Terms Of Service
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Shindigg.com domain name, the "Shindigg Website", "Website" or “Site”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF SHINDIGG'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://shindigg.com/Content/Privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Shindigg Website.
2. Services Void Where Prohibited
Use of the Services is void where prohibited. You must be over the age of 13 to register as a member or use this Site. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement. If you are under 13 years of age, then please do not use the Shindigg Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
3. Shindigg Website
4. Website Access
A. Shindigg hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Shindigg's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an 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 Shindigg immediately of any breach of security or unauthorized use of your account. Although Shindigg will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shindigg or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Shindigg servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Shindigg grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Shindigg 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 for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
a. REGISTRATION. You are required to register with Shindigg if you want to utilize certain features of the WebSite, including but not limited to creating events, purchasing tickets for events and editing your profile. In order to register with Shindigg you must supply a valid email address, and a password and answer a few questions. You may also answer certain optional questions, which will help other users know a little more about your interests. Third party access to your profile information is determined by the privacy level you select under your privacy options. If you elect to display your profile to other Shindigg users, a link to your profile will be displayed on your invitations and reviews, and your profile information will be made publicly accessible. You may elect for your profile information to be accessible to others only with your permission, or you may elect to hide your profile, in which case your profile information will not be displayed to third parties under any circumstance.
c. MESSAGES. When you register you will be provided with a private and anonymous mailbox to receive email messages from other users who may want to contact you, without you having to disclose your actual email address or other information. The Message Center also assures other users that they may send and receive messages without having to disclose any personal information or email addresses to you. The Message Center contains features that allow you to block other users from contacting you if you choose.
d. PHOTO GUIDELINES. When you set up a My Profile Page, you will have the opportunity of posting a current photograph of yourself. We will accept photographs which show yourself plus another adult person (spouse, family member, etc.) and/or your children. Your face should be clearly visible in the photo. We will also accept a graphic containing a logo, provided that you are the copyright owner. Photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in Shindigg's sole discretion). For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to Shindigg are subject to review and, if deemed by Shindigg to violate the Terms of Service, removal. Offensive content is not permitted in any form. By posting a photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize Shindigg to distribute that photograph as part of the Shindigg Website. If you see any photographs on Shindigg that do not conform to this policy, please notify us by emailing us at [email protected].
6. Description of Service
Shindigg provides Users with a variety of online services, including but not limited to:
a. PRIVATE EVENTS. A private event is a private social gathering or get-together hosted and attended by a group of people in the same social network (friends, family and/ or associates). If you want to send an Shindigg invitation to a private event, you must be registered with Shindigg (see Registration above). In addition, if you have a My Profile Page (see above) your My Profile Page information will be viewable to all Guests.
b. PUBLIC EVENTS. A Public Event is a social gathering or get-together that is open to all members of the Shindigg community. All Public Events are searchable on the Shindigg web site. Some examples of Public Events may include: art exhibits, music festivals, happy-hours, poetry readings, grand openings of restaurants and clubs, etc. You must register an account in order to post a Public Event.
c. RECOMMENDATIONS. Recommendations are Public Events and Places listed on the Shindigg Website based on information you have supplied to us, such as zip code, interests and keyword searches you have conducted.
d REVIEWS. Shindigg allows you to post reviews of events, bars, restaurants and other places. Your reviews are viewable by all Shindigg registered users, however you may choose to hide your profile by posting an anonymous review. Shindigg reserves the right to pull down a review if it contains (1) derogatory language, (2) threats of physical harm, or (3) any other reason Shindigg determines is necessary to protect the integrity of its service. In furtherance of this endeavor, the Shindigg Web site will automatically reject certain profane and otherwise inappropriate words in a User review.
e. OTHER FEATURES. You may also create event photo albums and conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to create a My Profile Page (see above).
7. Intellectual Property Rights
The content on the Shindigg Website, except all User Content (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 Shindigg, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, 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. Shindigg reserves all rights not expressly granted in and to the Website and the Content. 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 Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Shindigg Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Shindigg Website or the Content therein.
8. User Content
A. The Shindigg Website may now or in the future permit the submission of data, text, videos, music, sound, images, photographs, graphics, message, files or other materials submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content are published, Shindigg does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Shindigg to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Content. However, by submitting the User Content to Shindigg, you hereby grant Shindigg a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Shindigg Website and Shindigg's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Shindigg Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Shindigg Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Shindigg Website.
C. In connection with User Content, you further agree that you will not: (i) 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 Shindigg all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Shindigg or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Shindigg does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Shindigg expressly disclaims any and all liability in connection with User Content. Shindigg does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Shindigg will remove all Content and User Content if properly notified that such Content or User Submission infringes on another's intellectual property rights. Shindigg reserves the right to remove Content and User Content without prior notice. Shindigg will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Shindigg also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Shindigg may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, 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):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
Shindigg's designated Copyright Agent to receive notifications of claimed infringement is can be reached at: [email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Shindigg customer service through http://Shindigg.com/Contact.aspx. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Shindigg Website, you will be exposed to User Content from a variety of sources, and that Shindigg is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content 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 Shindigg with respect thereto, and agree to indemnify and hold Shindigg, 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.
F. Shindigg permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Shindigg provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Shindigg website on the pages containing the Embeddable Player. Shindigg reserves the right to discontinue any aspect of the Shindigg Website at any time.
9. Event Disclaimers And Limitation Of Liability
YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING SHINDIGG YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. SHINDIGG HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING SHINDIGG, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS, RELEASE SHINDIGG FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS SHINDIGG, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
10. Transactions With Organizations Or Individuals
Shindigg shall not be liable for your interactions with any organizations and/or individuals found on or through the Shindigg Website. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Shindigg is under no obligation to become involved in disputes between participants on the Shindigg Website, or between participants on the Shindigg Website and any third party.
11. No "Spamming"
You must not use any feature of the Shindigg Website for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Shindigg. If you use any feature of the Shindigg Website for the purpose of sending Spam, Shindigg reserves the right to immediately terminate your access to the Shindigg Website and to seek appropriate legal recourse as necessary. If you believe that other users are using the Shindigg Website for Spam, please notify Shindigg using the Customer Support Form, by flagging any posting that appears to be Spam for Shindigg's review, or by emailing Shindigg at [email protected] PLEASE NOTE that by posting a Public Event you are consenting to receive, and authorizing Shindigg to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
14. No Resale Or Commercial Use, Abuse Of The Service
Your right to use the Shindigg Website is personal to you. You agree not to resell or make any commercial use of the Shindigg Website without the express consent of Shindigg. You may not create bots or other computer generated automatic tools to create events, nor abuse the Shindigg Website in any manner. Use that constitutes abuse shall be determined by Shindigg in its sole discretion. Shindigg reserves the right to terminate your account if Shindigg determines you have not complied with these Terms of Service.
15. User Conduct
Shindigg reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Shindigg Website. Your use of the Shindigg Website is subject to all applicable local, state, national and international laws and regulations.
In using the Shindigg Website you agree not to:
*Use the Shindigg Website for illegal purposes;
*Interfere or disrupt networks connected to the Shindigg Website or violate the regulations, policies or procedures of such networks;
*Use the Shindigg Website in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
*Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
*Transmit through the Shindigg Website any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
*Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Shindigg Website;
*Transmit through the Shindigg Website any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
*Interfere with another User's use and enjoyment of the Shindigg Website;
*Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
*Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Shindigg Website any directory of Shindigg's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under the Terms of Service;
*Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
*Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
*Engage in any other conduct which, in Shindigg's sole discretion, is considered inappropriate, unauthorized or objectionable.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shindigg without restriction.
17. Violation Of Terms By Other Users
Shindigg asks that you participate in ensuring that all Users follow the terms of this Terms of Service by reporting any Private Shindigg invitations, Public Events or other postings or messages that violate these terms. To report a violation of this Terms of Service, please email us at [email protected].
You agree to defend, indemnify and hold harmless Shindigg, 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 Shindigg 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 Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Shindigg Website.
You may terminate your participation in the Shindigg Website with or without cause at any time and effective immediately. Shindigg may terminate the Shindigg Website or your use of the Service with or without cause at any time and effective immediately, at Shindigg's sole discretion, including but not limited to immediate termination of your use of the Shindigg Website should your conduct fail to conform to the terms and conditions of the Terms of Service. Shindigg shall not be liable to you or any third party for termination of the Shindigg Website or termination of your use of the Shindigg Website. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Shindigg makes to the Terms of Service or become dissatisfied with the Shindigg Website in any way, your only recourse is to immediately: (1) discontinue use of the Shindigg Website; and (2) notify Shindigg of your termination and, at your discretion, notify Shindigg of the reasons for your termination. Upon termination of your use of the Shindigg Website, your right to use the Shindigg Website shall cease immediately. You shall have no right and Shindigg will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 7, 8, 9, 10, 13, 18, 19, 20, 21 and 22 shall also survive termination of these Terms of Service.
20. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SHINDIGG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHINDIGG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SHINDIGG 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 OMISSIONSIN 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 SHINDIGG WEBSITE. SHINDIGG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHINDIGG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHINDIGG 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.
21. Limitation of Liability
IN NO EVENT SHALL SHINDIGG, 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 SHINDIGG WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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 SHINDIGG 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 Website is controlled and offered by Shindigg from its facilities in the United States of America. Shindigg makes no representations that the Shindigg Website is appropriate or available for use in other locations. Those who access or use the Shindigg Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree that: (i) the Shindigg Website shall be deemed solely based in Washington ; and (ii) the Shindigg Website shall be deemed a passive website that does not give rise to personal jurisdiction over Shindigg, either specific or general, in jurisdictions other than Washington. These Terms of Service shall be governed by the internal substantive laws of the State of Washington , without respect to its conflict of laws principles. Any claim or dispute between you and Shindigg that arises in whole or in part from the Shindigg Website shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms of Service, together with the Privacy Notice at http://shindigg.com/Content/Privacy and any other legal notices published by Shindigg on the Website, shall constitute the entire agreement between you and Shindigg concerning the Shindigg 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 Shindigg's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Shindigg 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 Shindigg Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SHINDIGG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHINDIGG WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. Modifications To The Service And To Terms Of Service
Shindigg reserves the right to modify or discontinue the Shindigg Website with or without notice to you. Shindigg shall not be liable to you if Shindigg modifies or discontinues its Service. Shindigg may change the terms and conditions of the Terms of Service at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this Terms of Service, Shindigg may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new Terms of Service on the Shindigg Website. By using the Shindigg Website after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.