2 Our Website
2.1 Providing you agree to these Terms, we grant you a non-exclusive, non-transferable, revocable limited license to use our Website for your own personal private use. You agree not to use our Website for anything else.
2.4 We reserve the right to change all or part of our Website without liability to you.
3 Disclaimer and Release
3.1 Subject to clause 5 (non-excluded liabilities) to the maximum extent permissible under applicable law, in no event shall we be liable whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability or strict liability or other theory), for any indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer or other device failure or pecuniary loss) arising out of the use or inability to use our Website, including any damages that may result, even if we have been advised of the possibility of such damages.
3.2 Your only right with respect to any problems or dissatisfaction with our Website and anything that you may find there is to discontinue your use of our Website and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Website.
4 Intellectual Property
4.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Website other than content that is contributed by visitors to our Website is owned by or licensed to us. It may be easy to copy material that appears on websites, but this does not mean it is legal. Therefore, no one may copy, distribute, show in public or create any derivative work (including any registered or unregistered trade marks) from our Website, or any other content that may appear on our Website, unless (a) we have first agreed to this in writing, and (b) where any content contributed by one or more visitor(s) is concerned, by the visitor(s) in question.
4.2 By submitting content to our Website, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, perpetual, royalty-free, irrevocable license to copy, modify, distribute, host, store distribute, reformat, sublicense, show in public, publish, broadcast, archive, cache and exploit in any way we want and create derivative works from that content on and through any format, software, hardware, media and medium that exists now or in the future and to market and advertise that content as part of our Website;
- authorize us to adapt the relevant content in the course of doing so and so waive your moral rights to object to any such treatment, or to be identified as the author, of the content in question; and
- agree that we have no obligation to monitor or protect your rights in any content that you may submit to us, but you do give us the right to enforce your rights to protect your rights in that content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
4.3 We grant you a limited license to access our Website subject to these Terms. However, this license does not allow you to make any commercial use of it.
5 Non-excluded Liabilities
Nothing in these Terms limits our liability for death or personal injury resulting from our negligence or any other liability which may not by law be excluded. Any legal rights you may have as a consumer remain unaffected by these terms.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you resulting from you accessing our Website.
We reserve the right to assign these Terms and to assign or subcontract any or all of our rights and obligations under these Terms. You may not assign or dispose of any of the rights we give you under these Terms unless we first agree to this in writing.
8 Entire Agreement
These Terms set out the entire agreement between you and us concerning our Website and they replace all earlier agreements and understandings between you and us. A person who is not a party to these Terms has no right to rely upon or enforce any part of these Terms.
9 Changes to these Terms
We reserve the right to update these Terms from time to time. If you do not wish to be governed by any updated version of the Terms, your only remedy is to stop using our Website.
If any part of these Terms are held to be invalid or unenforceable under any applicable local laws or by an applicable court, the remainder of these Terms shall remain valid and enforceable.
These Terms shall be governed by and construed in accordance with the laws of the United States of America. These Terms were last updated on February 1st, 2014.
© 2014 BallCraft, a Limited Liability Corporation. All rights reserved.