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Terms of Use
PLEASE READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING THIS SITEOR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. This site is subject tothe the Terms, which may be updated by us from time to time without notice toyou. In addition, you shall be subject to any posted guidelines or rulesapplicable to the Site which may be posted from time to time. All suchguidelines or rules are hereby incorporated by reference into these Terms.
1. Registration
You are granted the limited right to view and use the Site only for thepurposes of viewing or playing content such as films or games, placing productorders or for accessing information and services. We reserve the right tosuspend or deny, in its sole discretion, your access to all or any portion ofthe Site.
2. Limited License To Site
If you violate these Terms, we may terminate or cancel your access rights tothe Site immediately without notice. We may also block your use of the Site. Wereserve the right at any time to modify or discontinue the Site or any partthereof and you agree that we shall not be liable to you or to any third partyfor any modification, suspension, or discontinuance of the Site or any partthereof. This license is limited to personal and non-commercial uses by you. Anyrights not expressly granted to you herein are reserved to us. Any minor should seek consent of his orher legal guardian before using this site. Unless you have received specificwritten permission from us, you may not (a) "frame" or otherwise imposeeditorial comment, commercial material or any information or content on, or inproximity to, content displayed on the Site or (b) alter or modify any contenton the Site. Without limiting other restrictions, you agree not to reproduce,transmit, sell, or otherwise exploit the Site for any commercial purpose.
You acknowledge that we do not pre-screen any Materials posted by you or otherusers, but that we and our designees shall have the right (but not theobligation) in our sole discretion to refuse or remove any Materials. Withoutlimiting any of our rights, we and our designees shall have the right to removeany Materials that violate the Terms or are otherwise objectionable, as well asterminate your access to the Site. You agree that we have no liability orresponsibility for the storage or deletion of any Materials that you or anyother persons submit or post. We reserve the right to change these generalpractices and limits at any time in our sole discretion.
3. Submitted Content:
License Grant and Warranties
Unless you enter into a separate agreement with us, such as a purchaseagreement or a contest, we do not claim ownership in Materials you submit,however, by submitting Materials in any form to us, in addition to otherprovisions of the Terms, you automatically grant us, and its successors,assigns, and licensees and parent, subsidiary and other affiliated entities , anon-exclusive, fully-paid, world-wide, perpetual, royalty-free license topublicly display, publicly perform, distribute, and reproduce the Materials inany manner and in any medium, including, without limitation, through physicalcopies such as still photos, videos, and CDs, by television by any means, on orvia the Internet, including, without limitation, the World Wide Web, and anyother two-way transmission control protocol / internet protocol (TCP/IP) baseddistribution network or similar networks or technologies now known or hereafterto become known, including, but not limited to, delivery via such a network topersonal computers, hand-held devices, and television set-top boxes throughtelephone or cable lines, or wirelessly through broadband, satellite, cellularor terrestrial broadcast networks and other similar networks or technologieswhether now existing or hereafter developed. You obtain no rights in any form,media, or technology incorporating the Materials. You represent and warrant that(i) you have the legal right and authority to grant the rights granted herein,(ii) neither the Materials nor exercise of the rights granted to us under thisAgreement, including, without limitation, the public display, publicperformance, distribution, or reproduction of the Materials, or portions orderivative works thereof, will violate or infringe upon the copyright, literary,privacy, publicity, trademark, service mark or any other personal, contractualor property right of any person or entity anywhere in the world, (iii) theMaterials do not constitute a libel or defamation of any third party, and (iv)you are the sole owner of the Materials and all rights therein, and that theMaterials are original to you.
4. Password And Security
You are responsible for maintaining the confidentiality of YOUR password andaccount, and are fully responsible for all activities that occur under yourpassword or account. You agree to immediately notify us of any unauthorized useof your password or account or any other breach of security. You acknowledge,consent and agree that we may access, preserve, and disclose your accountinformation and Material if required to do so by law or in a good faith beliefthat such access preservation or disclosure is reasonably necessary to: (a)comply with legal process; (b) enforce these Terms; (c) respond to claims thatany Materials violates the rights of third-parties; (d) respond to your requestsfor customer service; or (e) protect the rights, property, or personal safety ofus, our users and the public. You understand that the technical processing andtransmission involved in interacting with the Site, including the transmissionof Materials, may involve (a) transmissions over various networks; and (b)changes to conform and adapt to technical requirements of connecting networks ordevices. You understand that the Site may include security components thatpermit digital materials to be protected, and use of these materials is subjectto usage rules set by us and/or content providers who provide content to theSite. You may not attempt to override or circumvent any of the usage rulesembedded into the Site.
5. User accounts
coming soon...
6. Contests And Rating Content
From time to time, we may conduct contests in which we may award variousprizes. You agree that if you participate in any contest, you will abide by allthe rules and be subject to all the terms and conditions of such contest, inaddition to these Terms. You agree that you shall only rate each individualinstance of content on our Site, such as videos, still pictures, flashanimation, games and joke only once.
7. International Use
Recognizing the global nature of the Internet, you agree to comply with alllocal rules regarding online conduct and acceptable Materials. Specifically, youagree to comply with all applicable laws regarding the transmission of technicaldata exported from the United States or the country in which you reside.
8. Indemnity
You agree to indemnify and hold us, affiliates, officers, agents, partners andemployees harmless from any claim or demand, including reasonable attorneysfees, arising out of your content and materials, your use of the Site, yourviolation of these Terms or your violation of any third party's rights includingsuch party's copyrights and trademarks.
8a. Disclaimer Of Warranties THE SITE AND RELATED APPLICATIONS, MATERIALS ANDSERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALLRISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALLWARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITYOF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTSCONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY,TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANYDUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE INCONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISKAS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITHTHE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. IN ADDITION, WEDISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT INCONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION. SOME STATES DONOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVELIMITATION MAY NOT APPLY TO YOU.
9. Assumption of Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARESUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE ORERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITEARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANYDAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTSBY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOUMAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE ORREFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OFANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENTPROVIDER ON THE SITE.
10. No Incidental, Consequential Or Certain Other
Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OURAFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANYCONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS,LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANYDUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHERINDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARERELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OFTHESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ANDEVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTLIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Limitation Of Liability And Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY US OR ANY OFOUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION ORREPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TODAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THEAMOUNT THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMSSHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Links; Advertisers
The Site contains links to third party sites that are not under our control andwe not responsible for any content on any linked site. If you access a thirdparty site from the Site, then you do so at your own risk. We provide links onlyas a convenience and the inclusion of the link does not imply that we endorse oraccept any responsibility for the content on those third party sites.Additionally, your dealings with or participation in promotions of advertisersfound on the Site, including payment and delivery of goods, and any other terms(such as warranties) are solely between you and such advertisers. You agree thatwe shall not be responsible for any loss or damage of any sort relating to yourdealings with such advertisers.
13. General Practices Regarding Use And Storage
You acknowledge that we may establish general practices and limits concerninguse of the Service, including without limitation the maximum number of days thatMaterials will be retained by the Site, the maximum number of Materials that maybe sent from or received by an account, the maximum size of any Materials, themaximum disk space that will be allotted to you, and the maximum number of times(and the maximum duration for which) you may access the Site in a given periodof time. You acknowledge that we reserve the right to log off accounts that areinactive for an extended period of time.
14. Our Proprietary Rights
You acknowledge and agree that the Site and any necessary software used inconnection with the Service ("Software") contain proprietary and confidentialinformation that is protected by applicable intellectual property and otherlaws. You further acknowledge and agree that content contained in sponsoradvertisements or information presented to you through the Site or advertisersis protected by copyrights, trademarks, service marks, patents or otherproprietary rights and laws. Except as expressly authorized by us oradvertisers, you agree not to modify, rent, lease, loan, sell, distribute orcreate derivative works based on the Site or the Software, in whole or in part.We grant you a personal, non-transferable and non-exclusive right and license touse the object code of its Software on a single computer; provided that you donot (and do not allow any third party to) copy, modify, create a derivative workof, reverse engineer, reverse assemble or otherwise attempt to discover anysource code, sell, assign, sublicense, grant a security interest in or otherwisetransfer any right in the Software. You agree not to modify the Software in anymanner or form, or to use modified versions of the Software, including, withoutlimitation, for the purpose of obtaining unauthorized access to the Site.
15. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, thereshall be no third party beneficiaries to this Agreement.
16. Violations
Please report any violations of these Terms to us at admin[at]findtail.com.