Last Updated: January 1, 2017
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:
o Post, transmit, or otherwise make available, through or in connection with the Site:
o Anything that is or may be (a) threatening, abusive, harassing, degrading, hateful or intimidating; (b) false, misleading, defamatory or libelous; (c) fraudulent or tortious; (d) profane, obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
o Any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
o Any material that disparages Company or its promotional partners;
o Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as 'phishing,' 'email spoofing,' 'hacking,' 'cracking,' or 'phreaking.'
o Any computer viruses, ransomware, worms, Trojan horses, rootkits, keyloggers, dialers, spyware, adware, malicious BHOs (Browser Helper objects), rogue security software, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
o Any unsolicited or unauthorized advertising, promotional material, 'junk mail,' 'spam,' 'chain letter,' 'pyramid scheme' or investment opportunity, or any other form of solicitation.
o Any material, non-public information about a company without the proper authorization to do so.
We reserve the right to cooperate with law enforcement authorities or court orders seeking disclosure of identity and other personal information of anyone posting or transmitting any of the information or materials described above.
o Use the Site to harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally-identifiable information about users of the Site.
o Impersonate any person or entity, including without limitation any Site moderator or any representative of Company or an Affiliated Entity (as defined below); falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
o Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
o Restrict or inhibit any other person from using the Site, including without limitation by hacking or defacing any portion of the Site.
o Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without Company's express prior written consent.
o Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
o Remove any copyright, trademark or other proprietary rights notice from the Site or from materials originating from the Site.
o Frame or mirror any part of the Site or any Software or Service without Company's express prior written consent.
o Create a database by systematically downloading and storing Site Content.
o Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, 'scrape,' 'data mine' or in any way gather Site Content or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site's root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
3. 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.
4. 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).
6. Registration; User Names and Passwords. You may be required to register with Company and to agree to certain Program 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 Site account.
7. Submissions and Creations. We and our third party service providers may make available on the Site a variety of interactive services - such as instant messaging functionality, forums and blogs, through which you are able to display or post information and materials on the Site. Any materials you submit through such services on the Site will be deemed to be 'On-Site Submissions,' and any materials you create through your use of the Software or otherwise through the Site will be deemed to be 'On-Site Creations.'
We and our third party service providers may also make available through or in connection with third-party websites and third-party social media platforms a variety of interactive services - such as Company-designated hashtags and comment or posting functionality on Company-related pages hosted on third-party social media platforms - through which you can direct us to post associated content to our Site. Any materials you submit through or in connection with such services will be deemed to be 'Off-Site Submissions' and any materials you create through or in connection with such services shall be deemed to be 'Off-Site Creations.'
On-Site Submissions and Off-Site Submissions shall, collectively, be referred to herein as 'Submissions'; On-Site Creations and Off-Site Creations shall, collectively, be referred to herein as 'Creations.'
You grant to Company and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, any Submission and/or Creation (including without limitation your voice, image or likeness as embodied in such Submission or Creation), in any media now known or hereafter developed, for Company's and the Affiliated Entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms for any reason. For each Submission and each Creation, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any Submission or Creation), and that such Submission or Creation (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any 'moral rights' or other rights with respect to attribution of authorship or integrity of materials regarding each Submission and Creation that you may have under any applicable law under any legal theory.
You acknowledge and agree that you are responsible for any Submission or Creation you provide, and for any consequences thereof, including the use of any Submission or Creation by third parties. You understand that your Submissions and Creations may be accessible to other parties, who may be able to share your Submissions and Creations with others and to make them available elsewhere, including on other sites and platforms.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission and each Creation before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) we may do any of the following, at our sole discretion and for any reason whatsoever: (i) monitor Submissions and Creations; (ii) alter, remove, or refuse to post or allow to be posted or stored any Submission or Creation; (iii) monitor, filter, alter and/or block any of your communications through or in connection with the Site (including without limitation by means of blocking or replacing expletives or other language that we may deem to be harmful, offensive, threatening, abusive, harassing, hateful or intimidating in our sole discretion); and/or (iv) disclose any Submissions or Creations or any communication through or in connection with the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect Company, the Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Submissions and Creations will be provided by many parties. Please note that Submissions and Creations provided by others may include opinions, advice, statements, information, or other materials that are inaccurate, misleading, deceptive, or offensive. Company and the Affiliated Entities neither endorse nor are responsible for any opinions, advice, statements, information, or other materials associated with any third-party Submissions or Creations. Without limitation, Company and the Affiliated Entities are not responsible for any opinions, advice, statements, information, or other materials made available in any Submission or Creation (including without limitation errors or omissions in any Submission or Creation or links or images embedded in any Submission or Creation) or results obtained by using any such Submission or Creation. Under no circumstances will Company, the Affiliated Entities, or their respective employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on any Submission or Creation. The opinions expressed in any Submission or Creation reflect solely the opinions of the individual(s) responsible for such Submission or Creation, and may not reflect the opinions of Company or any Affiliated Entity.
In addition, Company has no control over, and Company and the Affiliated Entities shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through or in connection with any Submission or Creation or any other part of the Site. If you choose to make any of your personally-identifiable or other information publicly available in a Submission or Creation, you do so at your own risk.
8. 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.
9. 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.
10. 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
11. 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. Additionally, it may be possible for third parties to make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at The Magic Lyfe Beverage Company Website Consumer Affairs, P.O. Box 1270 S. Alfred Street, Los Angeles, CA, USA 90035 with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
12. 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 Submission, Creation, or other 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.
13. Termination. These Terms are effective until terminated by Company. Company may terminate your access to or use of the Site if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to access and use the Site, Services and Software will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your user name and password, and all related information and files associated with it and/or bar any further access to such information or files. You agree that neither Company nor any Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination. Sections 2 -16 and 19 shall survive any expiration or termination of these Terms.
14. 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.
15. 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 Georgia, 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 Los Angeles County, California; (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.
17. 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.
18. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to The Magic Lyfe Beverage Company 1270 S. Alfred Street Los Angeles, CA 90035. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. 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 or e-mail, 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 e-mail – email@example.com or mail to:
The Logan Beverage Company
1270 S. Alfred Street
Los Angeles, California 90035