Terms of Use

These Terms of Use (hereinafter referred to as the or this “Terms of Use“) is a legal agreement by and between superbowlcommercials.co (hereinafter referred to as “Us” or “We” or “Our”) and each end user (hereinafter referred to as “you” or as a “User”) and set forth the terms and conditions that will govern your receipt or utilization of the Services (as defined herein).  Please note that these Terms of Use are in addition to and should be read together with our Privacy Policy which a is hereby incorporated by this reference.  Collectively, the Terms of Use and Privacy Policy shall be referred to as the “Terms”.

 

1. Acceptance of Terms

Our website, http://www.superbowlcommercials.co/ (the “Website”) is sponsored by Wix.com. By using the Website and/or any service, product, Content (as defined below), or material offered by Us or third parties (collectively, for the purposes of the Terms of Use, the “Services”) or providing such other acceptance of these Terms of Use or Privacy Policy, whichever occurs first, you thereby acknowledge and signify your understanding of and assent to the Terms of Use and Privacy Policy, which are incorporated herein by reference.

PLEASE READ THESE TERMS OF USE CAREFULLY. ACCEPTANCE OF THESE TERMS OF USE IS A REQUIREMENT AND CONDITION TO MAKING ANY USE OF THE WEBSITE OR THE SERVICES. IF YOU ARE NOT WILLING TO AGREE TO THESE TERMS OF USE, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY.

2. Eligibility

By downloading, accessing, or using the Website or by making any use of the Services, you represent and warrant that (a) all information you submit (if any) is complete and accurate; (b) you are at the legal age of majority in accordance with the laws of the territory of your residency.  Failure to abide by the foregoing shall result in immediate termination of these Terms of Use and membership or subscription status and deletion of your account without further notice.

3A. Services

As further described on the Website, the Services offer Users certain services or products, as presented and offered in our Website from time to time.  The Services may further offer (upon our full and sole discretion) certain communication functionalities or other communication and include the right to access, view and use certain content, including but not limited to text, comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video (collectively referenced as the “Content”).

The general Content layout, formatting, and arrangement of or for the Website or the Services shall be as specified or determined by Us in our sole discretion.  We shall use commercially reasonable efforts to make the Services accessible to you through the Website, subject to Our sole right to modify or change the Services or Website or to perform required and emergency maintenance, failure of third party websites, pages, networks and communications facilities, and events of force majeure.

With respect to any of the Services, you further acknowledge and agree to the following: (i) We have the right to control and direct the means, manner, and method by which the Services are performed and may perform the Services at any place or location and at such time as We may determine reasonable; (ii) We may, from time to time engage independent contractors, consultants, or subcontractors to aid We in performing the Services and to create the products offered in the Website; (iii) We have the right to perform Services for and on behalf of others, and (iv) We may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at Our sole discretion.

3B. Disclaimer of Liability or Endorsement

We expressly disclaim liability for errors and omission in the contents of this Website. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given with respect to the contents of this Website or its links to other Internet resources.

The information appearing on this Website is for general informational purposes only and is not intended to provide legal or ethics-related advice to any individual or entity. We urge you to consult with your own legal or ethics advisor before taking any action based on information appearing on this site or any site to which it may be linked.

We may be legally required, for example, by a court order, to post documents generated by third parties that may contain offensive, defamatory, or misleading or otherwise inappropriate content. We disclaim responsibility for the content of these documents.

REFERENCE IN THIS WEBSITE TO ANY BLOG, TEXT, SPECIFIC PRODUCT, VIEW, VIDEOS, COMMERCIALS, OR SERVICE, OR THE USE OF ANY TRADE, FIRM OR CORPORATION NAME OR ANY OTHER CONTENT IS MADE FOR INFORMATION AND ENTERTAINMENT ONLY AND DOES NOT CONSTITUTE ENDORSEMENT, RECOMMENDATION, OR FAVORING BY US. SUCH REFERENCES, THEIR ORDER, POSITION, RANKINGS, FEATURES OR CONTENTS DO NOT REPRESENT ANY FAVORING OR UNFAVORING ENDORSEMENT OR SELECTION NOR ARE BASED ON ANY POLLS MADE OR EXPERT OPINIONS, AND ARE PLACED AND REFERENCED IN RANDOM FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, IN NO PARTICULAR ORDER.

We do not control or guarantee the accuracy, relevance, timeliness, or completeness of information contained on a linked website or Content; do not endorse the organizations sponsoring linked websites or Content; do not endorse the views they express or the products/services/videos they offer; and cannot authorize the use of copyrighted materials contained in linked websites or Content. Users must request such authorization from the right holders of the linked website or Content. We are not responsible for transmissions users receive from linked websites and do not guarantee that outside websites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act.

We strongly recommend that you review the policies of any outside websites you visit from this Website, since you will be subject to the usage, privacy, security, and accessibility policies of those other sites, once you leave our Website.

4. General Undertakings

You accept sole responsibility for all of your activities you undertake in connection with your use of the Website or the Services, including, without limitation, with respect to any and all content you are exposed to, submit, post, or share via the Services or on the Website (if applicable). You will not use the Website or Services for any unauthorized or illegal purpose, including for the purpose of sending, transmitting, or displaying infringing, obscene, threatening, libelous, or otherwise unlawful or tortious content or material. You will be responsible for compliance with any laws or regulations that apply to your use of the Website or receipt or use of the Services, including but not limited to such laws or regulations relating to intellectual property, privacy, or information security.

You shall not, nor shall you permit any third party to, (i) disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Us for use of the Website or Services; (ii) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or Services (or its data) or in any way reproduce or circumvent the navigational structure or presentation of the Website or Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website or Services; (iii) attempt to gain unauthorized access to any portion or feature of the Website or Services, including, without limitation, the account of another User(s), any other systems or networks connected to the Website or Services, any server, or to any of the services offered on or through the Website or Services by hacking, password “mining,” or any other illegitimate or prohibited means; (iv) probe, scan, or test the vulnerability of the Website or Services or any network connected to the Website or Services; (v) reverse look-up, harvest, collect, trace, or seek to trace any information on any other User of the Website or Services; (vi) upload or transmit viruses, worms, or other destructive code to the Website or using the Services; (vii) use the Services to send spam or unsolicited messages in violation of applicable laws; (viii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Us or to the Website; (ix) market, co-brand, private label, or otherwise permit third parties to access, distribute, or use the Website or Services without Our express, separate, and prior written permission; (x) remove or alter any of our proprietary watermark or notice; or (xi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Services or our systems or networks connected to the Website or Services.

5. Privacy

We encourage you to read Our Privacy Policy.

The Website, however, may contain and the Services may offer links to third party websites, Content or products that are not owned or controlled by Us.  We assume no responsibility for the products, content, privacy policies or general practices of any third party websites, Content or products.

6. Limited Right to Use the Website

These Terms of Use offer as a part of the Services and with respect to accessing and using the Website a limited right to access our remotely accessible software.  So long as you comply with these Terms of Use, we hereby grant you through these Terms of Use a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use our Website and Services.  We reserve the right to change or modify or Website or Services in Our sole discretion and otherwise reserves all other rights.  Moreover, except as provided above, you may not modify, alter, comingle, merge, translate, decompile, create derivative work(s) of, distribute, disassemble, reverse engineer, benchmark, broadcast, transmit, reproduce, attempt to examine the source code, publish, license, sub-license, transfer, sell, resell, trade, exploit, rent, timeshare, outsource, provide on a service bureau basis, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner or for any purpose not expressly permitted herein the Website, Services, Content or any part thereof.

7. Third Party Content

The Website or the Services may enable you to access and/or view images, animations, videos, audio, fonts, and other content hosted on or provided by third party websites or to Content or products which are produced, manufactured, shipped, created or services performed by third parties (the “Linked Content”).  WE TAKE NO LIABILITY OR RESPONSIBILITY AS TO THE QUALITY, CONTENT, PERFORMANCE OR AVAILABILITY OF THE LINKED CONTENT.

You are prohibited from embedding any of the following:  (i) statements, content, or material that defame, harass, abuse, stalk, threaten, intimidate, or in any way violate the rights of others; (ii) statements, content, or material that infringe, violate, or misappropriate the intellectual property or proprietary rights of third parties; (iii) statements, content, or material that violate other contractual or fiduciary rights, duties, or agreements by which you are bound; (iv) statements, content, or material that encourage criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction; (v) statements, content, or material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; or (vi) statements, content, or material that misrepresent your affiliation with Us.

  1. 8. Intellectual Property Rights

We make no representation or warranty as to the texts, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website.

You agree to not engage in the use, copying, or distribution of any of the Our Content, including any unauthorized use, copying, or distribution of Our Content.

9. Additional Prohibited Uses

In addition to all the above prohibitions, you agree that you will NOT knowingly use the Services, among other things, to:(a) harm minors in any way; (b) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (d) engaging in unethical marketing, advertising, any other practice connected in any way to “spam” including sending content or emails which do not comply with the CAN-SPAM Act of 2003 or applicable local law; or (f) intentionally or unintentionally violate, attempt to violate, or avoid any applicable regulation or policy (including ICANN).

10. Warranty Disclaimer & Limitation of Liability

WE PROVIDE THE WEBSITE AND SERVICES AND PRODUCTS ON AN “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS.  WHEN YOU ACCESS OR USE THE WEBSITE OR THE SERVICES, YOU DO SO ON A VOLUNTARY BASIS AND BEAR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF OR OF THE SERVICES AND PRODCUTS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  MOREOVER, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, QUALITY, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE OR SERVICES AND PRODUCTS. WE ALSO MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR THE SERVICES WILL OPERATE ON AN ERROR FREE BASIS OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN AN ERROR FREE MANNER OR IN A MANNER FREE OF VIRUSES.  IN ADDITION, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OF ANY SITES LINKED TO THE WEBSITE.  FURTHER, WE MAKE NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR DISPLAY OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  WE WILL FURTHER NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE DO NOT RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE.

  1. Indemnity

You agree to defend, indemnify and hold harmless, Us, Our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, resulting from your use of the Services or Website; or (iv) any other type of claim. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  1. Events Beyond Control

Under no circumstances shall We be held liable for any delay or failure in the Website and/or any of the Services or products and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the Limitation of Liability section as stipulated above.

  1. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Us without restriction or limitations.

14. General

These Terms of Use shall be governed by the internal substantive laws of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Us that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms of Use, together with the Terms and any other legal or fee notices published by Us on the Website, shall constitute the entire agreement between you and Us concerning the Website. If you are a consumer this clause shall not affect your mandatory rights under local law, including the right, where applicable, to bring any dispute or claim arising out of or in connection with these Terms of Use in the courts of your home jurisdiction or in other courts which have jurisdiction to hear such disputes. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

By registering to the Website and providing your email address, you expressly agree to receive promotional content from Us, by mail or email, from time to time. If you provide Us with your phone number (at any stage of use of the Services), We shall be entitled to call you or send you promotional SMS notices from time to time subject also to local law.  If you wish not to receive such promotional content / notices, you may notify Us at any time.

You acknowledge that any breach, threatened or actual, of these Terms of Use, including, without limitation, with respect to unauthorized use of Our proprietary assets, will cause irreparable injury to Us, such injury would not be quantifiable in monetary damages, and We would not have an adequate remedy at law.  You therefore agree that We shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use.  Accordingly, you hereby waive any requirement that We post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Us to enforce any provision of these Terms of Use.

We may modify these Terms of Use from time to time and such modification shall be effective upon posting by Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes because continued use of the Website or the Services following such modification of these Terms of Use shall be deemed to be acceptance of any modifications to these Terms of Use.

Last update: January 2017

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