Welcome to Gamekeepers. This web site is operated by Mossy Oak Land Enhancement Services
LLC (hereinafter referred to as, "us", "we" or the “Company"). By accessing or using our web site
(together with all content available through the website, the "Site") or by posting on the Site, you
(the acknowledge that you have read, understand and agree to be bound by these Terms of Use
("Terms of Use"), whether or not you are a registered member of the Site.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these
Terms of Use at any time without further notice. If we do this, we will post the changes to these
Terms of Use on this page and will indicate at the top of this page the date these Terms of Use
were last revised. Your continued use of the Site after any such changes constitutes your
acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms
of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to
regularly check the Site to determine if there have been changes to these Terms of Use and to
review such changes.
Please note that the guidelines, policies and other terms and conditions of use and sale at retail
outlets owned by the Company or its affiliates, other websites operated by the Company or its
affiliates and/or co-branded websites may vary.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND AN ARBITRATION CLAUSE THAT GOVERNS HOW
DISPUTES WILL BE RESOLVED.
Contents
- Privacy Policy
- Electronic Communications
- Eligibility
- Intellectual Property Rights; Limited License
- Trademarks
- User Conduct
- Your Account
- Billing and Payment
- User Content
- Copyright Complaints
- Repeat Infringer Policy
- Links to Third Party Sites and Content
- Shared Services
- User Disputes
- Disclaimers
- Limitation of Liability
- Indemnity
- Arbitration
- Miscellaneous
Privacy Policy
We care about the privacy of our Users. Click here to view the Site's Privacy Policy. By using the
Site, you are consenting to have your personal data transferred to and processed in the United
States.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will communicate with you by
e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal requirement that
such communications be in writing.
Eligibility
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in these Terms of
Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are
over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of
age, then please do not use the Site -there are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
Intellectual Property Rights; Limited License
All content on the Site, including but not limited to designs, text, graphics, pictures, video,
information, software, music, sound and other files, and their selection and arrangement (the
"Site Content"), are the proprietary property of the Company, its Users or its licensors with all
rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in
whole or in part, without the Company's prior written permission, except that the foregoing does
not apply to your own User Content (as defined below) that you legally post on the Site. Provided
that you are eligible for use of the Site, you are granted a limited license to access and use the
Site and to download or print a copy of any portion of the Site Content solely for your personal,
non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Except for your own User Content, you may not republish Site Content on any Internet, Intranet
or Extranet site or incorporate the information in any other database or compilation, and any
other use of the Site Content is strictly prohibited. Such license is subject to these Site Terms
and does not include use of any data mining, robots or similar data gathering or extraction
methods. Any use of the Site or the Site Content other than as specifically authorized herein,
without the prior written permission of Company, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws including without
limitation copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring
any license to intellectual property rights, whether by estoppel, implication or otherwise. This
license is revocable at any time without notice and with or without cause.
Trademarks
GAMEKEEPERS and certain other trademarks, graphics, logos, designs, page headers, button
icons, scripts and service names used on the Site are or may be registered trademarks,
trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's
trademarks and trade dress may not be used, including as part of trademarks and/or as part of
domain names, in connection with any product or service in any manner that is likely to cause
confusion and may not be copied, imitated, or used, in whole or in part, without the prior written
permission of the Company.
User Conduct
You understand that the Site is available for your personal, non-commercial use only and may
not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by the Company. You represent, warrant and agree that no materials of
any kind submitted through your account or otherwise posted or shared by you through the Site
will violate or infringe upon the rights of any third party, including copyright, trademark, privacy,
publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise
unlawful material. You agree not to harvest or collect email addresses or other contact
information of Users from the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications. Additionally, you agree not to use
automated scripts to collect information from the Site or for any other purpose. You further agree
that you may not use the Site in any unlawful manner or in any other manner that could damage,
disable, overburden or impair the Site.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. We
reserve the right to investigate and take appropriate legal action against anyone who, in our sole
discretion, violates this User Conduct provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not limited to:
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uploading, posting, transmitting, sharing, storing or otherwise making available any content
that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive,
inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable;
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registering for a User account on behalf of an individual other than yourself or register for a
User account on behalf of any group or entity;
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impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself,
your age or your affiliation with any person or entity;
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uploading, posting, transmitting, sharing or otherwise making available any unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
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uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the
Site any private information of any third party, including, without limitation, addresses, phone
numbers, email addresses, Social Security numbers and credit card numbers;
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soliciting personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
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uploading, posting, transmitting, sharing or otherwise making 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;
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intimidating, harassing or advocating the intimidation or harassment of another person;
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uploading, posting, transmitting, sharing or otherwise making available any content that we
deem contains excessive violence against any person, animal or property, or promotes the
use of excessive violence against any person, animal or property.
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uploading, posting, transmitting, sharing, storing or otherwise making available content that
would constitute, encourage or provide instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or violate any local, state, national or
international law;
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using or attempting to use another User's account, service or system without authorization
from the Company, or create a false identity on the Site.
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uploading, posting, transmitting, sharing, storing or otherwise making available content that, in
the sole judgment of the Company, is objectionable or which restricts or inhibits any other
person from using or enjoying the Site, or which may expose the Company or its Users to any
harm or liability of any type.
Your Account
In order to access some features of the Site, you will have to create an account. You may never
use another User'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 may not transfer your account
to any other person. You must notify us immediately of any breach of security or unauthorized
use of your account. Although the Company will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of the Company or others due
to such unauthorized use. If you violate the Terms of Use, Mossy Oak has the right to deactivate
your account.
Billing and Payment
General
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All payments must be made by VISA, MasterCard, American Express or Discover Card. You
must be authorized to use the payment method. We do not accept cash, checks or any other
payment form. You agree to pay all fees and charges incurred in connection with your account
and its password (including any applicable taxes) at the rates in effect when the charges were
incurred. If we do not receive payment from your credit card issuer or its agent, you agree to
pay all amounts due upon demand by the Company. Unless you notify us of any discrepancies
or unauthorized charges within sixty (60) days after they first appear on your credit card
statement, they will be deemed accepted by you for all purposes, including resolution of
inquiries made by your card issuer. You release the Company from all liabilities and claims of
loss resulting from any error or discrepancy that is not reported to the Company within sixty
(60) days of its first appearance on an invoice or credit card statement.
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Your account may be deactivated without notice to you if payment is past due, regardless of
the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of
cancellation or termination of your account.
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You are responsible for paying any governmental taxes imposed on your use of the Site and
the services offered by or through the Site, including, but not limited to, sales, use or
value-added taxes.
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We may impose a transaction fee for certain features or services available on the Site. For
example, a transaction fee may be charged for the purchase of downloaded tracks or burns.
Such transaction fee will be disclosed to you prior to your agreement to the relevant
transaction, such as through the order path for such feature or service or in a similar, explicit
manner. Another example is a transaction fee may be charged for the purchase of additional
storage beyond the maximum storage limit provided within the Obsession registration as
outlined within the Offer Terms.
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WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR BILLING METHODS, INCLUDING THE
ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES
PROVIDED BY US, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT
TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may
terminate your subscription by contacting GameKeepers customer support at 662-495-9292. Your
continued use of the Site following the effective date of a change to fees or billing methods
shall constitute your acceptance of such change.
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You agree that the Company, in its sole discretion, with or without prior notice, may freeze or
terminate your user name, password or use of the Site (or any part thereof) for any reason,
including, without limitation, if the Company believes that you have violated or acted
inconsistently with the letter or spirit of this Terms of Use.
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The Company may in its sole discretion and at any time modify or discontinue providing any
features or services, or any part thereof, available through the Site with or without notice.
Further, you agree that the Company shall not be liable to you or any third-party for any
interference with or termination of your access to the Site.
User Content
You are solely responsible for the photos, profiles, messages, notes, text, information, music,
video and other content that you upload, publish or display (hereinafter, "post") on or through
the Site, or transmit to or share with other Users (collectively the "User Content"). You
understand and agree that the Company may, but is not obligated to, review and delete or
remove (without notice) any User Content in its sole discretion, including without limitation User
Content that in the sole judgment of the Company violate this Terms of Use or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
You acknowledge that User Content is not confidential. You affirm that you have all necessary
rights, title and interest in and to, or alternatively, hold and will continue to hold, the right to
license, sell, distribute, convey, transfer, and sublicense all User Content that you supply to and
through the Site and its Users in such format that is contemplated when you upload, submit or
deliver the User Content to the Site and its Users. You agree that you are the person or that you
have obtained the proper consents from the persons or their guardians who appear or who the
likeness of appears in the User Content. You are responsible for all licensing and other fees due
for the use and distribution of your User Content. You agree that the User Content and the rights
and licenses that you grant under this Terms of Use (1) do not and will not violate any applicable
laws, statutes, ordinances or regulations, (2) do not and will not violate any copyright or other
intellectual property right (including the right of publicity or privacy) of any person or entity, and
3) do not violate any other duty or obligation that you may have to any other person or entity.
You understand that we may request documentation evidencing these rights, and you agree to
promptly submit this documentation.
By posting User Content to any part of the Site, you automatically grant, and you represent and
warrant that you have the right to grant, to the Company an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use,
copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and
distribute such User Content for any purpose on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such User Content, and
to grant and authorize sublicenses of the foregoing. You may delete your User Content from the
Site at any time; however, access to such deleted User Content may remain available on the Site
as a result of shared entries or other features offered on the Site. In no event will the Company
be responsible for deleting any User Content or returning any User Content to you. In the event
that your account becomes deactivated, the Company may delete all User Content associated
with the deactivated account.
Copyright Complaints
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must
be a written communication that includes the following:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
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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;
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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 us to locate the material;
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Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number and, if available, an electronic mail address at which the
complaining party may be contacted;
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A statement that the complaining party has 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
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A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, the Company
has adopted a policy of terminating, in appropriate circumstances and at the Company's sole
discretion, members who are deemed to be repeat infringers. The Company may also at its sole
discretion limit access to the Site and/or terminate the memberships of any Users who infringe
any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Third Party Sites and Content
The Site contains (or you may be sent through the Site) links to other web sites ("Third Party
Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, software and other content belonging to or originating from third parties (the "Third
Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Sites accessed through the Site or any Third Party Content posted on the Site,
including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of
or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any
Third Party Site or any Third Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk
and you should be aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any site to which
you navigate from the Site.
Shared Services
The Site may now or in the future offer a feature whereby Users of the Site can share with others
or post to their own member profile, videos, articles, and other Third Party Content from, and/or
links to, Third Party Sites. You acknowledge and agree that your use of this feature and all links,
User Content or Third Party Content shared through this feature are subject to, and will fully
comply with the User Conduct rules set forth above and the other terms and conditions set forth
in these Terms of Use.
User Disputes
You are solely responsible for your interactions with other Users. We reserve the right, but have
no obligation, to monitor disputes between you and other Users.
Disclaimers
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE 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 THE
SITE, (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 THE SITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE 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 SITE. THE
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR
ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE
COMPANY 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.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. We
assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or unauthorized access to, or
alteration of, any User Content or other communications or content uploaded, posted,
transmitted, shared or stored on the Site. The Company is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or the Site or combination thereof, including injury
or damage to Users or to any other person's computer related to or resulting from participating
or downloading materials in connection with the Web and/or in connection with the Site.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, 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 THE SITE, (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 THE SITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE 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 SITE, 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 THE COMPANY SHALL NOT BE LIABLE FOR USER
CONTENT 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 Site is controlled and offered by the Company from its facilities in the United States of
America. The Company makes no representations that the Site is appropriate or available for
use in other locations. Any offer for any feature, product or service made through the Site is void
where prohibited by local law, rules or regulations. Those who access or use the Site from
outside the United States do so at their own volition and are solely responsible for compliance
with all applicable local, regional and national laws.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its 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 Site; (ii) 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; or (iv) any claim that one of your User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Use and your use of the
Site.
Arbitration
YOU AND THE COMPANY AGREE THAT THIS SITE AND YOUR USE OF THIS SITE IS GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSISSIPPI AND THAT
THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS
RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND THE SITE
(INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING
ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or
violated or threatened to infringe upon or violate the other party's patent, copyright, trademark
or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under these Terms of Use shall be conducted in West Point, Mississippi by the
American Arbitration Association (the "AAA") under its Commercial Arbitration Rules The
arbitrator's award shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE
TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY
ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE,
AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
Miscellaneous
You agree that: (i) the Site shall be deemed solely based in Mississippi; and (ii) the Site shall be
deemed a passive website that does not give rise to personal jurisdiction over the Company,
either specific or general, in jurisdictions other than Mississippi. These Terms of Use shall be
governed by the internal substantive laws of the State of Mississippi, without respect to its conflict
of laws principles. These Terms of Use, together with the Privacy Policy and any other legal
notices published by the Company on the Site, shall constitute the entire agreement between you
and the Company concerning the Site. If any provision of these Terms of Use is deemed invalid,
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 this these
Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and
the Company’s failure to assert any right or provision under these Terms of Use shall not
constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be assigned by the
Company without restriction. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE)
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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