Date of Last Revision: September 30, 2015
- Term. This Agreement will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your use of the site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. You may terminate your use of the Site at any time for any reason; however, the Company may retain Your Registration Data and any User Content (as defined herein). Even after your use is terminated, certain sections of this Agreement will remain in effect; see Section 12.f below for a list of the provisions of this Agreement that will survive the termination of your membership.
- Registration Data; Account Security.You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration or contact forms on the Site, including but not limited to first and last name, address, gender, email address and, when applicable, credit card information (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (c) be fully responsible for all use of your account, should we choose to implement accounts, and for any actions that take place using your account. You acknowledge that Clowns will use the email address you provide with your Registration Data as the primary method for communication concerning the Site.
- You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through social media accounts affiliated with the 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 also agree to use the Site in a manner consistent with any and all applicable laws and regulations.
- You agree not to use the Site or to authorize any other person to use the Site to:
- cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- upload, post, transmit, share, store or otherwise make available any content that the Company deems 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;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Site; OR
- Proprietary Rights in Site Content; Limited License.
- Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of the Company, its content providers, and/or their respective owners, and that the Company, its content providers, and/or the respective owners, retain all right, title, and interest in the Site Content. 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 Clowns’ prior written permission.
- Social Media Sites.
- User Responsibility. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through social media sites (collectively the “User Content”). You may not post, transmit, or share User Content on the social media sites that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review social media sites and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, might be offensive, illegal, threatening to the safety of users or others, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the social media sites or provide to the Company.
- Social Media Interaction. When you interact with Clowns accounts on social media websites (including, but not limited to, Twitter, Facebook, and/or Instagram), such interactions are subject to both the terms and conditions of the respective social media websites, as well as these terms and conditions. From time to time Clowns may integrate User Content generated from your interactions with Clowns on the Site.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- No Liability for Content
- Clowns does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Site. User understands that Clowns does not control, and is not responsible for any Third Party Content made available through the Service, and that by using the Service, User may be exposed to Content that is inaccurate, misleading, or offensive. User agrees that User must evaluate and make User’s own judgment, and bear all risks associated with, the use of any Content and Third Party Content.
- Intellectual Property.
- CLOWNS™ and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law trademarks, service marks 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. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Clowns’ trademarks and/or variations and misspellings thereof.
- Copyright Infringement and DMCA Policy.
- You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.
- As Clowns asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by .com violates your copyright, you are encouraged to notify Clowns at [email@.com]. Clowns will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Clowns or others, Clowns may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Clowns will have no obligation to provide a refund of any amounts previously paid to .
- Third Party Websites and Content.
- The Site may contain (or you may be sent through the Site to) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or 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 Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, 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 or relating to any applications you use or install from the Site.
- From time to time, Clowns may integrate User Content generated from Third Party Sites on the Site. Your submission of User Content to these Third Party Sites is additionally subject to the applicable terms and polices of any site to which you submit User Content and from which Clowns integrates such content. Integration of such User Content on this Site does not imply approval or endorsement by us.
- Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
- Disclaimers and Limitations on Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CLOWNS TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. CLOWNS MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, CLOWNS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE.
- CLOWNS MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, CLOWNS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM ITS ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- CLOWNS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- CLOWNS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR SERVICES IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CLOWNS IN CONNECTION WITH THE SITE OR SERVICES IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
- CLOWNS DISCLAIMS ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
- Definitions and Constructions. Unless otherwise specified, the terms “includes”, “including”, “e.g.,” “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
- Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: (Term), (Proprietary Rights in Site Content), (Member Disputes), (Disclaimers and Limitation on Liability), (Indemnity), and this (Miscellaneous).