| IMPORTANT!
THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS")
GOVERN THE USE OF THE YOUTH GLUE WEBSITE (THE "WEB
SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY
REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU
AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED
TO IN THESE TERMS AND CONDITIONS. LOL INTERACTIVE
(THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE
TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION.
YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED
TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS
REGULARLY
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Scope.
These Terms and Conditions govern Your use of
the Web site. These Terms and Conditions, however,
do not apply to the Company's products or services,
which are the subject of separate agreements. |
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| 2. |
Permitted
Use. You have a nonexclusive, nontransferable,
limited, revocable right to use the Web site solely
for Your informational use in evaluating the Company
and its products and services. You may not use
the Web site for any other purpose without the
Company's express prior written consent, including,
without limitation, any commercial purpose. For
example, You may not and may not authorize any
other person or entity ("Person") to (i)
frame the Web site or any portion thereof (whereby
the Web site or a portion thereof will appear
on a user's screen with a portion of another web
site, or with content or advertising of any Person
without the Company's consent), or (ii) Co-brand
the Web site or any portion thereof. "Co-branding"
means the display of a name, logo, trademark,
or other means of attribution or identification
of any Person in such a manner reasonably likely
to give a user of the Web site the impression
that such the Person is associated or affiliated
with the Company, or has the right to display,
publish, transmit or distribute the Web site or
content accessible within the Web site. In addition,
You may not and may not authorize any Person to
link to any part of the Web site without the Company's
prior written consent. You agree to cooperate
with the Company in causing any unauthorized framing,
Co-branding, linking or similar activity to immediately
cease. You may not take any action that violates
our Acceptable Use Policy. |
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| 3. |
Proprietary
Information. You acknowledge and agree
that as between the Company and You, the Company
is the owner of all right, title and interest
in the Web site and all content accessible within
the Web site (the "Content"), including,
without limitation, all trademarks, service marks,
trade names, patent rights, copyrights, and other
intellectual property or proprietary rights with
respect thereto. You will not reproduce, transmit,
publish or distribute sublicense or otherwise
transfer or make available to others, or edit,
modify or create any derivative works of all or
any part of the Web site or the Content, without
the express written consent of the Company, other
than limited printed copies of materials that
you may need for Your own use and that contains
all of the Company's copyright and other notices.
Without limiting the generality of the foregoing,
You will not use any systematic retrieval process
including without limitation, scrapers, robots,
or bots, to collect, create, or compile Content
or other data from the Company Web site.
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| 4. |
Disclaimer.
You will have access to a variety of third party
sources of content through the use of the Web
site and the Internet. The Company has made no
effort to verify the accuracy or suitability of
any information contained in any such sources,
including, without limitation, any other web site
that you can link to from the Web site. Accordingly,
the Company has no liability or responsibility
whatsoever for any content provided by any other
Person contained on or obtained through the Web
site. You acknowledge and agree that any access,
use or reliance on any such third party content
is at Your own risk. You understand that, except
for information, products or services clearly
identified as being supplied by the Company, the
Company does not operate, control or endorse any
information, products or services of any other
Person on the Web site or the Internet in any
way. You also understand and agree that the Company
does not guarantee or warrant that files available
for downloading from the Web site or through the
Internet will be free of infection or viruses,
worms, Trojan horses or other malicious code that
may adversely effect You, Your computer or computer
systems or Your data or files. In addition, You
are responsible for implementing sufficient procedures
and checkpoints to satisfy Your particular requirements
for accuracy of data input and output, and for
maintaining a means external to the Web site for
the reconstruction of any lost data. |
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ACCESS
TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION
OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS
IS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED
OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB
SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
OR ARISING THROUGH COURSE OF DEALING, USAGE OR
TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS
THE SAME. |
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| 5.
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Privacy
Policy. The Company collects, stores
and uses data collected from You in accordance
with the Company's Privacy
Policy. |
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| 6. |
Limitation
on Liability. THE COMPANY, ITS LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES,
EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU
OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY
OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT,
IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE
WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS
FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH
LIABILITY AROSE. |
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| 7. |
Indemnity.
You will indemnify and hold the Company, its licensors,
content providers, service providers, employees,
agents, officers, directors and contractors (the
"Indemnified Parties") harmless from Your
breach of any of these Terms And Conditions or
any other terms, conditions, policies or procedures
contained on the Web site, including, without
limitation, any use of Content other than as expressly
authorized in these Terms and Conditions. You
agree that the Indemnified Parties will have no
liability in connection with any such breach or
unauthorized use, and You agree to indemnify and
hold harmless the Indemnified Parties from any
and all resulting loss, damages, judgments, awards,
costs, expenses, and attorneys' fees in connection
therewith. You will also indemnify and hold the
Indemnified Parties harmless from and against
any claims brought by third parties arising out
of Your use of the information accessed from the
Web site. |
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| 8. |
Trademarks.
Youth Glue® is a registered trademark, and the
Youth Glue logo and other Youth Glue marks appearing
on the Web Site are either registered or unregistered
trademarks of the Company. Other trademarks, service
marks and logos appearing in this Web site are
the property of either the Company, its content
providers or other third parties. The Company,
its content providers and such third parties retain
all rights with respect to any of their respective
trademarks, service marks or logos. |
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| 8. |
Miscellaneous. |
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| a. |
Headings.
The headings of sections of these Terms
and Conditions are for ease of reference
only and shall not be admissible in any
action to alter, modify or interpret the
contents of any section hereof. |
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| b. |
Governing
Law and Jurisdiction. The validity and
effect of these Terms and Conditions shall
be governed by and construed and enforced
in accordance with the laws of the State
of Oklahoma, without regard to its conflicts
of laws principles. The parties expressly
disclaim application of the United Nations
Convention on Contracts for the International
Sale of Goods. ANY SUIT, ACTION OR PROCEEDING
CONCERNING THE WEB SITE, ITS USE, THESE
TERMS AND CONDITIONS, OR CONCERNING ANY
OTHER POLICY OR PROCEDURE OF THE COMPANY
REGARDING USE OF THE WEBSITE, MUST BE BROUGHT
IN A STATE OR FEDERAL COURT LOCATED IN OKLAHOMA
COUNTY, OKLAHOMA, AND YOU HEREBY IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS
(AND OF THE APPROPRIATE APPELLATE COURTS
THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING;
AND YOU IRREVOCABLY WAIVE, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY
OBJECTION WHICH YOU MAY NOW OR HEREAFTER
HAVE TO THE LAYING OF THE VENUE OF ANY SUCH
SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT
OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING
WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN
BROUGHT IN AN INCONVENIENT FORUM. |
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| c. |
Entire
Agreement; Amendments. These Terms and
Conditions, together with the Acceptable
Use Policy and the Privacy Policy, supersede
any prior discussions, negotiations and
agreements between the parties with respect
to the subject matter hereof, and these
Terms and Conditions, together with the
Acceptable Use Policy and the Privacy Policy,
constitute the sole and entire agreement
between the parties with respect to the
matters covered hereby. |
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| d. |
Severability.
The provisions of these Terms and Conditions
may be exercised and are applicable and
binding only to the extent that they do
not violate any applicable laws and are
intended to be limited to the extent necessary
so that they will not render these Terms
and Conditions illegal, invalid or unenforceable.
If any provision or portion of any provision
of these Terms and Conditions are held to
be illegal, invalid or unenforceable by
a court of competent jurisdiction, the remaining
provisions or portions thereof shall apply
with respect to the subject matter hereof,
and all such remaining provisions or portions
thereof shall remain in full force and effect. |
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| e. |
Waiver.
No failure or delay on the part of the Company
to exercise any right or remedy hereunder
shall operate as a waiver thereof, nor shall
any single or partial exercise of any right
or remedy by the Company preclude any other
or further exercise thereof or the exercise
of any other right or remedy. No express
waiver or assent by the Company to any breach
of or default in any of these Terms and
Conditions shall constitute a waiver of
or an assent to any succeeding breach of
or default in the same or any other term
or condition hereof. |
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