Last Updated: June 3, 2020
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
If you have any questions about these Terms, please contact us.
1.1 Eligibility. You understand and agree that to use the Site you must be of legal age (18 years of age or older).
1.2 License to Use the Sites. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, nontransferable, and revocable right to access the Site and use the Services for your personal, non-commercial use. Wirestreak Media reserves the right to monitor your usage of the Services for the purpose of determining that it complies with these Terms.
1.3 Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, Site, or underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or Site; (g) collect information about users of the Services or the Site; (h) violate, misappropriate, or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or Site.
2. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES
2.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Sites including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), and the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Wirestreak Media. Content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Site Design, and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Site Design, or Technology.
2.2 Third-party Content. The Site may contain information and content provided by third parties. The Site may also link to information and content provided by third parties, including but not limited to websites and sweepstakes offered and managed by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content or representations made by any third party. Wirestreak Media is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites, including but not limited to any sweepstakes offered or managed by third parties through such third party sites.
3.1 Infringement Notification. Wirestreak Media respects the rights of others and we expect users of our Site and Services to do the same. We may remove content that in our sole discretion appears to infringe the intellectual property rights of others.
3.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to Wirestreak Media’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
EMAIL: [email protected]
Wirestreak Media Copyright Agent
2901 Clint Moore Road, #154
Boca Raton, Florida 33496
In any such notice, please include sufficient information to address the items specified below:
4.1 USE OF SITE IS AT YOUR OWN RISK. WIRESTREAK MEDIA DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. WIRESTREAK MEDIA MAKES NO REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE THAT THE PRODUCTS, SITE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. WIRESTREAK MEDIA WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES, OR ANY THIRD-PARTY WEBSITES.
4.2 NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. WIRESTREAK MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE (INCUDING BUT NOT LIMITED TO SWEEPSTAKES) ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND WIRESTREAK MEDIA 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. WIRESTREAK MEDIA WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5. LIMITATION OF LIABILITY
5.1 YOUR RIGHTS MAY VARY. BECAUSE SOME STATES MAY NOT ALLOW LIMITATIONS ON LIABILITY OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OF RESIDENCE.
5.2 NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL WIRESTREAK MEDIA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY “WIRESTREAK MEDIA” FOR PURPOSES OF THIS SECTION 5) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF, OR THE INABILITY TO USE THE SITE, SERVICES, OR PRODUCTS, EVEN IF WIRESTREAK MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. WIRESTEAK MEDIA WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT SERVICES, LOSS OF REVENUE, OR LOSS OF GOODWILL.
5.3 OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE VALUE OF THE SWEEPSTAKES PRIZE IN QUESTION OR, IF THE CLAIM DOES NOT RELATE TO A SWEEPSTAKES PRIZE, $100.00.
You agree to defend, indemnify, and hold harmless Wirestreak Media and its directors, officers, employees, agents, and representatives (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage, or other damages arising from your or a third party’s use or misuse of any product or Services obtained or used by you from this Site; and (c) arising from, related to, or connected with your use or misuse of the Site or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
7.1 Term. These Terms are effective unless and until terminated by us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
7.2 Modification and Termination of Sites and Services. We may modify or terminate the Site or the Services, your access to the Site or the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
7.3 Suspension or Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our then-outstanding obligations to you related to any pending Services owed to you.
7.4 Effect of Termination. If you terminate your account, you will remain liable under these Terms for any use of the Site made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. However, you will remain liable under the Terms for any use of the Site made prior to termination.
8.1 Jurisdiction. You and Wirestreak Media agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Wirestreak Media in any way (collectively, “Covered Matters”) shall be subject to the exclusive jurisdiction of the state or federal courts of competent jurisdiction in Palm Beach County, Florida.
8.2 Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Florida, without regard to conflict of laws principles, will govern all Covered Matters.
8.3 Attorney’s Fees and Costs. The prevailing party in all proceedings related to Covered Matters shall be entitled to its reasonable attorney’s fees and costs, which shall be paid by the non-prevailing party.
8.4 Class Action Waiver. You agree that any claim you may have against Wirestreak Media, and its current and past officers, directors, agents, and representatives, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join, or participate in a class action against Wirestreak Media.
9. GENERAL TERMS
9.1 Force Majeure. Under no circumstances shall Wirestreak Media be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
9.2 No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Wirestreak Media to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
9.3.1 These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and Wirestreak Media and govern your use of the Site, Services, and products provided by Wirestreak Media, and supersede any prior agreements between you and Wirestreak Media on the subject matter. You also may be subject to additional Official Rules or terms that may apply when you enter a sweepstakes with us, or use certain Wirestreak Media Services or third-party content, links, or websites.
9.3.2 These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Wirestreak Media without restriction.
9.3.3 These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
9.3.4 These Terms may not be modified by an oral statement by a representative of Wirestreak Media. A party’s failure or delay in exercising any right, power, or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms.
9.3.5 No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
9.3.6 You agree to comply with all applicable laws in your use of the Site and Services.
9.3.7 You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
9.3.8 These Terms will not be construed against the drafter.
9.3.9 “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise.
9.4 Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site, or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical address or contact us here.
Wirestreak Media, Inc.
2901 Clint Moore Road, #154
Boca Raton, Florida 33496