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1. DESCRIPTION OF SERVICE
By entering your email or signing up for an account
with Strategic Financial Publishing, Inc. (the Site) you agree to be bound
by the most current version of these Terms of Use. The
site may modify or change these Terms of Use at any
time. You are responsible for continual monitoring of
these Terms of Use for any changes or modifications.
Strategic Financial Publishing, Inc. lets users have access to various
third-party websites, online gaming sites, branded content,
and sweepstakes and prize offers through its network
of third-party party websites or databases (the "Site").
You also understand and agree that the Site may include
advertisements and these advertisements are necessary
for Strategic Financial Publishing, Inc. to provide the Site. You also
understand and agree that the service may include certain
communications from Strategic Financial Publishing, Inc., such as third-party
advertisements and offers, and that these advertisements
and offers are necessary for Strategic Financial Publishing, Inc. membership
and you will not be able to opt out of receiving them
unless you unsubscribe. This Terms of Use document shall
cover any future additions to the Site or to Strategic Financial Publishing, Inc.’s website. You are responsible for storing
all of your access information for the Site. You are
responsible for all costs to access the Site, which
include but are not limited to Internet connection fees,
your personal computer, and telephone costs.
These Terms and Conditions,
in connection with the other obligations and rules detailed
in writing on the Site, constitute the entire agreement
between you and the Site and cannot be modified by you.
These Terms and Conditions cannot be modified on an individual
basis by any person affiliated, or claiming affiliation,
with the Site. Nothing in this subsection will prevent
the Site from modifying the terms of these Terms and Conditions
and posting such modifications on the Site.
If any portion of these
Terms and Conditions is deemed void or unenforceable,
then that provision shall be deemed severable from these
Terms and Conditions and shall not affect the validity
and enforceability of the remaining provisions.
2. CONDITIONS AND OBLIGATIONS
Eligibility (United States)
To open an account and/or participate in this Product
or Site, you must:
a) be a natural person, at least 18 years old, who
is assigned to the e-mail address submitted on your
account registration form;
b) be physically located within the U.S.; and
c) be physically located in a U.S. state in which
purchasing or using this Product is unrestricted by
law.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.1b Eligibility (Non-U.S.)
a) be a natural person,
at least 18 years old, who is assigned to the e-mail address
submitted on your account registration form. If you are
a U.S. resident, make sure you are not from one of the
restricted states. VOID WHERE PROHIBITED OR RESTRICTED
BY LAW.
You are subject to all laws of the state, province
and/or country in which you reside and from which you
access the Site and are solely responsible for obeying
those laws. You agree the Site cannot be held liable
if laws applicable to you restrict or prohibit your
participation. The Site makes no representations or
warranties, implicit or explicit, as to your legal right
to participate in any tournament offered on the Site
nor shall any person affiliated, or claiming affiliation,
with the Site have authority to make any such representations
or warranties.
The Site reserves the right to monitor the location
from which you access the Site and to block access from
any jurisdiction other than the U.S., or any jurisdiction
in which participation is illegal or restricted.
2.3 Acknowledgment of Proprietary
Rights
By registering for to become a member/or entering your
email on the Site, you acknowledge that all information
contained on the Site may be protected, in all forms
and media, by one or more valid copyrights, patents,
trademarks, trade secrets, or other proprietary rights,
and that all such rights are owned by the Site. You
may not modify, publish, participate in the transfer
or sale of, create derivative works from, or in any
way exploit this information, except that you may download
one copy for your personal, non-commercial home use
only, provided you keep intact all copyright and other
proprietary notices. The Site neither warrants nor represents
that your use of materials displayed on the Site will
not infringe rights of third parties. While the Site
uses reasonable efforts to include accurate and up-to-date
information, the Site makes no warranties or representations
as to its accuracy. The Site assumes no liability or
responsibility for any errors or omissions in the content
of the Site.
Any communication or material you transmit to the Site
by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like, is and
will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by the Site
or its affiliates for any purpose, including, but not
limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, the
Site is free to use any ideas, concepts, know-how or
techniques contained in any communication you send to
Site for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products
using such information, without any additional compensation
to you.
You also agree to provide
accurate and true information about yourself to the Site.
You understand that you must continue to provide current
and updated information that is complete and accurate
over the course of time. If you provide inaccurate or
incomplete information about yourself Strategic Financial Publishing, Inc.
has the right to terminate or suspend your account and
may refuse to provide you service in the future without
reason.
3. Registration Obligations
The trademarks, logos, and service marks (collectively
the “Trademarks”) displayed on the Site,
including the names of all games and puzzles, are registered
and unregistered Trademarks of the Site and/or others.
Nothing contained on the Site should be construed as
granting, by implication, estoppel or otherwise, any
license or right to use any Trademark displayed on the
Site without the written permission of the Site or such
third party that owns the Trademark displayed on the
Site. Your misuse of any Trademark displayed on the
Site, or any other content on the Site, except as provided
in these Terms and Conditions, is strictly prohibited.
You are also advised that the Site will aggressively
enforce its intellectual property rights to the fullest
extent of the law, including the seeking of criminal
prosecution where appropriate.
These Terms and Conditions will be governed and construed
in accordance with the laws of the State of Indiana,
irrespective of any principles of conflicts of law.
By registering for an
account on the Site, you agree that any dispute that cannot
be resolved between the parties shall be resolved individually,
without resort to any form of class action. You further
agree that any legal action arising from any dispute shall
proceed only in the state or federal courts located in
the state of Indiana, and you hereby submit to personal
jurisdiction and venue in such courts for the purposes
of litigating any such action.
SECTION TWO -
4. Promotional Activities
By registering for an
account, you agree that the Site may display your name.
By accepting any prize from the Site, you agree to allow
the Site to print, publish, broadcast and use, worldwide,
in any media and at any time, your name, picture, voice,
likeness, and/or biographical information for promotional
purposes without additional compensation.
If you send comments
or suggestions, including, but not limited to, notes,
text, drawings, or computer programs, to the Site, such
submissions shall become, and shall remain, the sole property
of the Site. No submission shall be subject to any obligation
of confidence on the part of the Site. The Site shall
exclusively own all rights to, and shall be entitled to
unrestricted use of, all such submissions without compensation
to you.
4.3 Accuracy of Information
You represent and warrant
that all information you supply to the Site is complete
and accurate. Knowingly submitting incomplete or inaccurate
information will result in immediate termination of your
account and forfeiture of any prizes to which you are
otherwise entitled.
The Site will not intentionally
disclose any personally identifying information about
you (including information submitted on the application
form, your social security number, your e-mail address,
information obtained by the Site from cookies, and information
regarding your IP address) to third parties without your
consent except where the Site, in good faith, believes
such disclosure is necessary to comply with the law or
to enforce these Terms and Conditions or other rules of
the Site. Your acceptance of any prize from the Site constitutes
consent for the Site’s disclosure of personal information
as described in Section 2.5. The Site reserves the right
to collect general demographic and other market information
that does not personally identify you to any person without
additional consent.
The Site is vigorously
against the practice commonly referred to as “Spam”.
Users who are reported and whose claims of “Spam”
are validated by the Site, will have their respective
accounts either immediately TERMINATED or SUSPENDED, at
the sole discretion of the Site. The Site defines “Spam”
as:
-
Electronic mail messages
addressed to a recipient with whom the initiator does
not have an existing business or personal relationship
or is not sent at the request of, or with the express
consent of, the recipient;
-
Messages posted to
Usenet and message boards that are off-topic (unrelated
to the topic of discussion), cross-posted to unrelated
newsgroups, or posted in excessive volume;
-
Solicitations posted
to chat rooms, or to groups or individuals via Internet
Relay Chat or “Instant Messaging” system
(such as ICQ);
SECTION THREE - LIMITATION ON LIABILITY
5. General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING
IN ANY TOURNAMENT, GAME, OR SWEEPSTAKES THROUGH THE
SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR
ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS,
OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER
AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS,
OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM
THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE
TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION
OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility, and shall
not be liable for, any damages to, or viruses that may
infect, your computer equipment or other property on
account of your access to, use of, or browsing in the
Site or your downloading of any materials, data, text,
images, video or audio from the Site.
ALL GOODS AND SERVICES
PROVIDED ON THE SITE ARE PROVIDED “AS IS”,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING
AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH
WARRANTIES.
You agree that the Site is not liable for any loss
caused by any unauthorized use of your credit card or
other method of payment by a third party in connection
with the Site.
Any attempt to defraud the Site through the use of
credit cards or other methods of payment, regardless
of the outcome, or any failure by you to honor legitimate
charges or requests for payment will result in immediate
termination of your account, forfeiture of any prizes
to which you are otherwise entitled, and civil and/or
criminal prosecution.
5.4 Hacking, Tampering, or Unauthorized
Access
By registering for an account and/or participating
in any tournament offered on the Site, you agree that
the Site is not responsible for any damage, loss, or
injury resulting from hacking, tampering, or other unauthorized
access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site’s
systems or any account, interfere with procedures or
performance of the Site, or deliberately damage or undermine
the Site is subject to civil and/or criminal prosecution
and will result in immediate termination of your account
and forfeiture of any prizes to which you are otherwise
entitled.
Any attempt to participate
in any tournament offered on the Site by means of automatic,
macro, programmed, or similar methods, or to otherwise
commit fraud with regard to the Site, will result in civil
and/or criminal prosecution, termination of your account,
and forfeiture of all prizes to which your are otherwise
entitled.
5.5 Accounts for Individual
Use Only
You, as the holder of
your account, are solely responsible for all obligations
and (assuming compliance with all other Terms and Conditions
of the Site) entitled to all benefits accruing thereto.
You may not allow any other person to access your account,
or access the Site using your account information. Your
account is not transferable to any other person. By registering
and/or participating in any tournament offered on the
Site, you agree to indemnify, defend, and hold the Site
harmless from or for any claims, liability, damages, and/or
costs (including attorneys' fees) arising from any use
of your account by any person.
The Site reserves the
right to terminate your account at any time with out reason
or cause.
6. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will be given a user
name and password when you register for an account. You
are solely responsible for maintaining the confidentiality
of your account and password. You are responsible for
all actions that occur under your account. You understand
that you must notify Strategic Financial Publishing, Inc., Inc. if any unauthorized
access or use of your password or account within 24-hours
from time of discovery. Strategic Financial Publishing, Inc., Inc. is not
liable for any loss, damage, or illegal activity that
occurs from illegal or unauthorized use of your account.
You agree to indemnify
and hold Strategic Financial Publishing, Inc. and Strategic Financial Publishing, Inc., Inc.,
and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any injury
or claim you receive or through your actions is brought
against you by using, your connection with the Site or
your violation of the Terms of Use.
8. MODIFICATIONS TO SERVICE
Strategic Financial Publishing, Inc., Inc.
reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the
Service or Product (or any part thereof) with or without
notice. You agree to not hold Strategic Financial Publishing, Inc., Inc liable
for any modifications, discontinuation, or termination
of the Site.
9. THIRD-PARTY WEBSITES &
LINKS
Strategic Financial Publishing, Inc., Inc
may provide links to external websites or resources on
the Internet. Strategic Financial Publishing, Inc., Inc. has no control over
these external websites or resources and you agree that
Strategic Financial Publishing, Inc., Inc. is not responsible or liable for
availability, content, or products from any third-party
websites. You agree that Strategic Financial Publishing, Inc., Inc is not
responsible or liable for any damage or loss caused by
your use of any content, products, or services through
these third-party websites.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Strategic Financial Publishing, Inc., INC. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON- INFRINGEMENT.
b. Strategic Financial Publishing, Inc., INC. MAKES NO WARRANTY THAT (i)
THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND
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 ANY SUCH MATERIAL.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT Strategic Financial Publishing, Inc., INC. SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Strategic Financial Publishing, Inc.,
INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SITE.
12. Waiver & Statue of Limitations
The failure of Strategic Financial Publishing, Inc., Inc or Strategic Financial Publishing, Inc. to exercise or enforce any right or provision
of the Terms of Use shall not constitute a waiver of
such right or provision.
Statute of Limitations. You agree that regardless of
any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service
or the Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever
barred.
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