These Terms of Use Are a Contract Between You and Us.
These terms of use ("Agreement") are a contract between you and us. Other than as expressly stated herein, there are no third-party beneficiaries of this Contract.
Agreement.
You represent to us that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created an account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access a Product offered directly by us or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Product). If you do not agree to the Agreement, you may not use the Products.
Supplemental Terms.
This Agreement governs the Products in general. More specific and/or supplemental terms and conditions may apply to some Products, including but not limited to, a particular contest, sweepstakes or promotion, software, application, promotional code, service or other activity; availability of certain merchandise, content, programs, or other activities; conditions or other limitations to the Products for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Product.
Amendments.
We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Products or changes in law. If we make a material change to this Agreement, it will be effective thirty days following either our dispatch of a notice to you or our posting of the amended terms through the Products, the third party that makes Products available to you,. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use the Products you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the Products. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.
Accounts.
Some Products permit or require you to create an account to participate or to secure additional benefits. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
Passwords and Security.
You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Products.
Electronic Notice.
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
Termination or Suspension.
We may terminate or suspend your access to any Products, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Products in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Products.
Usage Rules.
Changes to the Products.
The Products are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue Products. If required by law, we may also need to suspend, restrict, or terminate your access to Products.
Third-Party Services or Platforms.
The Products may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. If you access a Product using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary of this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Products using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service. You represent to us that you have read and agreed to those terms.
Internet, Browser and System Requirements.
You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Products. You are required to review the minimum requirements necessary for use of the specific Product.
Mobile Networks.
When you access the Products through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using certain Products may be prohibited or restricted by your network provider and not all Products may work with your network provider or device.
Consent to Messages.
When you use the Products, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. You can opt out of promotional communications by following the "Unsubscribe" directions for emails, through the settings of the Product, or, if via text message, by responding STOP. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PRODUCTS.
Informational and Entertainment Purposes.
You understand that the Products are for your personal, noncommercial use and are intended for informational and entertainment purposes only; the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
Commercial, Marketing, or Branding Use Prohibited.
Except as expressly licensed, we do not allow uses of the Products, or other intellectual property, that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
Malware.
You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Product or connected network, or interfere with any person or entity's use or enjoyment of any Product.
Simulated Activity.
You understand that to support smooth operation of the Products across wide geographic areas, aspects of certain activities, may be simulated to avoid delays.
Affiliate Advertising Programs.
We are a participant in affiliate advertising programs designed to provide a means for websites, apps, or services to earn advertising fees by advertising and linking to third party retail sites.
Additional Provisions.
Choice of Forum.
You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Severability.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Survival.
The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content.
Waiver.
No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
