Agreement with Terms and Conditions: This agreement ("Agreement") sets forth the terms and conditions that apply to you ("Visitor"), an individual accessing the family of websites and applications ("SAM properties") of StoryArc Media, Inc., a division of Sandbox Networks, Inc. By accessing the SAM sites and applications, you agree to the following terms and conditions and the Privacy Statement. If you do not agree, you have no right or license to access any part of the SAM sites and applications, and you should not do so.
Changes in Terms and Conditions: SAM has the right to change or discontinue any aspect or feature of any SAM site or application, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. SAM has the right to change or modify the terms and conditions applicable to Visitor's use of any SAM site or application, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the SAM sites and applications, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of the SAM sites and applications by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
Conduct of Visitor
Lawful Use:Visitor shall use the SAM Sites for lawful purposes only. Visitor shall not post or transmit through any SAM site or application any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless SAM has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in SAM's discretion restricts or inhibits any other Visitor from using or enjoying any SAM site or application is expressly prohibited.
Downloading of Intellectual Property: The SAM sites and applications contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by SAM and portions of which are owned by other parties and licensed to SAM. The entire contents of the SAM sites and applications are copyrighted as a collective work/compilation. SAM owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of SAM (or the copyright owner(s) if other than or in addition to SAM). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.
Uploading of Intellectual Property: Visitor shall not upload, post or otherwise make available on any SAM site or application any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of any SAM site or application, Visitor automatically grants, or warrants that the owner of such material has expressly granted, SAM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants SAM the right to edit, copy, publish and distribute any material made available on any SAM site or application by Visitor.
Trademarks: Unless otherwise indicated, trademarks that appear on this site are trademarks of SAM or its affiliates. All other trademarks not owned by SAM or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SAM or its affiliates.
SAM reserves the right to monitor all Postings and to remove from a SAM site or application any Posting which SAM considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.
Warrant that You Have All Necessary Rights: You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Authorize Others to Use: You hereby authorize SAM to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that SAM or such other parties see fit. You shall have no claim or other recourse against SAM for infringement of any proprietary right in Postings.
Disclaimers and Limitation of Liability
Use Is At Visitor's Risk: VISITOR EXPRESSLY AGREES THAT USE OF THE SAM SITES OR APPLICATIONS IS AT VISITOR'S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER STORYARC MEDIA, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SAM SITES AND APPLICATIONS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY SAM SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ANY SAM SITE. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SAM SITES AND APPLICATIONS OR ANY SITES WITH WHICH IT IS LINKED. STORYARC MEDIA PROVIDES TECHNOLOGY AUTOMATICALLY PRODUCING SEARCH RESULTS THAT LINK AND/OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND INFORMATION, STORYARC MEDIA MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND STORYARC MEDIA ASSUMES NO RESPONSIBILITY AS TO WHETHER THE SEARCH LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF YOUR SEARCH ON OUR SITES MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. WE MAKE NO CLAIM THAT SUCH SURPRISES MIGHT NOT OCCUR.
No Warranties of Service: THE SAM SITES AND APPLICATIONS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Disclaimer of Liability
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT STORYARC MEDIA AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
Visitor's Waiver of Damages
IN NO EVENT WILL STORYARC MEDIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SAM SITES OR APPLICATIONS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SAM SITES OR APPLICATIONS. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ALL SAM SITES AND APPLICATIONS.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER STORYARC MEDIA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ANY SAM SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Indemnification: Visitor agrees to defend, indemnify and hold harmless SAM, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of any SAM site or application.
Please be advised that our email newsletters ("Newsletters") are part of a wide distribution, and that neither SAM nor any third party involved is monitoring, reviewing or screening the recipient email list prior to its distribution. The Newsletters are distributed only to those who have expressly opted-in to receive them. If local, state or federal rules or regulations prohibit the recipient from receiving these types of Newsletters or the recipient simply does not wish to receive same in the future or the Newsletter was sent to recipient in error, the recipient should immediately opt-out from receiving similar future offers and/or newsletters by visiting the SAM Newsletter Center and updating his or her subscription. The recipient can always opt back in to receive future offers and/or newsletters at any time by going to the Newsletter Center. To review and modify the categories of offers and/or newsletters for opted-in, please go to http://media.us13.list-manage2.com/unsubscribe?u=fb4b3dfef26c8de47798ef0cb&id=6e53c56866&e=0ec1b378ed.
Equipment for Visitor's Use
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of the SAM sites and applications, and for any/all charges related thereto.
SAM Sites' Content
Certain content portions of the SAM sites and applications are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of SAM. Neither SAM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. SAM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any SAM Site by anyone other than employee spokespersons of SAM while acting in their official capacities.
SAM always welcomes suggestions and comments regarding any SAM sites or applications. Any comments or suggestions submitted to SAM sites and applications or SAM, either online or offline, will become SAM's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by SAM might seem to others to be similar to their own submissions or comments.
This Agreement, and any operating rules for the SAM sites and applications established by SAM, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City and County of New York.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
Digital Millennium Copyright Act Compliance
If you have copyright concerns about any materials posted on this site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you have any complaints or objections to material posted on this site, please contact our Designated Agent ("Notice"):
Designated Agent StoryArc Media, 50 Congress Street, Suite 1025 Boston, MA 02109
Or, you can click here to email us about any copyright concerns about any materials posted on this site by others.
To be effective, the Notice must include the following:
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single SAM site or application are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SAM to locate the material;
Information reasonably sufficient to permit SAM to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you have questions or concerns about your account, please contact Customer Support at: http://sandboxnetworks.custhelp.com/app/ask/p/11.
IMPORTANT! READ CAREFULLY BEFORE ACCESSING, USING, INSTALLING AND/OR DOWLOADING THIS APPLICATION, PRODUCT AND/OR SERVICE
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS
YOU AGREE (IF YOU ARE A MINOR YOUR PARENT OR LEGAL GUARDIAN MUST AGREE) TO THESE TERMS BY ACCESSING, USING, INSTALLING AND/OR DOWLOADING THIS APPLICATION, PRODUCT AND/OR SERVICE
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS (IF YOU ARE A MINOR THEN IF YOUR PARENT OR LEGAL GUARDIAN DOES NOT AGREE), THEN DO NOT ACCESS, USE, INSTALL AND/OR DOWLOAD THIS APPLICATION, PRODUCT AND/OR SERVICE
- The Site is owned, controlled or licensed by StoryArc Media, Inc., its subsidiaries and/or affiliates (collectively, "SAM"), and is protected from unauthorized use, copying or other dissemination by copyright, trademark and patent rights, and by applicable laws, rules, regulations and treaties.
- These Terms also apply to any other services that SAM may provide to you in relation to the Site, such as customer support, social media and community channels, if any.
- The Site includes all materials that are included in or otherwise form a part of the Site, including but not limited to past, present and future versions, domain names, source and object code, content published on the Site and the Site's "look and feel".
- The specific game rules, scoring rules, controls and guidelines for the Site, if any, can be found within the Site itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you shall comply with them.
- You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Site. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access the Site. As used in these Terms, "use", "using", "access", "accessing" or similar words include accessing, using, installing and/or downloading the applicable application, product and/or service.
- There may be times when the Site or any part of it is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
- SAM reserves the right to suspend or terminate your access to the Site immediately without notice (including by deleting your account) if it reasonably believes that you are in material breach of these Terms (including by repeated minor breaches).
- You agree to compensate SAM, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
Changes to the Terms.
- You agree that SAM may notify you of such changes by posting a link to the updated Terms on the Site, and you agree that your use of the Site after SAM has posted the updated Terms (or engaging in such other conduct as SAM may reasonably specify) constitutes your agreement to the updated Terms. You should review these Terms before using the Site.
- Any changes or updates to the Terms will be effective as of the time of posting, or such later date as may be specified in the Terms, and will apply to your use of the Site from that point forward.
- If any future update to these Terms requires a click to accept, then you may not be able to continue to use the Site until you have clicked to accept the updated terms.
Right to Use The Site.
- SAM grants you a personal, limited, non-exclusive, revocable license to access and use the Site for your personal enjoyment subject to these Terms and for no other reason or purpose whatsoever.
- SAM reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any materials, information, or content available on the Site, including, without limitation, the cessation of all activities associated with the Site.
- You agree that, except as may be required by law, SAM will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
- When you use the Site, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site's content; (c) not use the Site in a manner that suggests an association between any third party and SAM or any of its products, services or brands; and (d) not yourself (and must not allow or assist any third party (whether or not for your benefit) to) copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any code including source code associated with the Site or insert any code or product to manipulate Site content in any way that affects any user's experience.
- You also agree that you will not, including by using any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute Site content (except as may be a result of standard search engine or Internet browser usage).
- SAM reserves all other rights to the Site and Site content. Except as explicitly authorized in the Terms, you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Site or Site content without SAM's permission. You may not transfer, resell or sublicense this limited right to use the Site.
- SAM always welcomes suggestions and comments regarding the Site.
- Any comments or suggestions submitted to SAM, either online or offline, will become SAM's property upon their submission.
- This policy is intended to avoid the possibility of future misunderstandings when projects developed by SAM might seem to others to be similar to their own submissions or comments.
- The Site is not intended for distribution to or use by any person or entity in any jurisdiction outside the United States where such distribution or use would be contrary to law or regulation or which would subject SAM to any registration requirement within such jurisdiction or country.
- SAM controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations.
- Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with applicable laws.
- We reserve the right to limit the availability of the Site (and/or the provision of any content, program, product, service or other feature described or available thereon) to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such content, program, product, service or other feature that SAM provides.
- Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
- By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
- You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
DISCLAIMERS AND LIMITATION OF LIABILITY.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
- THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
- SAM PARTIES DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SOFTWARE AND HARDWARE THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.
- SAM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL.
- SAM DOES NOT WARRANT THAT YOUR USE OF THIS SITE PURSUANT TO THESE TERMS IS LAWFUL IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES, AND SAM SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
- BY USING THE SITE OTHER THAN UNDER THE JURISDICTION OF THE UNITED STATES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU USE THE SITE.
- SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
- YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY SAM OR ITS LICENSORS AND SAM AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY; WAIVER.
- EXCEPT FOR LIABILITY ARISING OUT OF SAM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR UNDER STATUTORY CONSUMER PROTECTION LAWS AND REGULATIONS, IN NO EVENT WILL SAM BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRECEDING LIMITATION DOES NOT APPLY LIABILITY FOR DEATH OR PERSONAL INJURY.
- OTHER THAN LIABILITY ARISING OUT OF SAM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR UNDER SATUTORY CONSUMER PROTECTION LAWS AND REGULATIONS, IN NO EVENT WILL THE SAM TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
- NEW JERSEY RESIDENTS: NOTHING IN THESE TERMS IS INTENDED TO CONFLICT WITH OR LIMIT YOUR RIGHTS UNDER THE NEW JERSEY'S TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT ("TCCWNA"); IN THE EVENT OF A CONFLICT BETWEEN THESE TERSM AND THE TCCWNA, THE TERMS OF THE TCCWNA WILL CONTROL AND TAKE PRECEDENCE
- You agree to defend, indemnify and hold SAM, its subsidiaries, affiliates, and each of their respective officers, directors and employees (collectively, the "SAM Parties") SAM Parties harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to your violation of any applicable law or regulation or your breach of any right, including privacy and intellectual property right, of any third party.
- You will cooperate as fully required by the SAM Parties in the defense of any claim.
- The SAM Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the SAM Parties.
Class Action Waiver.
- You agree that any litigation relating to the Site will be conducted in its individual capacities only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.
- Entire Agreement. These Terms, and any operating rules for the Site established by SAM, constitutes the agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
- Controlling Law. These Terms shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. You and SAM agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Commonwealth of Massachusetts. NEW JERSEY RESIDENTS: NOTHING IN THESE TERMS IS INTENDED TO CONFLICT WITH OR LIMIT YOUR RIGHTS UNDER THE NEW JERSEY'S TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT ("TCCWNA"); IN THE EVENT OF A CONFLICT BETWEEN THESE TERSM AND THE TCCWNA, THE TERMS OF THE TCCWNA WILL CONTROL AND TAKE PRECEDENCE
- Waiver. SAM's failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit SAM's rights with respect to such breach or any subsequent breaches. No waiver by SAM of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of SAM. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.
- Assignment. SAM may assign its rights and duties under these Terms to any party at any time without any notice to you.
- Severability. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- Heading. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect.
- Drafting. You agree that these Terms will not be construed against SAM by virtue of SAM having drafted them.