LosTweens, Inc. (“LosTweens”) may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing LosTweens.com for any reason.
You must be 18 [xx] years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use LosTweens.com in any manner. By visiting LosTweens.com or accepting these Terms, You represent and warrant to LosTweens that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to LosTweens that You will use LosTweens.com in a manner consistent with any and all applicable laws and regulations.
A. In order to access some features of LosTweens, you will have to create a LosTweens account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LosTweens immediately of any breach of security or unauthorized use of your account.
B. Although LosTweens will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LosTweens or others due to such unauthorized use.
C. LosTweens permits You, which includes all Visitors, Registered Users, and Advertisers, to participate in, use and/or obtain access to the LosTweens Products and Services in a variety of ways, explained in more detail below.
D. Visitors: If you visit any of the LosTweens sites, but fail to register, your access and rights to use the LosTweens services will be significantly limited. As a Visitor you are restricted from certain aspects of the LosTweens sites.
2. Use of LosTweens Content.
LosTweens authorizes You to view and access a single copy of the content available on or from LosTweens.com solely for your personal use. The contents of LosTweens.com, and of all other Web sites under LosTweens’s control, whether partial or otherwise (LosTweens.com and such other Web sites are sometimes collectively referred to as “LosTweens Sites”) such as text, graphics, images, logos, button icons, software and other LosTweens content (collectively, “LosTweens Content”), are protected under both United States and foreign copyright, trademark and other laws. All LosTweens Content is the property of LosTweens or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the LosTweens Sites is the exclusive property of LosTweens and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the LosTweens Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original LosTweens Content on any authorized copy You make of the LosTweens Content.
You agree not to sell or modify the LosTweens Content or reproduce, display, publicly perform, distribute, or otherwise use the LosTweens Content in any way for any public or commercial purpose, in connection with products or services that are not those of LosTweens.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits LosTweens or its licensors, that dilutes the strength of LosTweens’s or its licensor’s property, or that otherwise infringes LosTweens’s or its licensor’s intellectual property rights. You further agree to in no other way misuse LosTweens Content that appears on this Site, other than those specifically permitted herein or by written agreement with LosTweens. Unless specifically permitted herein or in writing by LosTweens, the use of the LosTweens Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that LosTweens creates to generate or display any LosTweens Content or the pages making up any LosTweens Site is also protected by LosTweens’s copyright and you may not copy or adapt such code.
(2)(i) LosTweens’s Ownership Rights. LosTweens and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the LosTweens Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the LosTweens Products and Services. By entering into this Agreement or by Your Participation, You will not acquire any intellectual property or similar rights in the LosTweens Products or Services other than a limited right to use the Products or Services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LosTweens Products, the LosTweens Partner Program or related products and services; or (ii) use LosTweens’s name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without LosTweens’s prior written consent.
(ii) Your Ownership Rights. Subject to the licenses granted in this Agreement, You do not retain any right, title and interest, including without limitation all worldwide intellectual property rights, in and to the Content of any information that are placed, submitted, posted or displayed by You on or through the LosTweens Products and Services. By posting or providing commentary, You grant LosTweens an unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your content without further compensation or payment. Your request to remove your content or any LosTweens content which you have properly made a claim to, does not alter or effect LosTweens’s unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works. You acknowledge that You are aware that LosTweens has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that LosTweens assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, LosTweens is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers who fail to cease using Your Content or intellectual property upon revocation. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights. LosTweens may, at its discretion, choose to assist You in connection with protecting or enforcing Your intellectual property rights in a particular instance; in such event, this does not mean that LosTweens has an obligation to do so in any other instance and this does not mean that LosTweens has an obligation to effectively protect or enforce Your intellectual property rights.
(iii) LosTweens’s Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the LosTweens marks solely for purposes of identifying LosTweens and solely in connection with Your permitted activities under this Agreement. You agree that the LosTweens marks and all associated goodwill are and will remain the sole property of LosTweens, that any goodwill generated as a result of Your licensed use of LosTweens marks belongs exclusively to LosTweens and inures solely to the benefit of LosTweens, and that Your use of LosTweens marks is subject to LosTweens’s control of the quality of any products or services with respect to which You may be authorized to use LosTweens marks.
3. LosTweens Site Restrictions.
You may not use any LosTweens Site in order to transmit, post, distribute, store or destroy material, including without limitation, LosTweens Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You warrant and agree that, while using the LosTweens site and the various services and features offered on or through the LosTweens site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the LosTweens site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the LosTweens site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the LosTweens site or the services offered on or through the LosTweens site, including without limitation any information residing on any server or database connected to the LosTweens site or the services offered on or through the LosTweens site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the LosTweens site or the services made available on or through the LosTweens site in any manner with the intent to interrupt, damage, disable, overburden, or impair the LosTweens site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the LosTweens site or the LosTweens site’s services or features in violation of LosTweens or any third party’s intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, auction ids LosTweens site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the LosTweens site, or any transaction via the LosTweens site; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (k) use the LosTweens site or the LosTweens site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the LosTweens site or the LosTweens site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the LosTweens site in any manner that could damage, disable, overburden, or impair the LosTweens site or interfere with any other party’s use and enjoyment of the LosTweens site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the LosTweens site.
4. Specific Prohibited Uses or Restrictions.
LosTweens specifically prohibits and You agree not to do any of the following: (a) post or submit to any LosTweens Site any incomplete, false or inaccurate information including but not limited to biographical information, information which is not your own information submitted for publication in any LosTweens forum, information submitted for publication in any LosTweens newsletter or communication ; (b) post on any LosTweens Site any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents; (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any LosTweens Site; (d) delete or revise any material posted by any other person or entity; and (e) take any action that imposes an unreasonable or disproportionately large load on any LosTweens Site’s infrastructure;
The following is a partial list of User Content that is prohibited on the LosTweens Sites. The list below is for illustration and is not a complete list of all prohibited User Content: Content that: (1) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; (2) harasses, incites harassment or advocates harassment of any group or individual; (3) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (4) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (5) promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; (6) contains restricted or password only access pages, or hidden pages or images; (7) displays or links to pornographic, indecent or sexually explicit material of any kind; (8) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or (9) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and (10) solicits passwords or personal identifying information from other Users.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, LosTweens may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. LosTweens has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information and Password.
When You register with any LosTweens Site, including but not limited to as a Registered User or Sponsor, You will be asked to create a LosTweens Account or other account and provide LosTweens with certain information including, without limitation, a valid email address (your “Information”). Information you submit will be used in accordance with LosTweens’s Privacy Statement. You are responsible for providing accurate information in order to create an account, including those obligations noted in Section 6 xx.
You understand and acknowledge that you have no ownership rights in your LosTweens Account, and that if you cancel your LosTweens Account, all your account information from LosTweens, will be marked as deleted in LosTweens’s databases and may be removed from any public area of the LosTweens Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through LosTweens’s web servers. In addition, third parties may retain cached copies of your Information.
You are responsible for maintaining the confidentiality of your employer account, LosTweens Account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your LosTweens.com registrations and passwords, whether or not authorized by You. You agree to immediately notify LosTweens of any unauthorized use of your LosTweens Account, Profile, or passwords, as the case may be.
6. User Content and Submissions.
You are solely responsible for your LosTweens Account information, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (“User Content”) that You post on any LosTweens Site or transmit to other Users. You agree that in submitting User Content or otherwise using any LosTweens Site that you will not impersonate any person, or submit any materials to LosTweens that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
By posting User Content to any public area of any LosTweens Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to LosTweens and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any LosTweens Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any LosTweens Site retains any and all rights that may exist in such User Content.
LosTweens acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, LosTweens may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any LosTweens Site.
LosTweens reserves the right to expel Users and prevent their further access to the LosTweens Sites and/or use of LosTweens services for violating the Terms or applicable laws, rules or regulations. LosTweens may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for LosTweens, damage LosTweens’s brand or public image, or cause LosTweens to lose (in whole or in part) the services of its ISPs or other suppliers.
LosTweens does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
LosTweens’s policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “User Concepts”), the User Concepts shall be the property of LosTweens. None of the User Concepts shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any User Concepts. LosTweens shall have an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Concepts (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Concepts, and to grant and authorize sublicenses thereof (through multiple tiers).
7(a). Public Forums/Submissions
“Public Forum” means an area, site or feature offered as part of any LosTweens Site that offers the opportunity for users to Distribute Submissions for viewing by one or more LosTweens Site users, including a chat area, message board or social community environment.
YOU ACKNOWLEDGE THAT PUBLIC FORUMS AND FEATURES OFFERED THEREIN ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION TO A PUBLIC FORUM. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
Subject to applicable law, you are and shall remain solely responsible for the Submissions you Distribute on or through any LosTweens Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute. We reserve the right to screen, refuse to post, remove, edit, store and/or review Submissions at any time and from time to time and for any or no reason including, without limitation, to ensure that the Submissions conforms to these Terms, in our absolute and sole discretion without prior notice. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
7(b). Removal of Submissions
If You Participate as a Sponsor, You are solely responsible for all advertising content You transmit or submit to LosTweens or through the LosTweens Partner Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, “Ads”). Prior to providing any Ads and Participating as a Sponsor, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to LosTweens (the “Advertiser Agreement”). LosTweens disclaims all liability relating to Your Ads and You agree to indemnify LosTweens for all loses LosTweens incurs associated with the Ads. You may not submit Ads that contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. LosTweens, in its sole discretion, has the right to determine whether any Ads contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. In connection with LosTweens’s marketing, distribution and the provisions of LosTweens’s Partner Program, and in addition to the terms set forth in the Advertiser Agreement, You permit LosTweens to: (a) tag Your Ad with information that will be used by LosTweens to identity it as Your Ad and assist LosTweens in properly tracking the Ad; (b) associate Your Ad with Content, and (c) distribute, or have distributed, Your Ad in the LosTweens Distribution Network via Online Distribution. LosTweens may, in its discretion, reject, suspend access to or remove any of Your Ads from the LosTweens Network at any time. You agree and accept that distribution of Your Ads on any part of the LosTweens Distribution Network may be subject to acceptance by any applicable Third Party Service Providers.
9. Copyright Agent.
(a) We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to LosTweens, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.
Attn: Copyright Agent
Los Tweens & Teens LLC
P.O. Box 545914
Surfside, FL 33154
If we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement. If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:
You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above. Your counternotice must be a written communication sent and must include substantially the following information:
(1) A physical or electronic signature of the subscriber (you the user).
(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(3) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(4) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
10. LosTweens’s Liability.
LosTweens.com acts as a venue for sharing parenting tips and ideas. LosTweens may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for LosTweens, damage LosTweens’s brand or public image, or cause LosTweens to lose (in whole or in part) the services of its ISPs or other suppliers. While LosTweens reserves the right in its sole discretion to remove User Content, Submissions, or other material from LosTweens.com from time to time, LosTweens does not assume any obligation to do so and disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through LosTweens.com and/or the other LosTweens Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using LosTweens.com and/or the other LosTweens Sites.
Because User authentication on the Internet is difficult, LosTweens cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any LosTweens Site, in the event that You have a dispute with one or more Users, You release LosTweens (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The LosTweens Sites and the LosTweens Content may contain inaccuracies or typographical errors. LosTweens makes no representations about the accuracy, reliability, completeness, or timeliness of any LosTweens Site or the LosTweens Content. The use of all LosTweens Sites and the LosTweens Content is at your own risk. Changes are periodically made to LosTweens Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material contained therein placed by You on the LosTweens Sites.
LosTweens cannot guarantee and does not promise any specific results from use of LosTweens.com or any LosTweens Site. No advice or information, whether oral or written, obtained by a User from LosTweens or through or from LosTweens.com or any other LosTweens Site shall create any warranty not expressly stated herein.
11. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LOSTWEENS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, LOSTWEENS AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY LOSTWEENS”AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND LOSTWEENS OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL LOSTWEENS, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BA FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
13. Local Standards.
We do not represent that materials on the LosTweens site are appropriate for use in all locations. Persons who choose to access the LosTweens site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Links to Content and Other Sites.
LosTweens.com and certain other LosTweens Sites contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by LosTweens of the contents on such third-party Web sites. LosTweens is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
You agree to defend, indemnify, and hold harmless LosTweens, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any LosTweens Site, (ii) your use of any LosTweens Content, or (iii) your breach of the terms of these Terms. LosTweens shall provide notice to You promptly of any such claim, suit, or proceeding.
(a) The LosTweens Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or the applicable local emergency service immediately. Reliance on any information appearing on a LosTweens Site is strictly at your own risk. LosTweens Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The content of LosTweens Sites are intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, the LosTweens Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
(b) The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Florida, Miami-Dade County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Miami-Dade County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by LosTweens must be made in writing and signed by an authorized representative of LosTweens specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, LosTweens’s successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.
17. Legal Disputes
If any dispute arises between You, a Visitor, a Registered User, an Advertiser and/or LosTweens or any combination thereof, as it relates to LosTweens and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in [xx county], Florida and the decision of a single English speaking arbitrator shall be final and binding. You further agree that in the event LosTweens becomes a party to the dispute involving this Agreement, each party shall bear its own costs and legal fees. In any disputes between You, a Visitor, Registered User, an Advertiser, where LosTweens is not a party to the suit, you agree to pay $1,000.00 in damages and costs for LosTweens having to respond to any subpoena regarding the dispute.
18. Confidential Information: During the term of this Agreement, You may receive confidential information from LosTweens related to Your Participation. Except as expressly authorized by this Agreement or necessary for performance under this Agreement, You will use reasonable efforts to maintain the confidentiality of all such information and You will not disclose such information without the prior written consent of LosTweens. In no event will You use less effort to maintain the confidentiality of such information than You ordinarily use with respect to Your own confidential information. The foregoing will not restrict You from disclosing confidential information of LosTweens: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that if You are required to make such a disclosure, You give reasonable and timely notice to LosTweens to contest such order or requirement; and (b) on a confidential basis to Your legal or financial advisors, or prospective acquirers or investors. Examples of LosTweens confidential information include without limitation: (i) all software, technology, services, algorithms, search engines and search indices, programming, specifications, materials, guidelines and documentation relating to the LosTweens Products and services and (ii) Trial Features or any other information designated in writing by LosTweens as “Confidential” or an equivalent designation. Confidential information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by You; (b) is rightfully known by You at the time of disclosure without a confidentiality obligation; (c) is independently developed by You without use of LosTweens’s confidential information; or (d) You rightfully obtain from a third party without disclosure restrictions.
These Terms constitute a binding agreement between You and LosTweens, and is accepted by You upon your use of the LosTweens Site.