THE FOLLOWING APPLY TO ALL USERS OF THIS WEBSITE
ENIGMA COMMUNICATIONS California Partnership and/or its limited and general partners, affiliates and subsidiaries (herein, collectively “We” “Us” “our”) maintains goofysnaps.com (the “Website” the “Site”) and by using this Site, all users (“Users” or “you”) are deemed to have agreed to and are subject to the terms of these terms and conditions (“Terms and Conditions“). Goofysnaps.com may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on this Site. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. Please note that this Site and services are open only to users 13 years of age or older who can submit certain requested information to us, including your name and correct email address, as a part of the photo submission process for the using the website. By using or attempting to use the Site, you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of the Site. If you are not yet 13 years old, you may have your parent sign up on your behalf and agree to supervise your use of the website. Otherwise, if you are underage or your use of our Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately.
1. User Conduct. This Site and any communications service, including the capability to contribute your photos or to participate as an observer through a chat room, blog, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, We reserve the right to block your usage of this Site and/or terminate your membership in any services offered and/or to refuse any and all current or future use of the Services.
You agree that you will not upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, or any other content or materials:
- that violates or infringes upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise, for which you do not have a right to submit or transmit to the Site under any law, including but not limited to intellectual property laws (i.e., music, pictures, audio-visual recording, or other copyrighted or trademarked material) for you which do not have the appropriate right or license that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
- that are abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that constitutes or perpetrates fraud or the impersonation of someone else, or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; or
- that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs, or to do anything that is designed to interrupt, disrupt, modify, impair, alter destroy, or limit the use, features, functionality, operation or maintenance of any computer software or hardware or telecommunications equipment of the Site or the rights or use and enjoyment of the Site by an other person, firm or enterprise, or engage in other similarly destructive activity which might overtly or surreptitiously intercept or expropriate any system, data or personal information on the site; or
- which would adversely affect the purpose or intention of the Site, including but not limited to, actually or attempting to manipulate, corrupt or otherwise tamper with any Website services or voting; or
- so as to gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site; or
- which sends or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”; or
- which affects us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; or
- which contains any material which constitutes any advertising, promotional material, offer of goods or services, trademarks, or other form of solicitation of a third-party entity or business which is not owned or licensed by the User or the User’s business which could be used for commercial or business purposes, or constitutes any material, non-public information about a third-party entity or business which is not owned or licensed by the User or it’s business or company, or linking with any other such third-party website or webpages, provided, however, that the User, it’s business entity or company shall have the legal right to use the pumpkin pattern carver to create patterns of your own copyrighted, trademarked or licensed content, which includes but is not limited to your advertising, promotional material, offers of goods or services, trademarks or other form of solicitation which could be used for commercial or business services, or which constitutes any material, non-public information such User wishes to disclose; or
- that violates any applicable local, state, national or international law, regulation, judicial order or treaty in connection with your use of this Site; or
- that will or could harvest, collect or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the terms and conditions of this Agreement or the purpose of this Site.
By using this Site, you acknowledge that We are not responsible for the Content submitted to goofysnaps.com or posted to the Site by users. ENIGMA COMMUNICATIONS and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part that, in our judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate or to refuse access to any User who violates these terms and conditions. We are not responsible for any failure, non-failure or delay in removing such Content. You acknowledge and agree that ENIGMA COMMUNICATIONS and goofysnaps.com may disclose information about you or your use of the Services if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ENIGMA COMMUNICATIONS, goofysnaps.com, its users or the public.
2. Content. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Us or submitted to goofysnaps.com. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of ENIGMA COMMUNICATIONS and We do not support or endorse any Content (including any Contribution presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by any User.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store information submitted by you or other users to goofysnaps.com.
3. No Copying. Enigma Communications and goofysnaps.com requires all users of the Site to respect our copyrights, trademarks, service marks and any other intellectual property rights, whether they are ours, or belong to any third party. You may be subjected to civil and or criminal penalties for any unauthorized or prohibited use of either our or any third party’s Material under applicable federal, state and local laws.
By use of this Site, you are granted a limited license to view the Content and participate in the services offered on this Site (in compliance with the Terms and Conditions and the Materials Submission Agreement), but you do not thereby acquire any right, title or interest in any intellectual property contained in this Site. Users may not download, save or copy the Website or any portion thereof, for any purpose. ENIGMA COMMUNICATIONS, and goofysnaps.com and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers own all the right title and interest in the proprietary information and contents of this Site and any Linked Sites, including but not limited to all applications, text, images, design, audio and video material, artwork, graphic material, databases, software, databases, audio and video material, photographs, illustrations, artwork, graphic material, the so-called “look and feel” of the Site (including but not limited to the design, arrangement of items, the manner and sequence of making selections and/or interacting on the Site, and all trademarks, service marks and trade names or copyrightable, or otherwise legally protectable elements of the Site (individually and/or collectively, “Material”) and as such is protected by any and all applicable copyright or other intellectual property laws regulations and treaties to the fullest extent of the law. If you believe that the Site contains elements that infringe on any copyrights you claim to your own work, follow the procedures set forth in our Copyright Compliance Policy and notify us immediately and we will act expeditiously to remove infringing content from the Site, and disable the access to the Site and its services of any repeat infringer.
4. Materials. In operating this site, ENIGMA COMMUNICATIONS and goofysnaps.com do not solicit nor do they wish to receive any confidential, secret or proprietary information or other material from you through the Site or ENIGMA COMMUNICATIONS or goofysnaps.com mail and e-mail addresses, or in any other way. Any information or material submitted or sent to goofysnaps.com, will be deemed not to be confidential or secret. By submitting or sending information or other material to ENIGMA COMMUNICATIONS or to goofysnaps.com you represent and warrant that the information is original to you and that no other party has any rights to the material and that you agree to these terms and conditions as well as the goofysnaps.com Copyright Policy and goofysnaps.com Privacy Policy.
5. Ownership of Submitted Material. By submitting any Materials to the Site and agreeing to the Materials Submission Release, Users warrant that the Submission Materials (as that term is defined this agreement and all elements contained therein, are the original, sole work of the User, or have been fully cleared by the User and the User has obtained all rights, permissions (including but not limited to all Collaborator Releases, if any) and that neither the video submission, nor Publishers uses thereof will infringe on any rights or trademarks of any person or entity. the Users furthermore confirm that, to the best of their knowledge, any statements made in connection with the Submission Materials are true and do not violate or infringe on any third party’s rights and that he/she will be solely responsible to any and all third parties who claim adverse rights to any of the submitted materials. User (or if under the age of Majority, their Parent or Guardian) further agrees to sign, upon request, any documentation and releases necessary to prove User’s unrestricted ownership in all materials contained in their Submission Material. To the extent any terms contained in this paragraph are contrary to the terms of the Material Submission Agreement as to the ownership of Submitted Material, that Material Submission Agreement shall prevail.
6. Rights Granted to Publisher and Other Publisher’s Entities. In consideration of Publisher allowing the User to use the Website, and without additional consideration to the User or any third party, Publisher shall be granted the non-exclusive, irrevocable, perpetual right and license to edit, exhibit, broadcast and/or transmit and otherwise use such Submission Materials and the results and proceeds thereof, or any portion or excerpts thereof, in any manner, an unlimited number of times, throughout the universe in any and all media, now known or hereafter devised with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade without any additional compensation to the User or any third party. The User further agrees that any such submitted materials shall be a “work for hire”, with all rights therein, including without limitation, the exclusive copyright, being the property of the Publisher. In the event the submitted materials are not considered to be a “work made for hire,” the User shall agree to individually and irrevocably assign to Publisher all right, title and interest in the submitted materials, including, without limitation, the copyright and all renewals and extensions thereof) in any manner, an unlimited number of times, throughout the universe in any and all media, now known or hereafter devised with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade without any additional compensation to the User or any third party. To the extent any terms contained in this paragraph are contrary to the terms of the Material Submission Agreement as to the rights granted to Publisher and other Publisher’s entities, the Material Submission Agreement shall prevail.
7. Linked Sites. You may be able to link to third parties’ Websites (“Linked Sites”) from the goofysnaps.com Site. Linked Sites are not, however, reviewed, controlled, or examined by goofysnaps.com or ENIGMA COMMUNICATIONS in any way and neither ENIGMA COMMUNICATIONS nor goofysnaps.com are responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply ENIGMA COMMUNICATIONS’ or goofysnaps.com endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall ENIGMA COMMUNICATIONS or goofysnaps.com be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. ENIGMA COMMUNICATIONS and goofysnaps.com reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.
8. Privacy Policy. We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.
9. Bulletin Boards, Chat Rooms, Postings. The Site may include bulletin boards, chat rooms and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials. We have no obligation to monitor and do not control the material delivered to or posted to the Site. We do not have any responsibility or assume any liability for any materials posted on blog pages, chat rooms, Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site. We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. ENIGMA COMMUNICATIONS and goofysnaps.com also reserve the right to refuse to post, edit or to remove any information or materials, in whole or in part, that are objectionable or in violation of these Terms of Service as determined in the sole opinion and discretion of either ENIGMA COMMUNICATIONS or goofysnaps.com.
By using the Site to post messages, upload files, input data, or engage in any other form of communication, you are granting to ENIGMA COMMUNICATIONS and /or to goofysnaps.com, and their assigns and designees a non-exclusive, royalty-free, perpetual, unrestricted, worldwide license to: a) Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; b) Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include all necessary rights to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
10. Disclaimer of Warranties. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ENIGMA COMMUNICATIONS AND/OR GOOFYSNAPS.COM SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. ENIGMA COMMUNICATIONS AND/OR GOOFYSNAPS.COM DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
ENIGMA COMMUNICATIONS AND/OR GOOFYSNAPS.COM DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE. YOU (AND NOT ENIGMA COMMUNICATIONS AND/OR GOOFYSNAPS.COM OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Limitation of Liability. IN NO EVENT WILL ENIGMA COMMUNICATIONS AND/OR GOOFYSNAPS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF ENIGMA COMMUNICATIONS AND/OR GOOFYSNAPS.COM OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ENIGMA COMMUNICATIONS AND/OR GOOFYSNAPS.COM’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Release / Waiver / Indemnification. Upon a request by ENIGMA COMMUNICATIONS and/or goofysnaps.com, and by using the Website, each User (or if under the age of Majority, their Parent or Guardian) (collectively, “Users”) agrees to forever defend, release, indemnify, hold harmless, discharge, and waive all claims against the officers, directors, employees, contest judges, hosts, shareholders, agents and representatives, and their advertising, promotion and legal advisors thereof – herein, the “Released Parties”) from and against claims, damages or liability arising in any way from any breach of this Agreement by you or by your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you, or which are due to any injuries damages or losses to the User or any person (including but not limited to death, defamation, invasion of privacy or publicity) or losses or injuries to property (including but not limited to copyright, publishing and claims against the Publisher and the Publisher’s Entities (and each of their respective parent companies, loan-out companies, subsidiaries and affiliates, and their past, present and future synchronization rights, misappropriation other intellectual property, or your use of any Collaborator or other person and any other identifiable individual who appears or performs in your Submission Materials, or whose creative work is embodied in or is described in the Submission Materials). Additionally, the User waives any and all rights that the User may have under any laws or statutes worldwide that concern “moral rights” or “droit moral,” in connection with the User’s Submission Materials and Registration materials.
The User hereby further agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the User’s warranties, representations or agreements hereunder, including but not limited to the User’s ownership of the Submitted Material and copyright thereto.
13. Text Messaging and Wireless Marketing Services. Users and viewers of goofysnaps.com may register on the Site and agree to use text messaging and other wireless services (such a mobile phones) to vote in favorites polls and to view and deliver special promotions, services, news, programming and information from goofysnaps.com. The affiliated services who provide this service may request a user’s telephone number or wireless email address and carrier name as part of the online registration process, and might also make requests for information for specific promotion which you may give at your option, such as a user’s preferences regarding goods or services, choices of music or artists, or other similar survey information. You might also be asked to provide an Internet email address or other information and be required to agree to the Site’s Privacy Policy, Terms of Use Agreement and other agreements.
Users of text messaging and other wireless marketing services agree to be charged by the user’s wireless carrier for all messages sent by the user or which user receives from goofysnaps.com. Standard messaging rates will apply, unless noted otherwise in any Additional Terms and Conditions, Materials Submission Release, or other agreement. Neither goofysnapscom, Enigma Communications, nor its Affiliates, designees or assigns will be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
Goofysnaps.com may terminate the use of any wireless marketing services at any time without advance notice, and at its sole discretion and without liability to any user. Goofysnaps.com may provide notice of terminations or changes in services on this Site.
14. Applicable Laws / Jurisdiction. BY REGISTERING, BECOMING A MEMBER, USING THE SITE AS A VISITOR OR ATTEMPTING TO SUBMIT ANY MATERIAL TO THE SITE, EACH USER EXPRESSLY AGREES AND SUBMITS AND CONSENT TO THE EXCLUSIVE AND SOLE EXERCISE OF PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN RIVERSIDE, CALIFORNIA AND SAN BERNARDINO COUNTY, CALIFORNIA, AND THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF YOUR USE OF THE WEBSITE SHALL BE GOVERNED AND CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA IN THE UNITED STATES OF AMERICA WITHOUT APPLICATION OF ITS CONFLICT OF LAWS PRINCIPLES, AND THE USER WAIVES ANY AND ALL JURISDICTIONAL, VENUE OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. IN CONNECTION WITH ANY SUCH DISPUTE AND INCLUDING ANY CLAIM INVOLVING ENIGMA COMMUNICATIONS AND/OR GOOFYSNAPS.COM OR ITS LIMITED AND GENERAL PARTNERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, TELECOMMUNICATION PROVIDERS AND CONTENT PROVIDERS. WE CONTROL AND OPERATE THIS SITE FROM OUR OFFICES IN SAN BERNARDINO COUNTY, CALIFORNIA. PERSONS WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE IN THE JURISDICTION IN WHICH APPLICABLE USERS ARE LOCATED.
15. Modifications. ENIGMA COMMUNICATIONS and/or goofysnaps.com reserves the right, in it’s sole discretion, to change the terms of this agreement and any other agreements in connection with the Website at any time and for any reason. These Terms and Conditions cannot be changed or terminated orally. If we do make material changes to this or any other Agreement, we will notify your either by e-mailing you or by posting notices on the Site, such as changing the date of revision for such changes. The changes will become effective immediately after our notice, and any use by you after such time will constitute your agreement to be bound by the changes. You can best remain aware of your most current rights and obligations by frequently returning to this page and reviewing the terms and conditions contained in our Agreement and the terms of any other agreements in connection with the Website.
16. Contests, Sweepstakes, Auctions And Promotions. ENIGMA COMMUNICATIONS, goofysnaps.com, or any affiliates thereof may conduct promotions on or through the Site from time to time, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may posted or otherwise make available to you Additional Terms, Official Contest Rules and/or Materials Submission Releases and agreements which will be deemed incorporated into and form a part of this Agreement. To the extent that any conflict exists between such agreements and this Terms of Use, the rules for the activity in which you choose to participate shall govern.
17. Notices / Delivery Disclaimer / Further Documents. The User shall keep Publisher notified of their current contact information, otherwise all notices shall be sent to the addresses, telephone numbers, or e-mail addresses provided by The User on their Registration page. The Publisher’s Entities (and their officers, directors, employees, shareholders, agents and representatives, and the parent companies, loan-out companies, subsidiaries and affiliates of the foregoing, and the advertising, promotion and legal advisors thereof) disclaims all liability for any delayed, misdelivered, lost, intercepted or failed delivery to any potential recipient for any reason of any item, notification, sent by mail, courier, express, e-mail, electronic transmission, or other delivery method. Publisher is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email of participants on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participant’s or to any other individual’s computer related to or resulting from participating or downloading materials to or from this Website.
18. Publicity Release / Confidentiality. Except where prohibited by law, all Users grant the Publisher’s Entities exclusive permission to use any image, likeness, voice, name, characters, and photograph in correlation with their registration and Submission Materials in any publicity or advertising relating to the Website, the Publisher’s Entities Websites or other media outlets now known or hereinafter invented. The User further agrees that the Publisher and/or Publisher’s Entities may disclose any personal information obtained from the Users in the Contest or Material Submissions to third parties and authorize others to use the User’s name, voice and likeness and use such information for marketing, advertising, promotional and other purposes. Potential Finalists and Finalists shall treat all information and materials received or acquired about the Publisher’s Entities, Released Parties, the selection process and/or the Contest, as strictly confidential and shall not disclose or otherwise disseminate any such information to any third party, and must agree to any further releases and waivers in the form presented by the Publisher’s Entities.
19. Miscellaneous Terms / Unenforceable Provisions / Survivability. These Terms and Conditions, together with our Privacy Policy, our Copyright Policy, our Contest Rules (if any) and any other agreements on this Website, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and Enigma Communications and/or goofysnaps.com and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. If any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Terms and Conditions will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms and Conditions; however, no action arising out of these Terms and Conditions or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
If you have any questions about these Terms and Conditions or our site in general, please contact us at webmaster@goofysnaps.com.
These Terms and Conditions Agreement is effective immediately.
