Terms Of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The DroppedTheBomb.com
Web site (the "Web Site" or "DroppedTheBomb.com") is provided
by DroppedTheBomb.com and/or its affiliates and subsidiaries for your and others'
personal, non-commercial enjoyment, subject to the terms of these terms and
conditions of use and all modifications thereto ("Terms and Conditions"),
and the rules that may be published from time to time by DroppedTheBomb.com.
By using this site, you are deemed to have agreed to these terms and conditions
of use. DroppedTheBomb.com may change the Terms and Conditions from time to
time and at any time, and without actual notice to you. All such changes to
these Terms and Conditions will appear on DroppedTheBomb.com. By using this
site after we post any changes, you agree to accept those changes, whether
or not you have reviewed them. If at any time you choose not to accept these
Terms and Conditions of use, please do not use this site.
User Conduct
This Web Site and any communications service, including the capability to contribute
material through the contribution form (each such submission, a "Contribution"),
chat room, message board, newsgroup, or other interactive service that may
be available to you on or through this site (collectively, the "Services")
are provided to you solely for entertainment purposes.
Without limitation of the foregoing, you
agree to not use the Web Site or Services to:
Upload, post, publish, email,
reproduce, distribute or otherwise transmit
any information, data, text, music, sound,
photographs, graphics, video, messages or other
materials, including any Contribution, (collectively, "Content"),
that is unlawful, harmful, threatening, embarrassing,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, deceptive, fraudulent, contains
explicit or graphic descriptions or accounts
of sexual acts, invasive of another's privacy,
or hateful;
"Stalk" another;
Upload, post, publish, email,
reproduce, distribute or otherwise transmit any Content
that victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
Harm minors in any way;
Impersonate any person or entity,
including, but not limited to, a DroppedTheBomb.com
official, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
Forge headers or otherwise manipulate
identifiers in order to disguise the origin of any
Content transmitted to or through the Web Site;
Upload, post, publish, email,
reproduce, distribute or otherwise transmit any Content
that you do not have a right to transmit under any
law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
Upload, post, publish, email,
reproduce, distribute or otherwise transmit any Content
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
Upload, post, publish, email,
reproduce, distribute or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "Spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
Upload, post, publish, email,
reproduce, distribute or otherwise transmit any material
that contains software viruses, Trojan horses, worms,
time bombs, cancelbots, 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 or any
other similarly destructive activity, or surreptitiously
intercept or expropriate any system, data or personal
information;
Act in a manner that negatively
affects other users' ability to engage in the Web
Site or Services;
Engage in any activity that is
contrary to or which would adversely affect the purpose
or intention of the Web Site or Services, including
but not limited to, actually or attempting to manipulate,
corrupt or otherwise affect the outcome of the Services,
in whole or part, by, among other methods, subscribing
another party without their authorization or registering
multiple subscriptions under the same or different
names;
Interfere with or disrupt the
Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
or
Intentionally or unintentionally
violate any applicable local, state, national or
international law.
You also agree that you will not harvest, collect or store information about
the users of this Web Site or the Content posted by others on this Web Site
or use such information for any purpose inconsistent with the purpose of this
Web Site or for the purpose of transmitting or facilitating transmission of
unsolicited bulk electronic mail or communications.
You acknowledge that DroppedTheBomb.com is not responsible for material submitted
to DroppedTheBomb.com or posted to the Web Site by users. DroppedTheBomb.com
does not pre-screen, monitor, or review the Content posted by users. However,
DroppedTheBomb.com and its designees have the right (but not the obligation)
at their sole discretion to refuse, remove, or edit any Content, in whole or part,
that, in DroppedTheBomb.com's judgment, does not comply with these Terms and
Conditions or is otherwise undesirable, inappropriate or inaccurate. DroppedTheBomb.com
is not responsible for any failure, non-failure or delay in removing such Content.
You will remain responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of such submitted material, including any Contribution
or part thereof, or other communication to DroppedTheBomb.com. You agree to
immediately notify DroppedTheBomb.com of any unauthorized use of the Service
or any other breach of security known or suspected by you.
You acknowledge and agree that DroppedTheBomb.com may preserve Content and
may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these Terms and Conditions; (c) respond
to claims that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of DroppedTheBomb.com, its users or
the public.
You understand that the technical processing and transmission of the Web Site,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. DroppedTheBomb.com assumes no responsibility for the deletion
or failure to store postings, Contributions or other information submitted
by you or other users to DroppedTheBomb.com.
Any or all Content on the Web Site may be purged periodically in DroppedTheBomb.com's
sole discretion. You acknowledge and agree that Content you view, submit or
post is at your own discretion and risk, including any reliance on the accuracy,
completeness, or usefulness of such Content. You acknowledge that you may not
rely on any information, data, text, music, sound, photographs, graphics, video,
messages or other materials created by DroppedTheBomb.com or submitted to DroppedTheBomb.com,
including Content. You further acknowledge and agree that the views expressed
on the Web Site do not necessarily reflect the views of DroppedTheBomb.com,
and DroppedTheBomb.com does not support or endorse Content (including any Contribution,
whether or not edited by DroppedTheBomb.com or its designee or presented on
the Web Site edited or unedited, in whole or in part, or alone or with other
content) posted or submitted by you or any User.
Restrictions On Use of Material
The content on this Web Site is intended for entertainment purposes only. Except
as expressly permitted, you agree not to use the Web Site for sale, trade or
other commercial purposes, and, you may not modify, copy, publish, display,
transmit, adapt or in any way exploit the content of the Web Site. Only if
you obtain prior written consent from us -- and from all other entities with
an interest in the relevant intellectual property -- may you publish, display
or commercially exploit any material from the Web Site. To seek our permission,
you may write to us at our address provided below. If permission is granted
by us and by all other entities with an interest in the relevant intellectual
property, you may not change or delete any author attribution, trademark, legend
or copyright notice.
You must abide by all additional copyright notices or other restrictions contained
on the Web Site.
Unsolicited Materials
In operating this site, DroppedTheBomb.com does not solicit nor does it wish
to receive any confidential, secret or proprietary information or other material
from you through the Web Site or DroppedTheBomb.com mail and email addresses,
or in any other way. Any information or material submitted or sent to DroppedTheBomb.com,
will be deemed not to be confidential or secret. By submitting or sending information
or other material to DroppedTheBomb.com you represent and warrant that the
information is original to you and that no other party has any rights to the
material.
User's Grant Of Limited License
By using this site, you do hereby represent and warrant that you understand
and agree that all information submitted by you to DroppedTheBomb.com becomes
the property of DroppedTheBomb.com and may be used in the sole discretion of
DroppedTheBomb.com. By communicating with DroppedTheBomb.com, including submitting
or sending Content, a Contribution or other information or material to DroppedTheBomb.com,
you grant DroppedTheBomb.com the royalty-free, unrestricted, world-wide, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part), including
any information, suggestions, ideas, drawings or concepts contained in such
Content, worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed. Such license includes incorporating
a Contribution, in whole or in part, into a DroppedTheBomb.com feature. You
will remain responsible for the accuracy, copyright compliance, legality, decency,
or any other aspect of such submitted material, including any Contribution
or part thereof, or other communication to DroppedTheBomb.com.
You also warrant that any "moral rights" in posted materials have
been waived.
Linked Sites
You may be able to link to third parties' Web Sites ("Linked Sites")
from the DroppedTheBomb.com Web Site. Linked Sites are not, however, reviewed,
controlled, or examined by DroppedTheBomb.com in any way and DroppedTheBomb.com
is not responsible for the content, availability, advertising, products or
other materials of any such Linked Sites, or any additional links contained
therein. These links do not imply DroppedTheBomb.com's endorsement of or association
with the Linked Sites. It is your sole responsibility to comply with the appropriate
terms of service of the Linked Sites as well as with any other obligation under
copyright, secrecy, defamation, decency, privacy, security and export laws
related to the use of such Linked Sites and any content contained thereon.
In no event shall DroppedTheBomb.com be liable, directly or indirectly, to
anyone for any loss or damage arising from or occasioned by the creation or
use of the Linked Sites or the information or material accessed-through these
Linked Sites. You should direct any concerns to that site's administrator or
webmaster. DroppedTheBomb.com reserves the exclusive right, at its sole discretion,
to add, change, decline or remove, without notice, any feature or link to any
of the Linked Sites from the Web Site and/or introduce different features or
links to different users.
SPECIAL NOTICE: THE LINKED SITES
MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY
EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT
MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED
SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE
IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT
THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT
FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY
STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE,
PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU
BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED
SITES.
Permission must be granted by us for any type of link to DroppedTheBomb.com.
To seek our permission, you may write to DroppedTheBomb.com. We reserve the
right, however, to rescind any permission granted by us to link through any
type of link, and to require termination of any such link to the Web Site,
at our discretion at any time.
Contests, Promotions, Simulations or Games
From time to time, DroppedTheBomb.com may offer as part of the Services, either
on or through the Web Site, contests, promotions, simulations or games (collectively, "Games").
To participate in Games, players may be required to complete a registration
form. Upon submission, all registrations become the exclusive property of DroppedTheBomb.com.
Registered users (each, a "Registered User") are permitted only
one account. Registered Users with more than one account are subject to immediate
disqualification from any Game, unless the description of the Game expressly
invites a user to register multiple times. DroppedTheBomb.com, at its sole
discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release DroppedTheBomb.com and its agents, advertisers,
sponsors or promotional partners, from all liability arising from participation
in any of Game located on, or accessed through, the Web Site. DroppedTheBomb.com
is not responsible for technical, hardware or software failures of any kind,
lost or unavailable network connections, or failed, incomplete, garbled or
delayed computer transmissions which may limit any Registered User's ability
to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the
rules of fair play and consideration of fellow Registered User. A Registered
User who violates any of the rules or guidelines for behavior published on
the Web Site, or the site where the Game is conducted, are subject to immediate
disqualification and revocation of their registration. DroppedTheBomb.com is
under no obligation to award any prize to any Registered User who violates
a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to
the official game or contest rules published with that Game.
DroppedTheBomb.com reserves the right to cancel, terminate or alter any Game
or the rules thereof at any time without prior notification.
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of DroppedTheBomb.com
and its affiliates or licensors. As between DroppedTheBomb.com and you, DroppedTheBomb.com
is the sole owner of all content on the Web Site, including without limitation,
all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade
secrets, and other intellectual property rights thereto. Except as otherwise
specifically provided in these Terms and Conditions, you may not download or
save a copy of the Web Site or any portion thereof, for any purpose. You may,
however, print a copy of individual screens appearing as part of the Web Site
solely for your personal, non-commercial use or records, provided that any
marks, logos or other legends that appear on the copied screens remain on,
and are not removed from the printed or stored images of such screens. All
title and intellectual property rights in and to the content of the Linked
Sites is the property of the respective content owner and may be protected
by applicable copyright or other intellectual property laws and treaties.
Parental Permission
This Web Site is not intended to be a children's site, therefore, some of the
available information may concern certain topics that may not be appropriate
for children. By using the DroppedTheBomb.com web site, you affirm you are
18 years or older. Use of this site for minors until the age of 18 is prohibited.
Privacy Policy
We are committed to protecting your privacy and security and have explained
in detail the steps we take to do so. Please review our privacy policay.
Disclaimer Of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS
AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITATION OF THE FOREGOING, DroppedTheBomb.com SPECIFICALLY DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS,
OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT
OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER
CAUSE OF ACTION. DroppedTheBomb.com DOES NOT WARRANT OR GUARANTEE (1) THAT
ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN
HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES;
OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
DroppedTheBomb.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT
DroppedTheBomb.com OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT WILL DroppedTheBomb.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE
TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE,
RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF DroppedTheBomb.com OR
ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DroppedTheBomb.com'S
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
User agrees to indemnify, defend, and hold harmless DroppedTheBomb.com and
its officers, directors, shareholders, members, agents, representatives, employees,
successors and assigns for, from and against any and all liabilities, costs
and expenses (including reasonable attorneys' fees) arising from or relating
to your use of the Website, including your use of the Website to link to or
from third party sites and/or to download content or other information and
its officers, directors, shareholders, members, agents, representatives, employees,
successors and assigns for, from and against any and all liabilities, costs
and expenses (including reasonable attorneys' fees) arising from or relating
to your use of the Website, including your use of the Website to link to or
from third party sites and/or to download content or other information. This
expressly includes:
1. User's responsibility for any and all liability arising from the violation
or infringement of proprietary rights or copyrights.
2. User's responsibility for any and all liability arising from the use of
codes obtained on DroppedTheBomb.com.
3. Any defamatory or otherwise unlawful material submitted by user to DroppedTheBomb.com
Copyrights And Copyright Agent
We respect the intellectual property rights of others, and require that the
people who use the DroppedTheBomb.com Web Site do the same.
Applicable Laws / Jurisdiction
You agree that the laws of the State of New York, excluding its conflicts-of-law
rules, shall govern these Terms and Conditions. Please note that your use of
the Web Site may be subject to other local, state, national, and international
laws. You expressly agree that exclusive jurisdiction for any claim or dispute
with DroppedTheBomb.com or relating in any way to your use of the Web Site
resides in the courts of the State of New York, and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the State
of New York, in connection with any such dispute and including any claim involving
DroppedTheBomb.com or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in New York. We do not represent
that materials on the site are appropriate or available for use outside of
New York. Persons who choose to access this site from other locations do so
on their own initiative, and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever,
any of your rights or obligations under this Agreement. DroppedTheBomb.com
may transfer, assign sublicense or pledge in any manner whatsoever, any of
its rights and obligations under this agreement to a subsidiary, affiliate,
or successor thereof or to any third party whatsoever, without notifying you
or receiving your consent.
Other
If you are dissatisfied with the Website, your sole and exclusive remedy is to
discontinue using the Website. DroppedTheBomb.com shall have no liability,
contingent or otherwise, for the accuracy, completeness, timeliness or correct
sequencing of information contained on the Website, for any decision made or
action taken by you in reliance upon information contained on the Website or
for interruption of any data, information or other aspect of the Website Disclaimers.
DroppedTheBomb.com does not guarantee that the Website will be uninterrupted
or error-free or that any information and other materials accessible from or
related to the Website are free of viruses, worms or other harmful components.
DroppedTheBomb.com does not rent,
sell, giveaway or share personal information about you with other people or
companies. We may however share the following information under the following
circumstances.......
We may however share general information as to demographics
and Web Site industry statistics.
We respond to subpoenas, court orders, or legal process, or
to establish or exercise our legal rights or defend against legal claims;
We believe it is necessary to share information in order to
investigate, prevent, or take action regarding illegal activities, suspected
fraud, situations involving potential threats to the physical safety of any
person, violations of DroppedTheBomb.com terms of use, or as otherwise
required by law.
We transfer information about you if DroppedTheBomb.com is
acquired by or merged with another company. In this event, DroppedTheBomb.com will
notify you before information about you is transferred and becomes subject
to a different privacy policy.
DroppedTheBomb.com reserves the right to remove or replace any content or
service for any reason and at any time. DroppedTheBomb.com also reserves the
right to terminate its service temporarily, for maintenance, or permanently,
at its sole discretion and without warning.
If there is any conflict between these Terms and Conditions and rules and/or
specific terms of use appearing on this site relating to specific material
then the latter shall prevail.