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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing
Website.
Effective Date: This Terms of Use Agreement
was last updated on May 15, 2006.
This Terms of Use Agreement sets forth the standards of use of the Localoodles Online
Service. By using the Localoodles.com website you (the “Member”) agree to these
terms and conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this agreement
without prior notice. Modifications
shall become effective immediately upon being posted at Localoodles.com
website. Your continued use of the
Service after amendments are posted constitutes an acknowledgement and acceptance
of the Agreement and its modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1.
Description of Service
Localoodles is providing Member the opportunity to enter
a sweepstakes as well as the chance to play a simple game. This site is provided
for entertainment purposes only. Member must provide (1)
all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member’s access to the Internet, and (3)
pay any fees relate with such connection.
2.
Disclaimer of Warranties.
The site is provided by Localoodles on an “as is” and on
an “as available” basis. To the fullest
extent permitted by applicable law, Localoodles makes no representations or warranties
of any kind, express or implied, regarding the use or the results of this web site
in terms of its correctness, accuracy, reliability, or otherwise.
Localoodles shall have no liability for any interruptions in the use of this
Website. Localoodles disclaims all
warranties with regard to the information provided, including the implied warranties
of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3.
Limitation of Liability
LOCALOODLES SHALL NOT
be liable for any damages whatsoever, and in particular LOCALOODLES shall not be
liable for any special, indirect, consequential, or incidental damages, or damages
for lost profits, loss of revenue, or loss of use, arising out of or related to
this web site or the information contained in it, whether such damages arise in
contract, negligence, tort, under statute, in equity, at law, or otherwise, even
if LOCALOODLES has been advised of the possibility of such damages. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify and hold Localoodles, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of Member’s
use of the Service, the violation of this Agreement, or infringement by Member,
or other user of the Service using Member’s computer, of any intellectual property
or any other right of any person or entity.
5.
Modifications and Interruption to Service
Localoodles reserves the right to modify or discontinue the Service with or without
notice to the Member. Localoodles shall not be liable to Member or any third party
should Localoodles exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that Localoodles does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside of our control.
6.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties.
You acknowledge that we are not responsible for the availability of, or the
content located on or through, any third-party site.
You should contact the site administrator or webmaster for those third-party
sites if you have any concerns regarding such links or the content located on such
sites. Your use of those third-party
sites is subject to the terms of use and privacy policies of each site, and we are
not responsible therein. We encourage all Members to review said privacy policies
of third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources.
While Localoodles makes every effort to ensure that the information on this
website is accurate, we can make no representations or warranties as to the accuracy
or reliability of any information provided on this website.
Localoodles makes no warranties or representations whatsoever with regard to any
product provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at your own risk.
8.
Governing Law
Our website is operated and provided in the State of
California
. As such, we are subject to the laws
of the State of
California
, and such laws will govern this Terms of Use, without giving effect to any choice
of law rules. We make no representation
that our website or other services are appropriate, legal or available for use in
other locations. Accordingly, if you
choose to access our site you agree to do so subject to the internal laws of the
State of
California
.
9.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not
use the Service in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. Member further agrees not to
transmit any material that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state, national,
or international law or regulation.
10.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2005 Localoodles.com,
with all rights reserved, or is the property of Localoodles and/or third parties
protected by intellectual property rights.
Any use of materials on the website, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of Localoodles is strictly prohibited. Members agree that they will not use
any robot, spider, or other automatic device, or manual process to monitor or copy
our web pages or the content contained therein without prior written permission
of an authorized officer of Localoodles.
Localoodles™ and Localoodles.com™ are proprietary marks of Localoodles.
Localoodles’s trademarks may not be used in connection with any product or
service that is not provided by Localoodles, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits Localoodles.
All other trademarks displayed on Localoodles’s website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use
of trademarks or links to the web sites of Vendors is not intended to imply, directly
or indirectly, that those Vendors endorse or have any affiliation with Localoodles.
11.
Notification of Claimed Copyright Infringement
Please contact Localoodles for claims of copyright infringement at:
By Mail:
Localoodles
PMB# 109
1323 Historical
Plaza Way
Manteca, CA 95337
By Telephone: (209) 679-7495
By Email: copyright@localoodles.com
12.
Botnets
Localoodles retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used as command
and control points for botnets, Localoodles reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility, or any other destination
at our discretion.
13.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of
Use Agreement and any other agreements referenced herein may be assigned by Localoodles,
in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a Member.
Member agrees that by accepting this Terms of Use Agreement, Member is consenting
to the use and disclosure of their personally identifiable information and other
practices described in our Privacy Policy Statement.
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