It is the express wish of the parties that the foregoing Terms and Conditions of Use all apply to EZrated.com, ("EZ Rated"), and all the related documents have been drawn up in English. This Web Site (the "Site"), including Subsite(s) that may be accessible through the Site, is maintained and published by EZ Rated, and/ or its affiliates, subsidiaries, and related entities. You can e-mail us at Information-Req@ezrated.com. Subsites or shopping pages accessed via the Site may have their own Terms and Conditions of Use specific to that Subsite. By accessing, browsing, or using the Site you accept, without qualification or limitation, the Terms and Conditions of Use set forth below. These Terms and Conditions of Use may have additional Terms and Conditions of Use set forth in any Subsite.
Ownership. EZ Rated actively and vigorously enforce their intellectual property rights to the fullest extent permissible by governing law. Copyright law under U.S. copyright law in addition to international conventions, and other copyright laws protect all materials found on the Site, which include but are not limited to video, text, software, and images (the "Content"). It is unlawful, and prohibited to use the Content, except as specified herein. This Site contains proprietary logos, trademarks, and service marks. EZ Rated are not granting you any license to utilize those proprietary logos, trademarks, or service marks by making them available on the Site. All product names regardless of displayed form or notation are trademarks (the "Marks") of EZ Rated, their affiliates, joint venture partners, related companies or their licensors. The use or misuse of these Marks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of trademark law: copyright law: the laws relating to privacy, publicity, slander and libel; as well as communication statutes and regulations.
Your Right to Use. This Site is for your personal use only. It is prohibited to distribute, modify, exchange, transmit, or sell anything copied from the Site, including but not limited to any images, text, video, and audio, for any commercial, business or other public purpose. Providing that you comply with the terms of these Terms and Conditions of Use in their entirety, EZ Rated grants you a non-transferable, non-exclusive, limited right to enter, display and use the Site. You are agreeing to not interrupt or attempt to interrupt any operation of the Site in any manner.
Limitation of Liability; Disclaimer of any Warranties and any Damages; Any information found on this Site is provided by EZ Rated. THE SITE INCLUSIVE OF ALL CONTENT AND FUNCTIONS IS PROVIDED "AS IS." ACCORDINGLY, EZ RATED AND ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DO NOT MAKE REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS SITE, NOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, NOR THAT THE SERVER OR NETWORK THAT MAKES THE SITE AVAILABLE TO YOU IS FREE OF COMPONENTS OR VIRUSES THAT MAY INFECT, CAUSE DAMAGE OR HARM YOUR COMPUTER EQUIPMENT OR ANY PROPERTY WHEN YOU ACCESS, DOWNLOAD FROM, BROWSE OR OTHERWISE USE THE SITE IN ANY MANNER. ALL USERS AGREE THAT ALL ACCESS AND USE OF THE SITE AND THE CONTENT THEREOF IS AT THEIR OWN RISK.
Under no circumstance, including but not limited to EZ Rated negligence or oversight, shall EZ Rated be liable for any direct, indirect, consequential, incidental, punitive or other damages related to errors or omissions, use of, or the inability to use, the functions and Contents of the Site, even if EZ Rated or any of its representatives have been advised of such damage possibilities. In states prohibiting limitation or exclusion of incidental or consequential damages the above limitation or exclusion may not apply to you. However, in no event whatsoever shall EZ Rated total liability to you for any and all damages, causes of action (whether it be tort or contract, including, but not limited to, negligence, malfunction or otherwise), and losses exceed $100.00 (one hundred) United States Dollars.
Download. You are allowed to download one (1) copy of the Content only to be used by you for your personal use at home, unless any accessed Subsite prohibits such. If you download any Content from the Site, you may not remove any copyright or trademark notices or other notices that go with it and you may not recopy, reproduce or otherwise redistribute any Content.
Responsibility for User-Supplied Material. When using the Site's areas which may allow "chat," upload, download or other User interaction, you agree not to use the Site in order to transmit, send, post, upload or in any way publish any materials that are defamatory, libelous, obscene, pornographic, profane, threatening or unlawful; that violate anyone's copyright or other property right; that interfere with anyone else's use of the Site or interferes with the privacy of any other user; that introduces any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability; that contains a virus or any other harmful component; that contains false or misleading statements of fact or descriptions of the origin of the material or the communication, or otherwise violates any law. You agree to comply with any additional terms which are referred to on this Site or any Subsite within the Site.
EZ Rated may from time to time monitor or review chat rooms, discussions, bulletin boards, postings, transmissions and the like on the Site. However, EZ Rated are not obligated to do so and assumes no responsibility or liability arising from the Contents of any such communications or for any error, inaccuracy, defamation, libel, obscenity, or profanity that may be contained in any such communication. EZ Rated at their sole option may change, remove, or edit any user material or conversations that are offensive, indecent, obscene or illegal or that violates the policies of EZ Rated in any way. EZ Rated will cooperate fully with any court order or law enforcement authorities request or direction to disclose the identity of those posting such materials.
EZ Rated Rights to User's Material. Any communications or materials sent to the Site by electronic processes or otherwise, including any data, questions, comments, suggestions or the like will be treated as, non-proprietary and non-confidential. You give up any claim that any use by EZ Rated of such material violates any of your rights including privacy rights, moral rights, publicity rights, proprietary or other property rights, rights to credit for material or ideas, or any other right, including but not limited to the right of approval on how EZ Rated uses such material.
Any material submitted to the Site may be changed, sold, adapted, reformatted, parsed, copied, disclosed, broadcast, licensed, posted, performed, published, transmitted or used by EZ Rated at their sole discretion in any medium, anywhere in the world, forever. Moreover, without any compensation to you, EZ Rated are free to use, any ideas, concepts, techniques or know-how contained in any communication or upload you send to the Site for any purpose, including but not limited to developing, manufacturing, marketing, or selling products or services using such information or extensions of such information. You agree and understand that EZ Rated is not obligated to use any such materials or ideas and you do not have any right to compel such use.
Site Links. The Site may contain links to other Internet Sites. Such links are provided for convenience only, EZ Rated are not responsible for the Content or the performance of any Site linked to or from the Site. By linking to other Sites EZ Rated are not approving of, endorsing or recommending that Site. EZ Rated expressly disclaims all warranties, expressed or implied, as to the reliability, accuracy, validity or the legality any Content on any other Site.
Transmissions. Transmissions over the Internet are never completely secure, nor private. You understand that any information or message sent to the Site may potentially be intercepted or read except when a special notice indicates that a particular transmission is encrypted, or sent in code. Sending any message to EZ Rated does not create any special responsibility on the part of EZ Rated to you.
Awards, Contests, and Rules for Children. The Site may contain contests from time to time that require you to submit materials or information about yourself or offer prizes and awards. Said contests will each have their own rules which you must read and agree to before entering.
If you are under 16 EZ Rated suggests that your parents or a guardian be asked first, before you:
Provide information for the purposes of a game or contest;
Send in any information, electronic or otherwise;
Join any club(s) and/ or group(s);
Ask us to email anything to you; or you email the Site,
Post any information or enter any chat room; or
Buy anything through the Internet whether associated with this Site or not.
Product & Service. References to, or representations of, products and services on the Site or any Subsite do not imply, nor warrant that these products or services are currently available, nor imply that they are available for purchase in your country or locality, nor constitute or imply EZ Rated recommendation or endorsement of them in the absence and explicitly stated recommendation or endorsement by the EZ Rated.
EZ Rated Rights to Change Site Content and These Terms and Conditions of Use. EZ Rated may, without notice, change, add, remove, or reformat any part of these Terms and Conditions of Use at any time. Any changes to these Terms and Conditions of Use or any terms posted on the Site apply as they are posted. Your continual use of the site after the posting of any changes by EZ Rated indicates your acceptance of the changes in their entirety. Further, EZ Rated may, without notice or liability, change, add, remove, reformat, discontinue, or suspend any Content posted on the Site, including but not limited features, sections, authors, columns, graphics, downloads, or links, temporarily or permanently, at any time.
Indemnification. You agree to indemnify, defend and hold harmless EZ Rated and all of their agents, directors, employees, officers, licensors and licensees, information providers, (collectively referred to as, "Indemnified Parties") from and against any liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, covenants, and warranties. You hereby agree to cooperate as fully as reasonably required in EZ Rated' defense of any claim. EZ Rated reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at its own expense, and you may not in any event settle any matter without the prior written consent of EZ Rated
General Provisions. These Terms and Conditions of Use, and any additional terms posted on the Site, together constitute the entire agreement between EZ Rated and you with respect to your use, and interaction with the Site. Any cause of action you may have in respect to your use or interaction with the Site must be commenced within 12 (twelve) months after a claim or cause of action arises. If for any reason a court of competent jurisdiction were to find any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.
