Fashion Fantasy Game - Terms of Use

TERMS OF USE

Welcome to the Fantasy Fashion Game web site operated by R. Lilly Tuckerwear Inc. (the "Company"), accessible at www.fantasyfashiongame.com. "Site" includes this web site and all other web sites of the Company and its affiliates, including any web sites on which these terms and conditions of use are posted. The "Site" may include access to virtual environments, games and other content, as well as downloadable software. All users of the Site are subject to the following terms and conditions of use (these "Terms of Use").

Please read these Terms of Use carefully before accessing or using any part of this Site. By accessing or using this Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Company, Privacy Policy, which is hereby incorporated into these Terms of Use If you do not wish to agree to these Terms of Use, do not access or use any part of this Site.

The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to this Site. Your continued use of the Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this 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. There may also products, contests and services on the Site that have posted rules or terms. These rules and terms, when they appear, should be considered to be part of these Terms of Use.

1. USE OF THE SITE

(a) You agree to use the Site only for lawful purposes. You agree not to do any of the following:(1) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) upload to or transmit on the Site any defamatory, indecent, obscene, profane, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (3) misrepresent an affiliation with any person or organization; (4) intercept or attempt to intercept electronic mail not intended for you; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post "spam," transmit chain letters or engage in other similar activities; (11) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; (12) "stalk," abuse or harass another user, or attempt to do any of the foregoing; or (13) engage in any other conduct that restricts or inhibits anyone�s use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site or expose them to liability. Without limiting any of the foregoing, you also agree to abide by any code of conduct applicable to the Site or any service available on the Site.

(b) You agree that you will not (1) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Company, (2) use any device, software or routine that interferes with the proper working of the Site, (3) attempt to interfere with the proper working of the Site, (4) take any action that imposes an unreasonable or disproportionately large load on the Company�s infrastructure, or (5) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

(c) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site, which the Company, in its absolute and sole discretion, deems inconsistent with the foregoing commitments (including any material that the Company has reason to believe constitutes, or for which the Company has received notice of its constituting, a copyright infringement); and (2) terminate any user�s access to all or part of the Site. The Company has no obligation to review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(d) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.

2. USER GENERATED CONTENT AND SUBMISSIONS

You shall be solely responsible for your own user submissions and the consequences of posting or publishing them.

(a) 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 the Company 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 Site and these Terms of Use.

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. You acknowledge that the Company does not pre-screen content but that the Company has the right, but not the obligation to remove or refuse any content on the Site. By uploading or otherwise transmitting material to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Site.

(c) You understand that any postings, or content submitted for posting, to publicly available portions of the Site, including chat areas, message boards and the like ("Public Areas") are non‑confidential for all purposes. You have no expectation of privacy related to Public Areas.

(c) You grant to the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicenseable and transferable license for any and all content you upload or otherwise transmit to the Site in any manner the Company chooses, on the Site or on any other site or in any media, including, but not limited, to copying, displaying, sublicensing, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. The Company has no obligation to review, utilize or provide you any compensation for your submissions as described herein.

(d) In addition to your content and other submissions, the Company welcomes your comments and feedback. All comments, feedback or other information sent by you to the Company or its business partners related to the Site or products or services herein will become the Company�s property and you agree that all intellectual property rights therein are transferred to the Company. To the extent the Company does not own such materials, you grant and agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicenseable and transferable license to utilize, use, reproduce, distribute, display and create derivative works of such comments or feedback. For avoidance of doubt, the Company shall own any developments by the Company or on its behalf arising out of your comments, suggestions, feedback or other submissions.

3.INTERACTION WITH OTHER USERS

As a condition of access to the Site, you release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of the Site. The Company will have the right but not the obligation to resolve disputes between users relating to use of the Site, and to the extent that it elects to resolve such disputes, the Company will do so in good faith based on the general rules and standards of the Company and the Site. You release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Company�s resolution of such disputes.

4. PROTECTION OF PERSONAL INFORMATION AND PRIVACY

The Company�s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy., which is incorporated by reference into these Terms of Use.

5. ACCOUNTS

Some services of the Site may permit or require you to create an account.

(a) You agree to provide true, accurate, current and complete information during the registration process for any account, and to keep the information current through updates. You may not impersonate any person or entity or misrepresent your identity, including by using another person�s account information. We may suspend or terminate your account for any failure to comply with these Terms of Use, any terms related to any service offered through the Site or for any reason whatsoever, or for no reason. Notwithstanding the foregoing, you acknowledge that the Company does not guarantee the accuracy of any information submitted by any user, including account information about the user.

(b) Accounts on the Site are protected by a username and password. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your password and for any use of your password to gain access to your account and your account information. If you disclose your password to any other person, it is at your own risk.

(c) You do not own the account you use to access the Site, and you do not own any data the Company stores on its servers. The Company may cancel your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, or for any other reason. The Company assumes no liability for any information removed from our site for violating these terms. The Company reserves the right to permanently restrict access to our products and services to members who have had their accounts cancelled.

(d) CANCELLATION OF ACCOUNTS BY NON-PAID MEMBERS:If you are a NON-PAID member of the Site, you may cancel your account at any time. You may cancel your account by sending a request to cancel by email from the registered email address to [email protected].

(e) CANCELLATION OF ACCOUNTS BY PAID MEMBERS:If you are a PAID member of the Site, your subscription is auto-renewing. Accordingly, your next and future payments will be charged automatically prior to the end of your subscription period. To cancel, submit a cancelation request including your FashionFantasyGame.com account username, the billing address associated with your payment account and a contact phone number to [email protected] Please be sure to cancel before the end of your billing cycle or you will automatically be charged for the next payment period.No refunds will be provided for cancelled subscriptions.

(f) Cancellation takes effect immediately. After any cancellation, the Company may remove, retain and/or continue to display and use all content and information associated with your account.

(g) The Company does not recognize the transfer of accounts. You may not purchase, sell, gift or trade any Site account, or offer to purchase, sell, gift or trade any account, and any such attempt shall be null and void.

6. VIRTUAL CURRENCY AND OTHER DIGITALLY DISTRIBUTED ASSETS

The Site may include a component of in-game fictional currency (the "Currency") which constitutes a limited license right to use a feature of our product when, as, and if allowed by the Company.

(a) The Company may charge fees for the right to use the Currency or other distributable design assets, or may distribute the Currency without charge, in its absolute and sole discretion. You acknowledge and agree that the Currency has no cash value and is not redeemable for any sum of money. You acknowledge that once you have purchased or used the Currency on the Site, you cannot get real U.S. dollars back or otherwise redeem the Currency for real world money.

(b) Whenever you purchase or use the Currency, you are being granted by the Company a limited non-exclusive, non-transferable license to use the Currency as applicable, within the functionality of the Site. You acknowledge and agree that you do not acquire any ownership rights in or to the Currency, in whole or in part, by purchasing this license to use the Currency but you simply have a license to use such Currency. Your license to use the Currency is contingent upon you obeying the Terms of Use. If you violate the Terms of Use, your Site account and/or your password and your license to use existing the Currency in your account may be terminated at the Company�s absolute discretion. The Company and the Site have no obligation or responsibility to, and will not reimburse you for, any Currency lost due to your violations of this and any other Company rules, policies, notices and/or agreements or due to any other cancellation of your account. You understand that all Currency transactions are final and nonrefundable, except in the Company�s sole and absolute discretion.

(c)The Company may restrict, regulate, control, modify and/or eliminate your ability to obtain, redeem and/or use the Currency at any time, in its absolute and sole discretion, and that the Company shall have no liability to you or any third party in connection therewith. The price and the availability of the Currency are subject to change without notice. The Company shall have the right, in its absolute and sole discretion, from time to time to establish or modify additional rules or policies with respect to the Currency including, without limitation, (i) a rule that the Currency will expire after a certain specified period from purchase and (ii) a rule that a user�s account which remains inactive for a certain specified period of time will lose access to the Currency, and the Company will reasonably endeavor to provide notice of such rules or policies to the users. The Currency will be included in your account until the associated expiration date (if applicable) or your account is otherwise terminated pursuant to the Terms of Use.

7. COMMERCE

(a)The Site may contain certain content or services that are provided for a transaction fee or other charge ("Paid Service"). These fees and charges are described on the web pages applicable to the Paid Service. In the event that you choose to use a Paid Service, you agree to the pricing, payment and billing terms applicable to the fees or charges for the Paid Service at the time of payment. The Company may add new Paid Services or modify fees and charges for existing Paid Services at any time in its absolute and sole discretion.

(b)Unless otherwise specified in the check-out process, payment for all purchases must be made by credit card or other designated payment method at the time of purchase and prices are exclusive of shipping, sales or use taxes and insurance. All payments shall be in the legal currency of the United States unless otherwise designated in the check-out process. All prices are subject to change by the Company without notice and pricing errors may be corrected at any time. Any unpaid current balance shall bear interest at the rate of one and one-half percent (1 1/2%) per month from and after the date payment is due. The buyer will be charged the amount of all applicable taxes (federal, state or local).

(c)If you order products through the Site directly as opposed through third party sites or merchants (see Section 14 below), the following terms apply. Orders for items in stock will ship via the method specified on the Web Site, or by any other shipment method selected by the buyer from the options offered to the buyer during the check-out process. Shipping dates given by the Company are approximate and the Company does not guarantee shipping dates. Failure to make shipments as scheduled does not constitute a cause for cancellation and/or damages under this Agreement.

8. COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents and layout of this Site (including but not limited to, all information, text, displays, images, trademarks, service marks, screen shots and audio and any software made available through or in connection with the Site) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Site for personal use or legitimate business purposes related to your role as a current or prospective user of the Site. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Content available in the Site may be provided by users, rather than the Company, and other parties have rights in their respective content, which you agree to respect. The Site may also contain references to other company brand and product names. These company brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The Site may be, but is not necessarily sponsored by or affiliated with any of the owners of the other company brands and product names appearing on the Site, and makes no representations about them, their owners, or their products and services.

Neither the title nor any intellectual property rights to any information or material in this Site are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site or (c) use of this Site or of any services or materials available through this Site.

9. TRADEMARKS

The Company name and logos, and all related names, logos, product and service names, designs and slogans contained in the Site or any software provided or accessed in connection therewith are trademarks of the Company, its affiliates, licensors and/or contractors unless otherwise clearly specified in writing. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners.

10. LIABILITY OF THE COMPANY AND ITS LICENSORS

The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content.

THE SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE CONTENT, PRODUCTS OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS LICENSORS, ITS CONTRACTORS NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY AND ITS LICENSORS AND CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES OR PRODUCTS PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

The Site is subject to scheduled and unscheduled service interruptions. The Company reserves the right to interrupt the service with or without prior notice for any reason or for no reason. You agreethat the Company and the Site will not be liable for any interruption of the Service, delay or failure to perform and you understand that you shall not be entitled to any refunds or fees for interruption of service or failure to perform. The Company has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the service as it sees fit in its absolute and sole discretion. All aspects of the Site are subject to change or elimination at the absolute and sole discretion of the Company.

You acknowledge and agree that neither the Company nor its licensors or contractors operate or control the Internet and that: (i) viruses, worms, trojan horses or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to your data, web site, computer or network. The Company uses what it believes to be reasonable efforts to protect itself and its Site users from such unauthorized use, but the Company and its licensors and contractors are not responsible for failures resulting from the acts or omissions of third parties not controlled by or under contract with the Company.

11. CONFIDENTIALITY

During your use of the Site, you may have access to Company information, software or data that is not readily available to the public ("Confidential Information"), including any software downloaded through the Site. You agree to not to disclose any Confidential Information to any third parties unless it becomes publicly known without any action or failure to act on your part.

12. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Site or the delivery of products, services or information over the Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney�s fees, arising from any violation by you of these Terms of Use or your use of the Site or any products, services or information obtained from the Site.

13. SWEEPSTAKES CONTESTS

The Site may run promotional contests or sweepstakes from time to time ("Contests"). These Contests are described on the web pages applicable. The Contest rules and regulations, when they appear, should be considered to be part of these terms and conditions.

14. LINKS TO OTHER SITES; DEALINGS WITH OTHER MERCHANTS

The Site contains links to other web sites on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

The Company is not responsible for any products or services you may elect to purchase, download or use from any third party distributor, merchant, advertiser, or other information or service provider ("Merchant"). All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant. The Company is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a Merchant. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY THIRD PARTY PROVIDER, OTHER THAN THE MERCHANT OFFERING SUCH GOODS OR SERVICES, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPATIBILITY.

15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

The Company respects the intellectual property of others, and we ask our users and account holders to do the same. The Company may, in the Company�s absolute and sole discretion, terminate your access to this Site if it deems you to be a repeat intellectual property infringer. The Company may also, in its absolute and sole discretion, limit your access to the Site and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company�s Copyright Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Web Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner�s behalf.

The Company reserves the right to post your notification on the Web Site and/or to third party clearinghouse sites (e.g., www.chillingeffects.org) with individually personally identifiable information removed. Please note that if you materially misrepresent that that an activity is infringing your rights, you will be liable for damages (including costs and attorneys� fees).

The Company�s designated Agent for notice of claims of copyright or other intellectual property infringement is as follows:

By mail:

R. Lilly Tuckerwear, Inc.

120 E. End Avenue 9B

New York, NY 10028-7552

By phone: 646-415-9435

By fax: 608-531-5635

By email: [email protected]

16. MISCELLANEOUS

The owner of this Site is based in the State of New York, USA. The Company makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for complying with local laws. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Company Web Site shall be in the state or federal courts located in or near New York, New York. You agree to submit to the jurisdiction of such courts, and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such exclusive venue and jurisdiction. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You agree to abide by U.S. and other applicable laws, including export control laws, and not to transfer, by electronic transmission or otherwise, any software or other content downloaded from the Site to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading any software from the Site, you warrant that you are not located in any country, or exporting such software to any person or place, to which the United States has embargoed goods. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

The Company�s licensors and contractors are express third party beneficiaries of any terms in these Terms of Use that are applicable to their products or services, including disclaimers of warranty and limitations of liability, and shall have the right to enforce directly against you all of your applicable representations, warranties, covenants, indemnifications and obligations under these Terms of Use.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

The Company�s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

Last updated March 16, 2009