SurvivorSweat Terms of Use
Introduction
SurvivorSweat.com currently provides users with access to a rich collection of resources, including, various communication tools, shopping services, personalized content and branded programming through its network of properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SurvivorSweat.com to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SurvivorSweat.com properties, shall be subject to the these Terms of Use. You understand and agree that the Service is provided “AS-IS” and that SurvivorSweat.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
The information and services contained at this site are for news and entertainment purposes only. Any use of the information or services in violation of any federal, state, or local laws is prohibited.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using any SurvivorSweat.com or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.
Use of Content
All information, materials, functions and other content (“Content“) contained on SurvivorSweat.com are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the SurvivorSweat.com Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any SurvivorSweat.com Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the SurvivorSweat.com Site. Any business use, “re-mailing” or high-volume or automated use of the SurvivorSweat.com Site is prohibited.
In the event that we offer downloads of software on a SurvivorSweat.com Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Content Accessible Through Links From SurvivorSweat.com and Search Results
You should be aware that when you are on SurvivorSweat.com, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different Terms of Use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from SurvivorSweat.com or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
SurvivorSweat.com contains online gaming site links. The linked sites offer opportunities to learn and enjoy gaming by providing articles, odds, and play money games. SurvivorSweat recommends these sites for those purposes only.
As a US citizen, you are subject to the laws of the country, state, city and other legal entity (collectively “Jurisdiction”) in which you reside and/or from which you access the Site. Playing at the Site may not be legal for residents of, or persons present in certain Jurisdictions and it is your responsibility to determine the laws of thereof. We make no representation or warranty, express or implied, as to the lawfulness of your participation at these sites. You agree that clicking on the link to the Site does not constitute an offer, solicitation or invitation by us to play in any Jurisdiction in which such activities are prohibited or restricted. Further, you understand and accept that SurvivorSweat is unable to provide any third party assurances; you agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your participation at the Sites. Offers to participate at these Sites is VOID where prohibited by law.
We May Discontinue or Suspend Our Site or Terminate Your Use
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that SurvivorSweat shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that SurvivorSweat, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
Your Use of Our Content is Restricted
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon.
We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of SurvivorSweat. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, SurvivorSweat is not undertaking any obligation or liability relating to the content. SurvivorSweat and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. SurvivorSweat and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, SurvivorSweat reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms of Use or Any Breach by You of Your Representations and Warranties
You agree to indemnify and hold harmless SurvivorSweat and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Disclaimers
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO SURVIVORSWEAT.COM OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM SURVIVORSWEAT.COM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SURVIVORSWEAT.COM SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Indemnification
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of SurvivorSweat.com and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SURVIVORSWEAT.COM SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SURVIVORSWEAT.COM SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SURVIVORSWEAT.COM SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO SURVIVORSWEAT.COM OR CHANGE SURVIVORSWEAT.COM OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Jurisdictional and Venue Issues
You agree that any action at law or in equity arising out of or relating to these Terms of Use or SurvivorSweat.com shall be filed, and that venue properly lies, only in state or federal courts located in Clark County, Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on SurvivorSweat.com is appropriate or available for use in any particular location. Those who choose to access a SurvivorSweat.com Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Amendment
At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
General Provisions
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY SURVIVORSWEAT.COM SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.