that any contact information provided to AllAboutCookies, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to AllAboutCookies.
You consent to receive e-mails by or on behalf of AllAboutCookies relating to this Agreement, any purchase or transaction with AllAboutCookies, matters related to your account, and promotions regarding AllAboutCookies products.
AllAboutCookies may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing.
13. Limitation on AllAboutCookies' Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AllAboutCookies, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless AllAboutCookies, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to AllAboutCookies that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
15. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. "Claim" means any dispute between you, All About Privacy, LLC, and/or any involved third party relating to your account or information you provide. All About Privacy, LLC agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against All About Privacy, LLC. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. Sections 1-16, as amended.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and All About Privacy, LLC both retain the right to pursue, in a small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. All About Privacy, LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against All About Privacy, LLC, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to All About Privacy, LLC, 455 NE 5th Avenue, #D-295, Delray Beach, FL 33444. You agree to negotiate with All About Privacy, LLC in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Buzzery's receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and All About Privacy, LLC agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and All About Privacy, LLC agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
Arbitration Fees. All About Privacy, LLC shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although All About Privacy, LLC may have a right to an award of attorneys' fees and expenses under some laws if it prevails, All About Privacy, LLC agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator's ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability. This provision survives termination of your account or relationship with All About Privacy, LLC, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and All About Privacy, LLC and shall not be modified except in writing by All About Privacy, LLC.
Amendments. All About Privacy, LLC reserves the right to amend this arbitration provision at any time. Your continued use of any All About Privacy, LLC Website, purchase of a All About Privacy, LLC product, or use or attempted use of a All About Privacy, LLC product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, All About Privacy, LLC will provide you notice and an opportunity to opt-out. Your continued use of any All About Privacy, LLC Website, purchase of a All About Privacy, LLC product, or use or attempted use of a All About Privacy, LLC product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST ACCESSED THE SITE BY WRITING TO All About Privacy, LLC, 455 NE 5TH AVENUE #D-295, DELRAY BEACH, FL 33444. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED AND DATED WRITTEN NOTICE THAT DETAILS SUCH OPT-OUT.
16. Termination of Website
You agree that AllAboutCookies may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that AllAboutCookies, in its sole discretion, deems appropriate. You further agree that AllAboutCookies will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on AllAboutCookies' liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
17. Remedies for AllAboutCookies
In order to avoid irreparable injury to AllAboutCookies, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting AllAboutCookies from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
18. Modifications to the Agreement
19. Trademark Notices
AllAboutCookies is a trademark of All About Privacy, LLC. All other trademarks and service marks displayed on the Website are the property of AllAboutCookies or their respective owners. You may not use or display any trademarks or service marks owned by AllAboutCookies without AllAboutCookies' prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
20. Copyright Policy
We abide by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on our servers or website that is claimed to be infringing, in which case we will make a good-faith effort to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
We do not control content hosted on third party websites, and cannot remove content from websites we do not own or control. Of you are the copyright owner of content hosted on a third party website, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
The following notice requirements are intended to comply with our rights and obligations under the DMCA and section 512 (c) and should not be construed as legal advice.
To file a notice of infringing material on AllAboutCookies.com, please provide a notification containing the following details:
1. Reasonably sufficient details to enable us to identify the work claimed to be infringed including (for example, the title, author, any registration or tracking number, etc.);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing including, at a minimum, the URL (i.e., a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.
Send the notice to:
Adam Z. Solomon
Attn: DMCA Complaints
43 West 43rd Street, Suite 245, New York, NY 10036
Email: [email protected]
If material that you have posted to AllAboutCookies.com has been taken down, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of the Federal District Court for judicial
district in which your address is located or, if your address is outside of the USA, for any judicial district in which we may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
5. Your physical or electronic signature.
Send the notice to:
Adam Z. Solomon
Attn: DMCA Complaints
43 West 43rd Street, Suite 245, New York, NY 10036
Email: [email protected]
21. Experience Contributor Terms & Conditions
By using or visiting the Website or any of the Company’s other websites or the Website’s products, software, data feeds or services, the party using this Website, contributing materials to this Website and contributing Content (defined herein) and other materials (“Contributor”) signifies and affirms his or her agreement to the undersigned terms and conditions. Contributor seeks to submit to Company written text, images, stories, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features, videos, software, data feeds, pictures, other media and other materials which may be contributed (collectively, “Content”) and Company shall edit and modify the Content to create a story with the Content as well as other purposes. Company shall not owe any consideration to Contributor for the use or re-use of the Content at any time. Contributor hereby grants to Company a perpetual, royalty free, worldwide, non-terminable, modifiable license to use the Content and any portions thereof in any forum and for any reason including, without limitation, on the Website, any other websites owned directly or indirectly by Company or its affiliates or subsidiaries and in any medium, any advertisements, videos, television, online publications (“Permitted Use”). The Permitted Use granted to Company shall be assignable and Company shall be entitled to sell, re-sell, license and sublicense the Content to any party. In addition to the foregoing, Contributor hereby contributes the Contributor’s likeness and image and the likeness and images of any other parties featured in the Content to Company in perpetuity through any of Company’s or its affiliates’, third parties or other parties’ media, magazines and videos uploaded to the Internet including, without limitation, any moral rights, trademarks and copyrights in the Content. The Permitted Use is hereby granted to Company without any consideration due or owing from Company including, without limitation, no royalties, commissions or other compensation and Contributor hereby waives any rights to seek any consideration and waives any rights of its minor children to seek consideration or compensation for the use of the Content or components thereof in any manner. Contributor hereby agrees that Company shall be entitled to modify the Content or components thereof or use the Contents, sell, re-sell or sublicense any the Content and any components thereof in conjunction with other media, content, videos whether for Company’s commercial use or otherwise without tendering to Contributor any consideration or compensation including, without limitation, any publishing, publicity, illustration, advertising or other web content. The term Content shall also contain any and all text, images, videos, pictures and other media previously submitted to Company by Contributor.
Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. Contributor acknowledges that the Content and any components thereof do not infringe on the rights of any other parties including, without limitation, any intellectual property rights of any parties. Contributor shall not be permitted to use any content that is licensed to Company or its affiliates or belongs to Company including, without limitation, any text, images, stories, videos, pictures or other media, technology, headcounts, capabilities, employees, data, trade secrets or other Confidential Information (defined herein). Contributor acknowledges that he or she has consulted with counsel in the review of this Agreement. The Website may contain links to third party websites that are not owned or controlled by Company and Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Website, Contributor expressly relieves Company from any and all liability arising from his o her use of any third-party website. Contributor agrees not to use the Content or any other Content modified by Company or provided on the Website and any other content provided on the Website for any of the following commercial uses: the sale of access to the Website, the sale of advertising, sponsorships, or promotions placed on or within the Website or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered through the Website or any other Content modified by Company or placed on the Website. Contributor agrees not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. Contributor understands that when using the Website, Contributor will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. Contributor further understands and acknowledges that Contributor may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and Contributor agrees to waive, and hereby does waive, any legal or equitable rights or remedies Contributor has or may have against Company with respect thereto, and, to the extent permitted by applicable law. Contributor acknowledges that he or she uses the Website at Contributor’s own risk and assumes any and all liabilities arising therefrom. The term of this Agreement shall be perpetual and the license granted to Company shall be non-terminable and shall survive the termination of this Agreement for any reason or cessation of the use of the Website by Contributor. Contributor is not an employee, contractor or affiliate of Company and is not entitled to any stock, compensation, options or any other compensation in any form from Company. Contributor hereby affirms that Contributor is over the age of Eighteen. Contributor represents and warrants that he or she is not restricted or prohibited, contractually or otherwise, from entering into and performing this Agreement, and that its execution and performance of this Agreement is not a violation or breach of any other agreement between Contributor and any other person or entity. The Website and any content contained therein is being provided as is without any warranty from Company. In no event shall Company be liable to Contributor or Contributor’s representatives, family members, heirs or beneficiaries for any incidental, consequential, special, exemplary or punitive damages of any kind. Contributor also agrees that Company’s entire liability to Contributor and Contributor’s heirs, family members and beneficiaries for any cause of action under this Agreement, regardless of the form shall, in the aggregate, be limited to One Hundred Dollars.
Contributor acknowledges that Company is engaged in a business which involves the use of Confidential Information (defined herein), trade secrets and intellectual property and that Contributor will be given access to or may become acquainted with such Confidential Information, trade secrets and intellectual property. During the Term and following termination of this Agreement for any reason with Company or expiration of this Agreement on a perpetual basis, Contributor shall not directly or indirectly publish, disseminate, use, disclose, divulge, communicate, use to the detriment of Company or for the benefit of any other person or persons, or misuse in any way, any Confidential Information (as hereinafter defined) pertaining to the business of Company. Any Confidential Information or data now or hereafter acquired by Contributor with respect to the business of Company shall be deemed a valuable, special and unique asset of Company that is received by Contributor in confidence and as a fiduciary. For purposes of this Agreement “Confidential Information” includes, without limitation, in addition to any materials or terms specifically designated by Company as such and other information relating thereto, the following: software, records or background information, trade secrets, Content, patents and trademarks and customer and vendor lists. Contributor acknowledges that the Confidential Information is solely owned by Company. This Agreement shall inure to the benefit of and shall be binding upon the Parties hereto, their personal representatives, successors, heirs and assigns. Contributor may not assign Contributor’s rights or benefits, or delegate any of Contributor’s duties, hereunder. This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof. It supersedes all prior negotiations, letters and understandings related to the subject matter hereof. This Agreement may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the Party or Parties against whom enforcement of any such amendment, supplement or modification is sought. This Agreement will be interpreted, construed and enforced in accordance with the laws of the State of Florida, without giving effect to the application of the principles pertaining to conflicts of law. The Parties agree that this Agreement, and any controversies of any nature whatsoever arising under or relating to this Agreement, shall be subject to the exclusive jurisdiction and venue of the state courts located in Palm Beach County, Florida and Parties waive any right to contest the jurisdiction of these courts including, without limitation, the defense of forum non-conveniens. In the event that either Party hereto commences litigation against the other Party to enforce such Party’s rights hereunder or defend its rights, except as otherwise set forth herein, the prevailing Party shall be entitled to recover from the non-prevailing Party all costs, expenses and fees including, without limitation, reasonable attorneys’ fees, paralegals’ fees and legal assistants’ fees through a trial or other proceeding and all appeals.
22. Other Important Terms
Last Updated: May 4th, 2022