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Web Site Agreement : clickenterwin.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

The Web Site clickenterwin.com (the “Site”) is an online information service provided by JaMyMi, subject to your compliance with the terms and conditions set forth below. please read this document carefully before accessing or using the site. by accessing or using the site, you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, you may not access or use the site. clickenterwin.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. you agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

1. Copyright, Licenses and Idea Submissions.
   The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are clickenterwin.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to clickenterwin.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to mwhalen@clickenterwin.com by all means and in any media now known or hereafter developed. You also grant to clickenterwin.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against clickenterwin.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to clickenterwin.com.
   TRADEMARKS
   Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of JaMyMi. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
   You understand that, except for information, products or services clearly identified as being supplied by clickenterwin.com, clickenterwin.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for clickenterwin.com – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with clickenterwin.com. You also understand that clickenterwin.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. 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 Site for the reconstruction of any lost data.
   You assume total responsibility and risk for your use of the site and the internet. clickenterwin.com provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and clickenterwin.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. clickenterwin.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
   You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. clickenterwin.com has no control over and accepts no responsibility whatsoever for such materials.

Limitation of liability

In no event will clickenterwin.com be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if clickenterwin.com or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, clickenterwin.com liability is limited to the greatest extent permitted by law.
clickenterwin.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-clickenterwin.com web site, please understand that it is independent from clickenterwin.com, and that clickenterwin.com has no control over the content on that web site. In addition, a link to a clickenterwin.com web site does not mean that clickenterwin.com endorses or accepts any responsibility for the content, or the use of such web site.

3. Indemnification.
   You agree to indemnify, defend and hold harmless clickenterwin.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
   The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of clickenterwin.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
   This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
   This Agreement shall all be governed and construed in accordance with the laws of USA applicable to agreements made and to be performed in USA. You agree that any legal action or proceeding between clickenterwin.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in USA . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. clickenterwin.com ‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. clickenterwin.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF clickenterwin.com ARE REQUIRED CONSIDERATIONS FOR clickenterwin.com GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH clickenterwin.com OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF clickenterwin.com

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO clickenterwin.com. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH clickenterwin.com OR ITS CONTENTS IN ANY MANNER. clickenterwin.com SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

clickenterwin.com RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, clickenterwin.com IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW clickenterwin.com, TO KEEP THEMSELVES INFORMED OF CHANGES.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the clickenterwin.com of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

CONTACT INFORMATION

Contact Email: mwhalen@clickenterwin.com

 All Rights Reserved.