CockyDeals Site Agreement
The CockyDeals (the “Company”) is an online information service provided by http://CockyDeals.com (“Cocky Deals “), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this Site. By accessing or using the site, you are agreeing to be bound by the terms and conditions set forth below. CockyDeals MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are CockyDeals, its affiliates or other third party licensors. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to CockyDeals a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to CockyDeals by all means and in any media now known or hereafter developed. You also grant to CockyDeals the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CockyDeals for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CockyDeals.
You may link or hyper-link to the home page of the Site from any Qualified Site, provided (a) you do not alter or frame the Site or any portion of the site; (b) you notify us by email specifying the URL of each page from which you will be linking to our home page; (c) you do not deep link into the Site, meaning you do not link into any page other than the home page; (d) the link or hyper-link to the Site is not used in a way that suggests that CockyDeals endorses you or your web site; (e) the link is identified using a plain text rendering of the CockyDeals’ name and not any trademark or CockyDeals’ logo; (f) the link or hyper-link to the Site is not used or presented in any way that disparages CockyDeals or tarnishes, defames, blurs, or dilutes the quality of our names or trademarks or any associated goodwill; (g) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and (h) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
“Qualified Site” means a web site that displays no Objectionable content, is not owned or controlled by a competitor to CockyDeals and the content of which is not competitive to the Site. “Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (1) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (2) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or (3) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (4) violates or encourages other to violate any applicable law.
No Other Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Site without our written permission is strictly prohibited.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of CockyDeals. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by CockyDeals, CockyDealsdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for CockyDeals- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with CockyDeals. All trademarks and registered trademarks mentioned on this Site are properties of their respective owners.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CockyDeals PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND CockyDeals SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. CockyDeals DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. CockyDeals HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL CockyDeals BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF CockyDeals OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CockyDeals LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CockyDeals makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-CockyDeals web site, please understand that it is independent from CockyDeals, and that CockyDeals has no control over the content on that web site. In addition, a link to a CockyDeals web site does not mean that CockyDeals endorses or accepts any responsibility for the content, or the use, of such web site.
3. Prohibitions
Under no circumstances may you:
- delete, modify or attempt to change or alter any of the Content on the Site;
- send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
- use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
- use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other web site providers, web sites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
- use any “robot”, “spider” or other automatic or manual device or process in order to compile information of the Site or its users for purposes other than for a generally available search engine.
- use any CockyDeals’ names, service marks, or trademarks without our prior written consent, including without limitation as metatags or hidden text.
4. Indemnification.
You agree to indemnify, defend and hold harmless CockyDeals, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
5. Third Party Links, Products, Content and Services
The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, CockyDeals’ affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Other Sites”). You should refer to any third party sites’ terms of use, privacy policies, and other rules posted on their Sites before you use them. CockyDeals is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by CockyDeals; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. The provisions of paragraphs 2 (Use of the Service), and 4 (Indemnification) are for the benefit of CockyDeals and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of CockyDeals and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
8.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between CockyDeals and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CockyDeals’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CockyDeals may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.