1. Your Acceptance of Terms
A. These Terms of Service apply to all users of the Suddenly Darling Website, including users who are also contributors of any content, information, and other materials or services on the Website. The Suddenly Darling Website includes all aspects of Suddenly Darling, including but not limited to all products, software and services offered via the website such as the Suddenly Darling profiles, the Suddenly Darling "Embeddable Player," the Suddenly Darling "Uploader" and other applications.
B. By using, clicking through, browsing, registering and/or visiting this website (collectively, including all content and functionality available through the suddenlydarling.com domain name, the "Suddenly Darling Website", or "Website"), you signify your agreement and understanding to (1) these terms and conditions (the "Terms of Service"), (2)Suddenly Darling's privacy notice, found HERE! and incorporated here by reference. If you do not agree to any of these terms, the Suddenly Darling privacy notice, or the Community Guidelines, please do not use the Suddenly Darling Website. C. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.suddenlydarling.com/terms). Suddenly Darling may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Description of Suddenly Darling Services
Suddenly Darling provides users with access to various resources, including communications tools, videos, forums, shopping services, personalized content, and branded programming through its Website which may be accessed through any various medium or device now known or hereafter developed, including on the internet at suddenlydarling.com and through content distribution and syndication services Suddenly Darling may make available (the "Service"). You also understand and agree that the Service may include certain communications from Suddenly Darling, including but not limited to service announcements, administrative messages, private messages and the Suddenly Darling Newsletter, and that these communications are considered part of Suddenly Darling membership and you will not be able to opt out of receiving them, except by terminating your membership with Suddenly Darling. Unless explicitly stated otherwise, any new features, including the release of new Suddenly Darling properties, shall be subject to the Terms of Service.
3. Third Party Sites/Advertisements
The Suddenly Darling Website may contain links to third party websites that are not owned or controlled by Suddenly Darling. Suddenly Darling has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Suddenly Darling will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Suddenly Darling from any and all liability arising from your use of any third-party website.
You hereby represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. THE SUDDENLY DARLING WEBSITE AND ITS SERVICES IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF THIRTEEN (13) or to any users suspended or removed from the service by Suddenly Darling. By using the service, you represent that you are at least thirteen (13) years of age and have not been previously suspended or removed from the service. The Service is not intended for users under the age of thirteen (13), and Service Provider does not knowingly collect personally identifiable information from users under the age of thirteen (13). Anyone person under the age of thirteen (13) is expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted, or retained by us.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, deceptive, misleading, out of date, or incomplete, or if Suddenly Darling suspects that such information is untrue, inaccurate, deceptive, misleading, out of date, or incomplete, Suddenly Darling has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Your profile may be deleted and your membership terminated without notice or warning if we believe that, you have misrepresented yourself in any way.
6. Suddenly Darling Accounts A. In order to access some features of the Website, you will have to create a Suddenly Darling 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 Suddenly Darling immediately of any breach of security or unauthorized use of your account. B. Although Suddenly Darling will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Suddenly Darling or others due to such unauthorized use.
MEMBER ACCOUNT, PASSWORD AND SECURITY
When you register, you will be asked to create a password. As you will be responsible for all activities that occur under your password, you are also responsible for keeping your password confidential. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Suddenly Darling of any unauthorized use of your password or account or any other breach of security.
7. General Use of the Website—Permissions and Restrictions Suddenly Darling hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Suddenly Darling's prior written authorization. B. You agree not to alter or modify any part of the Website, including but not limited to Suddenly Darling's Embeddable Player or any of its related technologies. C. You agree not to access User Submissions (defined below) or Suddenly Darling Content through any technology or means other than the video playback pages of the Website itself, the Suddenly Darling Embeddable Player, or other explicitly authorized means Suddenly Darling may designate. D. You agree not to use the Website, including the Suddenly Darling Embeddable Player for any commercial use, without the prior written authorization of Suddenly Darling. Prohibited commercial uses include any of the following actions taken without Suddenly Darling's express approval: * sale of access to the Website or its related services (such as the Embeddable Player) on another website; * use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue; * the sale of advertising, on the Suddenly Darling website or any third-party website, targeted to the content of specific User Submissions or Suddenly Darling content; * and any use of the Website or its related services (such as the Embeddable player) that Suddenly Darling finds, in its sole discretion, to use Suddenly Darling's resources or User Submissions with the effect of competing with or displacing the market for Suddenly Darling, Suddenly Darling content, or its User Submissions. E. Prohibited commercial uses do not include: * uploading an original video to Suddenly Darling, or maintaining an original profile on Suddenly Darling, to promote your business or artistic enterprise; * using the Embeddable Player to show Suddenly Darling videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Suddenly Darling; * any use that Suddenly Darling expressly authorizes in writing. F. If you use the Suddenly Darling Embeddable Player on your website, you must include a prominent link back to the Suddenly Darling website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way. G. If you use the Suddenly Darling Uploader, you agree that it may automatically download and install updates from time to time from Suddenly Darling. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Suddenly Darling to deliver these to you) as part of your use of the Uploader. H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Suddenly Darling servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Suddenly Darling grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Suddenly Darling reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Suddenly Darling Community Guidelines, and all applicable local, national, and international laws and regulations. J. Suddenly Darling reserves the right to discontinue any aspect of the Suddenly Darling Website at any time.
8. Your Use of Content on the Site In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Suddenly Darling Website. A. The content on the Suddenly Darling Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CastFam Inc., subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Suddenly Darling reserves all rights not expressly granted in and to the Website and the Content. B. You may access User Submissions solely: * for your information and personal use; * as intended through the normal functionality of the Suddenly Darling Service; and * for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Suddenly Darling Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is." C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Suddenly Darling Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Suddenly Darling Service or otherwise as prohibited under this Agreement. D. You may access Suddenly Darling Content, User Submissions and other content only as permitted under this Agreement. Suddenly Darling reserves all rights not expressly granted in and to the Suddenly Darling Content and the Suddenly Darling Service. E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Suddenly Darling Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Suddenly Darling Website or the Content therein. G. You understand that when using the Suddenly Darling Website, you will be exposed to User Submissions from a variety of sources, and that Suddenly Darling is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Suddenly Darling with respect thereto, and agree to indemnify and hold Suddenly Darling, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
9. Your User Submissions A. As a Suddenly Darling account holder you may submit video content ("User Videos") and textual content ("User Comments, written submissions, etc."). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Suddenly Darling does not guarantee any confidentiality with respect to any User Submissions.
B. You acknowledge that Suddenly Darling and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Suddenly Darling and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Suddenly Darling or submitted to Suddenly Darling, including without limitation information in Suddenly Darling Message Boards and in all other parts of the Service. C. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Suddenly Darling to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. D. Suddenly Darling does not claim ownership of Content you submit or make available for inclusion on the Service. However, in order to display materials you provide on the Service and elsewhere, we need your permission. As such, by uploading, emailing, posting, publishing or otherwise transmitting Content to any online forum or other feature of the Service, any Content or feedback (including, without limitation, suggestions, complaints, ideas, results, modifications, improvements, translations, discoveries and observations) to Suddenly Darling (“Submissions”) by any means, you hereby grant Suddenly Darling a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Suddenly Darling Website and Suddenly Darling's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Suddenly Darling Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Suddenly Darling Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that Suddenly Darling may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. E. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Suddenly Darling all of the license rights granted herein. E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Suddenly Darling Community Guidelines, found at http://www.suddenlydarling.com/t/community-guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. F. Suddenly Darling does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Suddenly Darling expressly disclaims any and all liability in connection with User Submissions. Suddenly Darling does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Suddenly Darling will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Suddenly Darling reserves the right to remove Content and User Submissions without prior notice.
G. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Suddenly Darling through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Suddenly Darling is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Suddenly Darling shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Suddenly Darling may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Suddenly Darling without any obligation of Suddenly Darling to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Suddenly Darling under any circumstances.
10. User Conduct START HERE
You agree not to do or attempt any of the following in connection with the Service:
A. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm another user in any way in any way;
C. impersonate any person or entity, including, but not limited to, a Suddenly Darling official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
E. 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.
F. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
G. 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, except in those areas (such as shopping) that are designated for such purpose, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
H. upload, post, email, transmit or otherwise make available any content that is considered spam on any other site, using the Suddenly Darling points incentive program, or any other Suddenly Darling contest, promotion, prize, or any other service, as reason, motivation or cause to spam another site. SUDDENLY DARLING DOES NOT condone, encourage, or endorse spamming of any kind, and any one using the Suddenly Darling service caught spamming on another site using Suddenly Darling as their purpose, will be subject to removal from the service at Suddenly Darling’s discretion.
I. use the Service to solicit users directly for commercial purposes without prior written authorization from Suddenly Darling. Designers and Boutique Owners may promote their services, subject to i) common sense and good judgment, ii) Suddenly Darling review, and iii) specific requirements regarding use of the Service for commercial purposes that Suddenly Darling may, from time to time, communicate directly to Designers and Boutique Owners individually;
J. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
K. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
L. access the Service from territories where its contents are illegal is prohibited (those who choose to access the Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
M. "stalk" or otherwise harass another;
N. collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise.
11. User Disagreements
You alone are responsible for your involvement with other users. Suddenly Darling reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Suddenly Darling (and Suddenly Darling's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, 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 favor at the time of executing the release, which i known by him must have materially affected his settlement with the debtor.”
12. Account Termination Policy Suddenly Darling, in our sole discretion, reserves the right
A. to terminate any users account, with or without notice, for any or no reason;
B. to remove or disable access to all or any portion of the Services of Suddenly Darling;
C. to suspend any user’s access to or use of all or any portion of the Service; and
D. to remove any content from Suddenly Darlings servers at any time, with or without notice, for any or no reason. 8. Digital Millennium Copyright Act A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; * Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and * A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Suddenly Darling's designated Copyright Agent to receive notifications of claimed infringement is: Nick Caster email: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid. B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: * Your physical or electronic signature; * Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; * A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and * Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Suddenly Darling may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Suddenly Darling's sole discretion. 13. Darling Rewards
You hereby acknowledge that Darling Rewards (Darling Points, prizes, incentives, contest prizes, etc.) are a privilege and are not promised or guaranteed by Suddenly Darling. Suddenly Darling is not obligated in any way to deliver such rewards to users, and Suddenly Darling reserves the right to terminate the points incentive program at any time, according to their discretion. You agree that Suddenly Darling has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Darling Points as it sees fit in its sole discretion, and that Suddenly Darling will have no liability to you based on its exercise of such rights.
A. Suddenly Darling allows users to accumulate " Darling Points," for various actions on the website which may be used as a type of vertual curency on the Suddenly Darling Website. Darling Points have no real value, and are not transferable or redeemable for any sum of money or monetary value from Suddenly Darling at any time. Darling Points is a reward program whereby users may earn fictional, Points used in the Service to purchase access to aspects of the Service, or may apply towards the purchase of physical goods sold in connection with the Service. Suddenly Darling has the absolute right to manage, regulate, control, modify and/or eliminate such Points and/or rewards as it sees fit in its sole discretion, and Suddenly Darling shall have no liability to you or anyone for the exercise of such rights. Suddenly Darling may halt, suspend, discontinue, or reverse any Darling Points transaction at their discretion. B. Transfers of Points is strictly prohibited except where explicitly authorized within the Service. Outside of the Service, you may not buy or sell any Points or Rewards for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Suddenly Darling Service and possible legal action. C. You agree that all sales are final. No refunds will be given, except in our sole and absolute discretion. All Points and/or Rewards are forfeited if your account is terminated or suspended for any reason, in Suddenly Darling's sole and absolute discretion, or if Suddenly Darling discontinues providing the Service.
14. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE Suddenly Darling WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Suddenly Darling, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Suddenly Darling MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL 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 OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Suddenly Darling WEBSITE. Suddenly Darling DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Suddenly Darling WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Suddenly Darling WILL 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 15. Limitation of Liability IN NO EVENT SHALL Suddenly Darling, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Suddenly Darling WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Suddenly Darling SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Suddenly Darling from its facilities in the United States of America. Suddenly Darling makes no representations that the Suddenly Darling Website is appropriate or available for use in other locations. Those who access or use the Suddenly Darling Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 16. Indemnity You agree to defend, indemnify and hold harmless Suddenly Darling, its parent corporation, 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 attorney's fees) arising from: (i) your use of and access to the Suddenly Darling Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Suddenly Darling Website. 17. Ability to Accept Terms of Service You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. 18. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Suddenly Darling without restriction. 19. General You agree that: (i) the Suddenly Darling Website shall be deemed solely based in California; and (ii) the Suddenly Darling Website shall be deemed a passive website that does not give rise to personal jurisdiction over Suddenly Darling, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Suddenly Darling that arises in whole or in part from the Suddenly Darling Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. These Terms of Service, together with the Privacy Notice at http://www.suddenlydarling.com/privacy and any other legal notices published by Suddenly Darling on the Website, shall constitute the entire agreement between you and Suddenly Darling concerning the Suddenly Darling Website. If any provision of these Terms of Service 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 Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Suddenly Darling's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Suddenly Darling reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Suddenly Darling Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Suddenly Darling AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Suddenly Darling WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Suddenly Darling Contests
Suddenly Darling Contests are legal in all 50 states.