Effective: July 22, 2015
The SlingerVille site, (http://www.slingerville.com) web site and any
derivative web site on which these Terms of Service are posted are
owned and operated by Deca Promotion, LC, a Nevada Limited Liability Company
("SlingerVille"). SlingerVille has adopted these Terms of Service ("Terms
of Service" or "Agreement") to make you aware of the terms and
conditions of your use of the SlingerVille.com web site, any derivative
web sites on which these Terms of Service are posted and any Content
or other products or services that are offered or provided via the
aforementioned web sites (collectively, the "Web Site"). In the event
that you purport to be the agent of, represent, or otherwise act on
behalf of an entity or any other person, references to "you," "your"
or "User" shall include such entity or person in addition to such
representative, and your acceptance of this Agreement shall
constitute acceptance on behalf of such entity or person. By using
the Web Site, you unequivocally agree to be bound by this Agreement,
whether you are a "visitor" that simply browses the Web Site without
registering an account or you are a "member" that registers an
account on the Web Site.
SlingerVille reserves the right, at its discretion, to change,
modify, add or remove portions of these Terms of Service at any time
by posting such changes to this page. You understand that you have
the affirmative obligation to check these Terms of Service
periodically for changes, and you hereby agree to periodically review
these Terms of Service for such changes. The continued use of the Web
Site following the posting of changes to these Terms of Service will
constitute your acceptance of those changes.
BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING,
REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT
OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, PURCHASING ANY
PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO
THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY
AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF
SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE,
YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR
ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION
TO OR FROM THE WEB SITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE
WEB SITE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS
IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT.
YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE
TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY
OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO SLINGERVILLE OR
ACCESSING SLINGERVILLE CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE,
ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION
AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE
YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR
THIRD PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE
ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING
AGREEMENT BETWEEN YOU AND SLINGERVILLE.
General Terms of Service and Restrictions on Use
Unless otherwise expressly provided herein, SlingerVille hereby
grants you a limited, nonexclusive, nonassignable, nontransferable
license to access and use the Web Site solely for your own personal,
non-commercial purposes, subject to your agreement to, compliance
with and satisfaction of these Terms of Service. All rights not
otherwise expressly granted by these Terms of Service are reserved by
SlingerVille. You agree not to reproduce, duplicate, copy, distribute,
transmit, sell, trade, resell or exploit for any purpose any portion
of or any information from the Web Site. You may not obscure or
remove any proprietary rights notices contained in or on the Content.
SlingerVille may discontinue or alter any aspect of the Web Site,
modify, alter or remove Content from the Web Site, restrict the time
the Web Site is available or restrict the amount of use permitted at
SlingerVille's sole discretion and without prior notice or liability.
You agree that SlingerVille may, under certain circumstances,
immediately suspend and/or terminate your access to the Web Site or
any part thereof. Cause for such measures shall include, without
limitation: (a) breaches or violations of these Terms of Service or
other agreements or guidelines; (b) discontinuance or material
modification to the Web Site; (c) unexpected technical or security
issues or problems; (d) extended periods of inactivity; and/or (e)
engagement by you in fraudulent or illegal activities. You further
agree that such measures shall be taken in SlingerVille's sole
discretion and without liability to you or any third party.
SlingerVille Intellectual Property
Unless otherwise specifically noted in these Terms of Service,
images, trademarks, service marks, logos and icons displayed on the
Web Site, including, without limitation, SlingerVille (trademark,) are
the property of SlingerVille and/or its licensors and may not be used
without SlingerVille's prior written consent. Trademarks and
copyrighted materials owned by third parties are the property of
those respective third parties. The Web Site is the copyrighted
property of SlingerVille, and it may not be reproduced, recreated,
modified, accessed or used in any manner or disseminated or
distributed to any other party in violation of these Terms of
Service. Any unauthorized use of any Content, whether owned by
SlingerVille or other parties, may violate copyright laws, trademark
laws, privacy and publicity laws and communications regulations and
statutes. You will not copy, reverse engineer, disassemble,
decompile, translate, modify, reproduce, republish, transmit, sell,
offer for sale, disseminate or redistribute the intellectual property
found in the Web Site or any part thereof or grant any other person
or entity the right or access to do so.
Accounts
To take advantage of certain functionality and capabilities of
the Web Site (e.g., to upload and/or manage Content), you may be
required to register an account. In the event you agree to register
an account, you will select and/or receive a username and password
upon providing registration information and successfully completing
the registration process (or SlingerVille may assign initial
registration information that you will have the option to change).
You are responsible for maintaining the confidentiality of your
username and password and are fully responsible for all activities
that occur under your username and password. You agree to immediately
notify SlingerVille in the event (a) your registration information
changes, or (b) you learn of or have reason to suspect any
unauthorized use of your account or any other breach of security. You
also agree that you will provide truthful and accurate information
during the registration process. SlingerVille may refuse to grant a
particular username to you for any reason, including, without
limitation, in the event SlingerVille determines that such username
impersonates someone else, is protected by trademark or other
proprietary right law or is vulgar or otherwise offensive.
Content
You acknowledge that the Web Site contains or provides access to
information, photos, video, text, graphics, music, sounds or other
material provided by SlingerVille or third parties (collectively,
"Content") that are protected by copyrights, patents, trademarks,
trade secrets or other proprietary rights, and that these rights are
valid and protected in all forms, media and technologies existing now
or hereafter developed. The Content posted by users via the Web Site
("User Content") is the intellectual property of the specific users
of the Web Site who post such User Content and their licensors, if
any. Users who upload User Content to SlingerVille represent and
warrant that they are the owners or authorized licensees of that User
Content and legally entitled to distribute it through the
SlingerVille service. SlingerVille does not claim any ownership
rights in such User Content. You are solely responsible for the
content or information you publish, display or otherwise communicate
in any manner on the Web Site. By posting User Content via the Web
Site, however, you hereby grant to SlingerVille a limited,
transferable, nonexclusive, worldwide, perpetual, royalty-free
license to use, reproduce, modify, edit, adapt, publish, translate,
display, distribute, sell, sublicense and create derivative works and
compilations incorporating such User Content. For the avoidance of
doubt, references to Content shall include User Content. If You
upload User Content for which you are not the owner or an authorized
licensee, You agree that the damages SlingerVille suffers as a result
of your material misrepresentation of ownership and potential
liability to third parties would be difficult to calculate, and agree
that SlingerVille shall be entitled to liquidated damages of $10,000
per infringing file, piece or item of User Content. You further agree
to release and SlingerVille harmless for all uses of User Content you
submit to SlingerVille, and agree to indemnify SlingerVille for all
costs and legal expenses arising from, related to or in connection
with Your misrepresentations as to the ownership and/or licensing of
Your User Content. For the avoidance of doubt, references to Content
shall include User Content.
SlingerVille's Privacy Policy
SlingerVille collects, stores and uses data collected from you in
accordance with SlingerVille's Privacy Policy, located at
http://slingerville.com/home/about/privacy. The terms and conditions of
the Privacy Policy are hereby expressly incorporated into these Terms
of Service as though set forth in full herein.
Links
The Web Site and/or Content accessed or downloaded via the Web
Site may contain links to other web sites, content or resources on
the Internet. Because SlingerVille has no control over such websites,
content or resources, you acknowledge and agree that SlingerVille is
not responsible for the availability of such external web sites,
content or resources. SlingerVille does not endorse and is not
responsible or liable for any advertising, products, or other
information or materials contained therein or for any privacy or
other practices of the third parties operating such web sites,
content or resources. You further acknowledge and agree that
SlingerVille shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with your use of or reliance on any such
information, materials, goods or services available on or through any
such web site, content or resource. SlingerVille strongly encourages
you to review any separate terms of service and privacy policies
governing use of the foregoing.
Purchases
SlingerVille may allow users to place Orders for Content, products
and/or services via the Web Site or through its third-party
affiliates. "Order" shall mean any order placed by a user for
Content, products and/or services via the Web Site that is accepted
by SlingerVille. In the event that you are a user placing an Order, you
are subject to the additional terms of this section. Please note that
in some cases, you may be directed to a third-party web site to make
purchases. In such an event, the purchase terms in this section do
not apply, and your purchase will be governed by the terms of such
third-party web site. By making such purchases, you hereby agree that
SlingerVille has no responsibility, and shall have no liability, for
any claim related to your purchases on such third-party web sites.
Upon placing an Order, you shall pay to SlingerVille the purchase
price as set forth in the "Shopping Cart" or similar ordering
mechanism. SlingerVille may utilize the services of certain third party
payment processors to process payments of credit cards and other
accepted methods of payment. Your purchase is subject to any
additional terms and conditions imposed by such third party payment
processors. The purchase price and any applicable fees or taxes shall
be applied to your chosen method of payment upon submission of your
Order.
Prices and availability of Content, products and/or services are
subject to change without notice. Errors will be corrected where
discovered, and SlingerVille reserves the right to revoke any stated
offer and to correct any errors, inaccuracies or omissions including
after an Order has been submitted and whether or not the Order has
been confirmed and your payment method accepted and charged. In the
event your payment method has been accepted and charged, SlingerVille
will issue you the appropriate credit within a reasonable time after
your Order has been revoked. You agree to the following restrictions
regarding your Order(s): (a) you may not resell any Content or
otherwise profit from its use or display; (b) you may not, nor will
you allow any other party to, reproduce, modify, edit, adapt,
publish, translate, display, distribute, sell, sub license or create
derivative works or compilations incorporating such Content without
the express permission of the owner of such Content; (c) decompile,
reverse engineer, disassemble or otherwise reduce any object code
relating to the Content to human perceivable form, (d) you will not
otherwise violate any additional legal or contractual restrictions
governing use of the Content; (e) you will not obscure or remove any
proprietary rights notices contained in or on the Content; and (f)
you will not export the Content in violation of applicable laws.
Content is licensed and not sold.
User Representations
You hereby represent and warrant to SlingerVille that: (a) you (i)
have reached the age of majority in the jurisdiction where you reside
(generally 18, 19 or 21 years of age depending on the jurisdiction),
(ii) are an emancipated minor under the laws of your jurisdiction of
domicile and/or residence or (iii) otherwise have the power and
authority to enter into and perform your obligations under this
Agreement; (b) you are an authorized signatory of the credit or debit
card or other method of payment that you provide to SlingerVille or it
third-party payment processor to pay the purchase price and any
applicable fees or taxes related to your Orders; (c) you will comply
with the terms and conditions of these Terms of Service and any other
agreement to which you are subject that is related to your use of the
Web Site or any part thereof or any Order(s) that you place via the
Web Site; (d) you have provided and will maintain truthful, accurate
and complete information to SlingerVille, including, without
limitation, your legal name, address, email address, and any other
registration information SlingerVille may reasonably require; (e) your
access to and use of the Web Site or any part thereof and/or purchase
and use of any Content, products or services will not constitute a
breach or violation of any other agreement, contract, terms of use or
any law or regulation to which you are subject; (f) you will
immediately notify SlingerVille in the event that you learn or suspect
that your registration information, username or password has been
disclosed or otherwise made known to any other person; (g) you will
promptly report to SlingerVille any violation of these Terms of Service
by any other user; (h) you will not use the Web Site in order to gain
competitive intelligence about SlingerVille, the Web Site or any
product or service offered via the Web Site or to otherwise compete
with SlingerVille or its affiliates; and (i) if you purport to be the
agent of, represent or otherwise act on behalf of an entity or any
other person, that you are in fact an authorized representative of
such entity or other person.
In the event that you post any User Content via the Web Site, you
hereby make the following additional representations and warranties
to SlingerVille: (1) you are owner of such User Content or otherwise
have the right to grant SlingerVille the licenses granted pursuant to
this Agreement; (2) you have secured any and all consents necessary
to post the User Content and to grant the foregoing licenses; (3) the
User Content does not violate the rights of any third party,
including, without limitation, the intellectual property, privacy or
publicity rights of any third party, and such User Content does not
contain any personally identifiable information about third parties
in violation of such parties'; rights; (4) the use of any User
Content will not result in harm or personal injury to any third
party; and (5) all factual information contained in the User Content
is true, accurate and complete. PLEASE NOTE THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE SLINGERVILLE WEB SITE
AND IN YOUR PRIVATE E-MAIL MESSAGES.
Prohibited Uses
You are solely responsible for all content or information you
publish or display (hereinafter, "post") on the Web Site. You will
NOT post on the Web Site any defamatory or illegal material or any
material that actually or potentially infringes or violates the
intellectual property rights of any person, including, without
limitation, the copyright, trademark, patent, trade secret or other
intellectual property rights, or privacy, moral or publicity rights,
of any person. You will use the Web Site in a manner consistent with
any and all applicable laws, regulations, rulings and orders. By
posting information on the Web Site, you warrant and represent that
the information is truthful and accurate. You will not post,
distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights or
except as otherwise permitted by law. SlingerVille does not and cannot
review each message posted by users of the Web Site and SlingerVille is
not responsible for the information, message or contents of such
Content. SlingerVille reserves the right, but is not obligated, to
delete or remove (i) profane language, (ii) obscenities, (iii)
threats of physical violence, bodily harm or damage to property, and
(iv) private financial information such as social security numbers
and credit card information.
Additionally, you are solely responsible for any and all acts and
omissions that occur under your account or password, and you agree
not to engage in unacceptable use of the Web Site or any part thereof
or any User Content that you may post or purchase via the Web Site,
which includes, without limitation: (a) use of the Web Site to
interfere, disrupt or attempt to gain unauthorized access to other
accounts on the Web Site or any other computer network; (b) use of
the Web Site to post or store viruses, Trojan horses or any other
malicious code or programs designed to interrupt, destroy or limit
the functionality of any computer software,hardware, system or
telecommunications equipment; (c) use of the Web Site to post or
store any unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes or other
fraudulent schemes, or any other form of solicitation; (d) use of any
manual or automated software, devices or other processes to "crawl"
or "spider" any web pages contained in the Web Site (including,
without limitation, the use of robots, bots, spiders, scrapers or any
other means to extract pricing, product, service or other data from
the Web Site); (e) use of the Web Site to gain competitive
intelligence about SlingerVille, the Web Site or any product or service
offered via the Web Site or to otherwise compete with SlingerVille or
its affiliates; (f) framing or otherwise simulating the appearance or
functions of the Web Site or any portion thereof; (g) harvesting or
otherwise collecting any information about other users, including,
without limitation, email addresses or other contact information of
other users or (h) use of the Web Site to engage in any activity
that, as determined by SlingerVille, may intentionally or
unintentionally violate these Terms of Service, violate any
applicable laws or regulations or conflict with the spirit or intent
of these Terms of Service.
Disclaimer
SlingerVille shall have the right to remove any such material that
in its sole opinion violates, or is alleged to violate, any
applicable law or either the letter or spirit of these Terms of
Service. SlingerVille uses reasonable efforts to maintain the Web Site,
but SlingerVille is not responsible for any defects or failures
associated with the Web Site, any part thereof, any User Content
posted using the Web Site, or any damages (such as lost profits or
other consequential damages) that may result from any such defects or
failures. The Web Site may be inaccessible or inoperable for any
reason, including, without limitation: (a) equipment malfunctions,
(b) periodic maintenance procedures or repairs which SlingerVille may
undertake from time to time, or (c) causes beyond the control of
SlingerVille or which are not foreseeable by SlingerVille. In addition,
SlingerVille makes no guarantees as to the Content or as to web sites
and information located worldwide throughout the Internet that you
may access as a result of your use of the Web Site or any Content
made available thereon, including as to the accuracy, content, or
quality of any such Content, sites and information or the privacy or
other practices of any such Content provider or site.
SlingerVille does not control the User Content posted by its users,
nor does it have any obligation to monitor such User Content for any
purpose. SlingerVille reserves the right, but has no obligation, to
monitor, modify, alter or otherwise remove User Content after it is
posted on the Web Site, including as required or permitted by law or
otherwise in the sole discretion of SlingerVille. Despite the fact that
it has no monitoring obligations, SlingerVille reserves the right to
remove any and all material that it feels is actually or potentially
inappropriate, offensive, illegal or harmful any respect or which may
violate these Terms of Service. Because the User Content offered via
the Web Site is provided by other users, and because SlingerVille does
not monitor or exercise control over the User Content, SlingerVille
does not make any warranties or representations regarding any of the
Content offered via the Web Site or the quality thereof.
SlingerVille does not necessarily approve, endorse, sanction,
encourage, verify or agree with any message posted by its users or
otherwise embodied in the Content. You understand that by using the
Web Site, you may be exposed to Content that may be offensive,
indecent, vulgar, defamatory or otherwise objectionable, and that in
no way shall SlingerVille be liable under any theory for such exposure.
SlingerVille is not a backup service for storing User Content, and
SlingerVille shall have no liability regarding any loss of User
Content. You are solely responsible for creating backups of any User
Content you post using the Web Site.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEBSITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA
THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR
SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
SLINGERVILLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, ACCURACY, CURRENTNESS AND NON-INFRINGEMENT. WITHOUT
LIMITATION, SLINGERVILLE MAKES NO WARRANTY THAT THE WEB SITE, ANY
CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL
MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS
OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND
THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY
CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED
THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. UNDER NO
CIRCUMSTANCES WILL SLINGERVILLE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE SLINGERVILLE WEB SITE, OR TRANSMITTED TO OR BY ANY USERS.
ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU
THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT
EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.ANY IMPLIED
WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED
TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, SLINGERVILLE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
SLINGERVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY
CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE
WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, PRODUCTS
AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS,
CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE,
ANY CONTENT OR PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE
WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE
OF THE WEB SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS
TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SLINGERVILLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING THE WEB SITE, PURCHASING ANY CONTENT OR
PURCHASING SLINGERVILLE'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED
BY SLINGERVILLE FOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
Release; Indemnification
You agree to release SlingerVille, its parents, affiliates,
successors and assigns together with their respective officers,
members, directors, employees and agents, from any and all liability
and obligations whatsoever in connection with or arising from your
use of the Web Site. If at any time you are not happy with the Web
Site or object to any material within the Site, your sole remedy is
to cease using them. You further agree to defend, indemnify and hold
harmless SlingerVille, its parents, affiliates, successors and assigns
together with their respective officers, members, directors,
employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including attorneys'; fees
and costs and expenses, arising out of or in any way connected with
(a) your access to or use of the Web Site or any part thereof, (b)
any User Content you post via the Web Site, (c) a breach or alleged
breach by you of any of your representations, warranties, covenants
or obligations under this Agreement, (d) infringement or
misappropriation of any intellectual property or other rights of
SlingerVille or third parties by you, (e) any negligence or willful
misconduct by you, (f) your use of any Content, services or products
provided by SlingerVille, or (g) any other claim related to your
performance under this Agreement.
Term and Termination
This Agreement is effective upon your unequivocal acceptance as
set forth herein and shall continue in full force until terminated.
You agree that SlingerVille, in its sole discretion, may terminate your
use of the Web Site or any part thereof upon prior notice, and remove
and discard any User Content, in the event you violate these Terms of
Service. You agree that SlingerVille may immediately suspend your
account and your access to the Web Site or any part thereof in order
to conduct an investigation in the event it believes you have
violated these Terms of Service or if it determines that you are a
repeat infringer of another's intellectual property or other rights.
SlingerVille may also, in its sole discretion and at any time,
discontinue providing the Web Site, any part thereof, any User
Content or any products advertised thereon, with or without notice.
You agree that SlingerVille shall not be liable to you or any third-
party for any termination or suspension of your access to the Web
Site or any part thereof, removal of User Content or sale of any
products. You may terminate this Agreement at any time by immediately
discontinuing all access to the Web Site and by providing notice to
SlingerVille of such discontinuance. Termination or cancellation of
this Agreement shall not affect any right or relief to which
SlingerVille may be entitled at law or in equity. Upon termination of
this Agreement, you shall terminate all use of the Web Site and any
Content provided thereby. In the event of termination, you will not
be entitled to any refund of any fees or other charges, if any, paid
in connection with this Agreement.
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be
independent contractors, and neither party by virtue of this
Agreement shall have any right, power or authority to act or create
any obligation, express or implied, on behalf of the other party. You
acknowledge and agree that any expenses that you incur in furtherance
of this Agreement are voluntary in nature and are made with the
knowledge that this Agreement may be terminated as provided herein.
You shall not make a claim against SlingerVille, and SlingerVille shall
not be liable with respect to the recoupment of any expenditures or
investment made by you in anticipation of the continuation of this
Agreement beyond the term hereof. The parties agree that breach of
the provisions of this Agreement would cause irreparable harm and
significant injury to SlingerVille which would be both difficult to
ascertain and which would not be compensable by damages alone. As
such, the parties agree that SlingerVille has the right to enforce the
provisions of this Agreement by injunction (without necessity of
posting bond), specific performance or other equitable relief without
prejudice to any other rights and remedies SlingerVille may have for
your breach of this Agreement. The parties expressly and
unequivocally agree that any claim arising from the Web Site or this
Agreement (excluding claims for injunctive or other equitable relief)
shall be decided by binding nonappearance-based arbitration. The
parties shall endeavor to mutually agree to use the services of an
established alternative dispute resolution ("ADR") provider. In the
event the parties cannot mutually agree to an ADR provider, the
services of the American Arbitration Association shall be used to
resolve the claim. The ADR provider and the parties must comply with
the following rules: (a) the arbitration shall be conducted by
telephone, online and/or be solely based on written submissions, the
specific manner shall be chosen by the party initiating the
arbitration; (b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually
agreed by the parties; and (c) any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction.
In the event the foregoing arbitration provision does not apply, is
found inapplicable or otherwise not given full force and effect, the
parties agree that the sole and exclusive jurisdiction and venue for
any and all unresolved disputes related to this Agreement shall be in
any trial or appellate court located in or serving New Castle County,
Delaware, U.S.A., and in such event the parties expressly, explicitly
and unequivocally waive any and all right to a trial by jury.
If any action at law or in equity or any arbitration proceeding
is necessary to enforce the terms of this Agreement, the prevailing
party will be entitled to reasonable fees of attorneys, accountants
and other professionals, and costs and expenses in addition to any
other relief to which such prevailing party may be entitled. The
captions and headings of this Agreement are included for ease of
reference only and will be disregarded in interpreting and construing
this Agreement. The controlling language of this Agreement is
English. Any translations of this Agreement that may have been
provided by SlingerVille have been provided for convenience only and
shall have no binding effect. If the performance of any part of this
Agreement by either party (other than payment of money) is prevented,
hindered, delayed or otherwise made impracticable by reason of any
flood, riot, fire, judicial or governmental action, labor dispute,
act of God, telecommunications failure or any other cause beyond the
control of either party, that party shall be excused from such to the
extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional
terms referenced herein, constitutes the complete and exclusive
statement of the Agreement between the parties with respect to the
Web Site, Content, and products and services offered via the Web
Site, and, unless otherwise expressly provided herein, it supersedes
any and all prior or contemporaneous communications, representations,
statements and understandings, whether oral or written, between the
parties concerning the Web Site, Content, and products and services
sold via the Web Site. The disclaimers, terms and conditions on these
pages are of general application and may be supplemented by
additional policies, procedures, disclaimers, guidelines, rules,
terms or conditions of specific application disclosed on any
particular page of this Web Site, through the registration process or
contained in other express agreements entered into between you and
SlingerVille. In the event of an express conflict between these Terms
of Service and any additional policies, procedures, disclaimers,
guidelines, rules, terms or conditions of specific application or any
separate agreement entered into between you and SlingerVille, such
additional policies, procedures, disclaimers, guidelines, rules,
terms or conditions of specific application or separate agreement
shall control to the extent of such conflict. If any provision of
this Agreement is found unlawful or unenforceable in any respect, the
court shall reform such provision so as to render it enforceable or,
if it is not possible to reform such provision so as to make it
enforceable, then delete such provision. As so reformed or modified,
the court shall fully enforce this Agreement. The provisions of this
Agreement that by their content are intended to survive the
expiration or termination of this Agreement, including, without
limitation, provisions governing ownership and use of intellectual
property, representations, disclaimers, warranties, liability,
indemnification, governing law, jurisdiction, venue, remedies, rights
after termination and interpretation of this Agreement, will survive
the expiration or termination of this Agreement for their full
statutory period.
The United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transactions Act
shall not apply to this Agreement. SlingerVille makes no representation
that Content or other material or information on the Web Site is
appropriate to or available in locations outside of the United
States. You may not use the Web Site or export Content in violation
of United States export laws, regulations or restrictions. If you
access the Web Site from outside of the United States, you are
responsible for compliance with all applicable laws.
Copyright and Copyright Notices
SlingerVille respects the intellectual property of others, and we
ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please
provide SlingerVille's Copyright Agent the following information:an
electronic or physical signature of the owner or person authorized to
act on behalf of the owner of the copyright interest;a description of
the copyrighted work that you claim has been infringed; a description
of where the material that you claim is infringing is located on the
Web Site sufficient to allow us to locate the allegedly infringing
material; your address, telephone number, and email address; a
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Please contact SlingerVille's Copyright Agent for Notice of Claims
of copyright infringement at: info@slingerville.com. Copyright owners
and agents acknowledge that failure to comply with all of the
requirements of the foregoing may result in an invalidity of the
Digital Millennium Copyright Act notice. Counter-Notice. If you
believe that the User Content that was removed (or to which access
was disabled) is not infringing, or that you have authorization from
the copyright owner, the copyright owner's agent, or pursuant to the
law, to post and use the User Content, you may send a counter-notice
containing the following information to the Copyright Agent: your
physical or electronic signature; identification of the User Content
that has been removed or to which access has been disabled and the
location at which the User Content appeared before it was removed or
disabled; a statement that you have a good faith belief that the User
Content was removed or disabled as a result of mistake or a
misidentification of the User Content; and your name, address,
telephone number, and e-mail address, a statement that you consent to
the jurisdiction of the federal court in New Castle County, Delaware,
and a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent,
SlingerVille may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the
removed User Content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order
against the person providing such User Content, the removed User
Content may be replaced, or access to it restored, in 10 to 14
business days or more after receipt of the counter-notice, at
SlingerVille's sole discretion.