Terms of Service for ScoobyEnthusiast.com

Last Updated: October 19, 2010

GENERAL RULES AND DEFINITIONS

Scoobyenthusiast.com service (the "Service") and its affiliate sites (the "Sites") are accessible worldwide to anyone with Internet access. Access to and use of the Service and the Sites are subject to the terms and conditions of these Terms of Service ("TOS") and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS HEREIN. Scoobyenthusiast.com (owned by Digital Media Deployment www.digitalmediadeployment.com) reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the Service and/or Sites after we post any such changes, you accept the Terms of Service, as modified.

SCOOBYENTHUSIAST.COM CONTENT

The materials ("Proprietary Content") used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, unless otherwise noted, are the property of Scoobyenthusiast.com, Digital Media Deployment or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Scoobyenthusiast.com or the appropriate affiliate.

Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement by Scoobyenthusiast.com or Digital Media Deployment of the trademark owner, or vice-versa, or that such trademark owner has authorized Scoobyenthusiast.com or Digital Media Deployment to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Proprietary Content. Any rights not expressly granted by these Terms of Service or any applicable end-user license agreements are reserved by Scoobyenthusiast.com and Digital Media Deployment.

The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. NEITHER SCOOBYENTHUSIAST.COM NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES. The information, facts, and opinions provided are no substitute for professional advice.

The Service and the Sites include bulletin boards, forums, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to Scoobyenthusiast.com and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You agree to only post information that is true and correct in light of your knowledge. You shall not, without the express approval of Scoobyenthusiast.com or Digital Media Deployment, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You will be responsible for, and indemnify and hold harmless Scoobyenthusiast.com, Digital Media Deployment, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although Scoobyenthusiast.com, Digital Media Deployment, and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither Scoobyenthusiast.com, Digital Media Deployment nor its affiliates is under any obligation to do so.

LIMITATIONS ON LINKING AND FRAMING

You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by us or by our Site. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.

USER GENERATED CONTENT

You acknowledge that Scoobyenthusiast.com, Digital Media Deployment and its affiliates do not control the information available on the bulletin boards, chat rooms, forums, discussions, classifieds and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. Scoobyenthusiast.com and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards, forums or on any other user or member generated pages. You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by Scoobyenthusiast.com and its affiliate sites and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant Scoobyenthusiast.com and Digital Media Deployment a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Scoobyenthusiast.com or Digital Media Deployment or any third party Scoobyenthusiast.com designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to Scoobyenthusiast.com or any other website owned by Digital Media Deployment, including any Submission posted on Scoobyenthusiast.com through a third party.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

You acknowledge and agree that any content or materials submitted by you on the Site are analyzed and stored by the a third party service, the Mollom Web Service, to reduce spam posts and monitor the quality of posts, in accordance with Mollom's Privacy at http://mollom.com/web-service-privacy-policy.

When you submit a classified ad for publication on the Site, you agree that the advertisement as it appears on the Site becomes the property of Scoobyenthusiast.com and Digital Media Deployment and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant (a) that no materials of any kind submitted through your Account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Scoobyenthusiast.com, Digital Media Deployment, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your Account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Scoobyenthusiast.com and Digital Media Deployment reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Scoobyenthusiast.com and Digital Media Deployment does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

Your use of the Service and the Sites is at your own risk. NEITHER SCOOBYENTHUSIAST.COM, NOR DIGITAL MEDIA DEPLOYMENT, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SCOOBYENTHUSIAST.COM, OR DIGITAL MEDIA DEPLOYMENT AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.

Without limiting any of the foregoing, Scoobyenthusiast.com and Digital Media Deployment make the following specific disclaimers for the following categories of information:

INVESTMENT & FINANCIAL INFORMATION: The content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither Scoobyenthusiast.com, Digital Media Deployment, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site.
MEDICAL & HEALTH INFORMATION: The content located on the Site should not be interpreted as medical or health advice. The content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither Scoobyenthusiast.com, Digital Media Deployment, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the content on the Site.
LEGAL INFORMATION: The content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither Scoobyenthusiast.com, Digital Media Deployment, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Scoobyenthusiast.com and its affiliates do not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your use of such web sites is at your own risk. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, link to, or distributed through the Service and the Sites is at your own risk. Prior to purchasing any third party products or services described on the Service and the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Scoobyenthusiast.com, nor Digital Media Deployment, nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Service and the Sites.

You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room, forum, discussion, classified ad or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Scoobyenthusiast.com and Digital Media Deployment shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Scoobyenthusiast.com and are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Scoobyenthusiast.com and Digital Media Deployment shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

MODIFICATIONS TO SERVICES

Scoobyenthusiast.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Scoobyenthusiast.com and Digital Media Deployment shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

CONTRIBUTIONS TO SCOOBYENTHUSIAST.COM

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Scoobyenthusiast.com or Digital Media Deployment through its suggestion, feedback, or contact webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Scoobyenthusiast.com or Digital Media Deployment are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Scoobyenthusiast.com or Digital Media Deployment shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Scoobyenthusiast.com or Digital Media Deployment may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Scoobyenthusiast.com or Digital Media Deployment without any obligation of Scoobyenthusiast.com or Digital Media Deployment to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Scoobyenthusiast.com or Digital Media Deployment under any circumstances.

ACCOUNT REGISTRATION AND SECURITY

As part of the Account registration process, you will select a password and a username. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a username of another person with the intent to impersonate that person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username that or Digital Media Deployment, in their sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Scoobyenthusiast.com.

You shall contact support@scoobyenthusiast.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

You must be 13 years or older to subscribe to all parts of the Service.

You are responsible for all usage or activity on your Scoobyenthusiast.com Account, including use of the Account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Scoobyenthusiast.com and Digital Media Deployment's sole discretion, and Digital Media Deployment may refer you to appropriate law enforcement agencies.

FEES AND PAYMENTS

Scoobyenthusiast.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time Scoobyenthusiast.com requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), Scoobyenthusiast.com will give you advance notice of such fees and the opportunity to cancel the Account before such charges are imposed. All new fees, if any, will be posted in the Site Help area of our Member Center and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Scoobyenthusiast.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your Account.

COMMUNICATIONS BETWEEN SCOOBYENTHUSIAST.COM AND MEMBERS

If you indicate on your registration form that you want to receive such information, Scoobyenthusiast.com, Digital Media Deployment, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.

Scoobyenthusiast.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

Scoobyenthusiast.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy of Scoobyenthusiast.com.

Scoobyenthusiast.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Web site and existing or prospective products and services. This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

CUSTOMER SUPPORT

You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account, or the contact form.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Service and transfer, posting and uploading of software, technology, and other technical data via the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Service to parties identified on such lists; (b) agree not to use the Service for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Service any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

SCOOBYENTHUSIAST.COM'S TERMS AND CONDITIONS FOR PODCASTS

Scoobyenthusiast.com's podcasting service (the "Podcast Service") consists of news and information files (the "Podcast Content") that may be downloaded to your computer and/or transferred to your portable MP3 player. The Podcast Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You may not edit or modify or redistribute the Podcast Content or links supplied by Scoobyenthusiast.com. Ownership: Scoobyenthusiast.com's Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. Scoobyenthusiast.com and Digital Media Deployment owns all rights including copyright to the Podcast Content, and to The Scoobyenthusiast.com logos used in connection with the Podcast Service. Right to Discontinue Podcast Service: Scoobyenthusiast.com and Digital Media Deployment reserve the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of these Terms of Service. Scoobyenthusiast.com assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or MP3 player.

NOTICE OF AVAILABILITY OF FILTERING SOFTWARE

All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED: SCOOBYENTHUSIAST.COM and DIGITAL MEDIA DEPLOYMENT WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY and DIGITAL MEDIA DEPLOYMENT TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE SCOOBYENTHUSIAST.COM OR DIGITAL MEDIA DEPLOYMENT PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY SCOOBYENTHUSIAST.COM, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO SCOOBYENTHUSIAST.COM COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

MISCELLANEOUS

Paragraph Headings. The paragraph headings in these Terms of Service are included to help make these Terms of Service easier to read and have no binding effect.

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.

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