BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
You agree not to:
Changes. We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
Your use of the Site following any changes to these Terms will constitute your acceptance of such changes. The “LAST UPDATED”' legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. You agree that neither we nor any parent, subsidiaries, sponsors, or affiliated companies (collectively, ”Affiliated Entities”') shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, Content, feature or product offered through or in connection with the Site
Description of the Services and Software. We may provide users of the Site with access to certain specialized content and services, including without limitation games, quizzes, activities, challenges, services, social media and blogging capabilities (such content and services, collectively, the 'Services').
We may also make available to users of the Site a variety of software tools that can be used to interact with other Site users (the 'Software').
When accessing or using any Services or Software, you agree that you are subject to any additional guidelines, rules, terms and conditions posted by us and applicable to such Services or Software, which rules, terms and conditions are hereby incorporated by reference into these Terms. In addition, you agree that you are subject to any third party's guidelines, rules, terms and conditions applicable to the posting of Off-Site Submissions and Off-Site Creations (each as defined below).
Registration; User Names and Passwords. You may be required to register with Company and to agree to certain additional rules or other terms and conditions in order to access certain Services, Software, and areas of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account on the Site.
Feedback. . If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
Company's Proprietary Rights. The Services and Software, and all of the content made available through the Site, including, but not limited to, all text and images (”Content”), and all software used to make the Site available are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time Company may permit you to download and view one (1) copy of selected Content and Software on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms, and solely for so long as you are permitted by Company to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Company, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services or Software, all or any part of the Site, or any Content made available through the Site. Certain Software may be governed by an additional end user license agreement or 'EULA' to which you may be required to agree before using such Software.
Third Party Web Sites; Links. The Site may provide links to other web sites and online resources. Because Company has no control over such sites and resources, you acknowledge and agree that neither Company nor the Affiliated Entities are responsible for the availability of such external sites or resources, or endorse or are responsible or liable for any content, advertising, products or other materials on or available through, or any purchases or other transactions made through, such sites or resources.
It is possible that other web sites will provide links to the Site with or without our authorization. You acknowledge and agree that Company and the Affiliated Entities do not endorse such sites, and are and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES..
Company shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice
Limitations of Liability and Disclaimer of Warranties. THE SITE AND ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.
Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
While Company tries to maintain the integrity and security of the Site and the servers from which the Site is operated, Company does not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms.
Indemnity. You agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site, the Services, or the Software; (b) any violation of these Terms by you or through your account; or (c) any allegation that any materials that you make available or create through or in connection with the Site, the Services, or the Software infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Jurisdictional Issues. The Site is controlled and operated by Company from the United States and is not intended to subject Company or any Affiliated Entity to the laws or jurisdiction of any territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The Software is further subject to United States export controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a 'terrorist supporting' country; or (b) on any of the U.S. government lists of restricted end users.
Miscellaneous. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. These Terms and your use of the Site are governed by the laws of the State of Florida, U.S.A., without regard to its choice of law provisions. You agree that (i) any and all disputes, claims, and causes of action arising out of or connected with your use of the Site shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the Rules of the American Arbitration Association, in Miami-Dade County, Florida; (ii) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased. However, issues or questions arising out of your participation in a promotion governed by specific rules that provide for the application of the laws of another jurisdiction shall be governed by the law of the jurisdiction stated in those rules. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without Company's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms, together with all policies or rules referred to herein, is the entire agreement between you and Company relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in Company 's discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from Common Sense (https://www.commonsensemedia.org) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services identified on such sites.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the ”DMCA”') provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
See http://www.copyright.gov/ for details. Notices and counter-notices can be sent by mail, email or facsimile to Juan Carlos Alexander, whose contact information is as follows: