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GuessYourNumber.com
- Terms of Service:
You must read the GuessYourNumber.com
Privacy Policy, and Terms of Service (this document), prior
to using any portion of the GuessYourNumber.com service. These
documents are subject to change without notice. Please read
them before each use of the GuessYourNumber.com service. THESE
AGREEMENTS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO
YOU. PLEASE READ THESE AGREEMENTS IN THEIR ENTIRETY. If you
do not agree to the GuessYourNumber.com Privacy Policy, Web
Site Rules and Terms of Service, you may not use any portion
of the GuessYourNumber.com service.
Terms of Service:
1. GENERAL
The GuessYourNumber.com website (the "Site") provides Users
(as herein defined) with a number guessing game. Use of the
Site is governed by these Terms of Service (the "Terms"),
and the Privacy Policy, all of which Users must read prior
to using the Site. The Site is owned and operated by PassThePotato
LLC. A "User" is defined as any person who establishes a connection
to or accesses any GuessYourNumber.com related materials.
By using the Site, User specifically agrees to be bound by
the Terms, as such may be wholly or partially changed, modified,
added to or reduced at any time by GuessYourNumber.com in
its sole discretion. Users should visit the Site periodically
to determine the conditions of the binding Terms.
2. USER CONDUCT AND USE OF SITE
(A) User agrees to use the Site for lawful, non-commercial
purposes only. User shall comply with all federal, state and
local laws applicable to the use of the Site and shall not
post or transmit through the Site any material which violates
or infringes in any way upon the rights of others (including,
without limitation, any copyright, trademark or other intellectual
property rights), is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, encourages conduct that
would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or contains advertising or any
solicitation.
(B) All Users use the site at their own risk.
(C) By using the Site, User agrees to indemnify, release and
hold harmless GuessYourNumber.com from all liability associated
with User's use of the Site.
(D) The Site contains copyrighted material, trademarks, and
other proprietary information, including but not limited,
to web site design, concept, programming, files, and data,
all of which are owned by GuessYourNumber.com. User shall
not modify, publish, transmit, translate, participate in the
transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. No copying, redistribution,
retransmission, publication or commercial exploitation of
downloaded material will be permitted. User acquires no ownership
rights by downloading copyrighted material.
(E) By submitting material to any area of the Site, User represents
and warrants to GuessYourNumber.com that the owner of such
material has expressly granted GuessYourNumber.com the royalty-free,
perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known
or hereafter developed for the full term of any copyright
that may exist in such material. User permits any other User
to access, view, store or reproduce the material for that
User's personal use, and User hereby grants GuessYourNumber.com
the right to edit, copy, publish and distribute any material
made available on the Site by User.
(F) User relinquishes any and all rights to suggestions, ideas
or other content that User submits to GuessYourNumber.com,
including but not limited to, quiz content. The act of submitting
suggestions, ideas or other content to GuessYourNumber.com,
does not, in itself, create an agreement of any kind between
User and GuessYourNumber.com. GuessYourNumber.com reserves
the right to freely use and modify the submitted suggestions,
ideas or other content without first obtaining consent from
the submitter.
3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) Use of the Site service or access to any portion of the
Site is done at the sole risk of User.
(B) At no time will GuessYourNumber.com be held responsible
for any inability to access the site.
(C) THE GUESSYOURNUMBER.COM SERVICE IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. GUESSYOURNUMBER.COM
DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE,
THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR
THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING. IN NO EVENT
WILL GUESSYOURNUMBER.COM,
BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF
THE SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT,
ALL CONTENT OF GUESSYOURNUMBER.COM
OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY
OF ANY SUCH CONTENT.
(D) The above disclaimer of liability includes, without limitation,
any damages or injury caused by any availability of service,
error, deletion, theft, alteration, or destruction of data,
computer virus, tortious behavior, negligence, or any other
cause of action or inaction. User assumes the entire cost
of all damage, servicing, repair, or correction resulting
from the use of the Site in any manner, including but not
limited to the offensive or illegal conduct of other Users
or third-parties of the Site.
4. COPYRIGHTS AND COPYRIGHT AGENTS (17 U.S.C. 512(i))
GuessYourNumber.com respects the intellectual property of
others, and we ask our Users to do the same. If a User believes
that User's work has been copied in a way that constitutes
copyright infringement, such User should provide GuessYourNumber.com's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that User claims
has been infringed;
3. a description of where the material that User claims is
infringing is located on the site;
4. User's address, telephone number, and email address;
5. a statement by User of User's good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law;
6. a statement by User, made under penalty of perjury, that
the above information in User's Notice is accurate and that
User is the copyright owner or authorized to act on the copyright
owner's behalf.
GuessYourNumber.com's Copyright Agent for Notice of claims
of copyright infringement on its site can be reached as follows:
GuessYourNumber.com Copyright Dept.
GuessYourNumber LLC
PO Box 62666
Cincinnati, OH 45246-0666
5. ADVERTISING ON THE SITE
The Site may contain various types of advertising, including
but not limited to banners, popups and text links. The relationship
between User and a GuessYourNumber.com advertiser shall be
controlled by the terms found on an advertiser's Web site
or any other agreement entered into by User and such advertiser.
GuessYourNumber.com is not associated with or responsible
for any correspondence, business dealing, agreements or disputes
between User and any advertiser, including, without limitation,
those related to payment and delivery of goods or services
and any other terms associated therewith. GuessYourNumber.com
encourages User to read any advertiser's privacy policy and
web site rules when User connects to them through the Site.
GuessYourNumber.com is not responsible for any losses User
may incur from doing business with a GuessYourNumber.com advertiser.
Neither GuessYourNumber.com nor any or its third parties are
responsible for the user-added portion contained in GuessYourNumber.com
e-mails, quiz content, quiz scoreboard, or any other content
associated with the GuessYourNumber.com service.
6. INTERNATIONAL USE
GuessYourNumber.com reserves the right to modify GuessYourNumber.com
and the materials contained within at any time without prior
notice.
7. GOVERNING LAW
Any disputes arising out of or related to the use of the Site
or these Terms shall be governed by the laws of the State
of Ohio, U.S.A., without regard to principles of conflicts
of law. The courts located in Hamilton County, Ohio shall
have the exclusive jurisdiction and venue over any dispute
arising out of or relating to these Terms.
8. SEVERABILITY
The invalidity or unenforceability of any provision of these
Terms shall not affect the other provisions hereof, and these
Terms shall be construed and remain in full force and effect
in all respects with such invalid or unenforceable provisions
limited or excluded to the minimum extent required under applicable
law.
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