TERMS OF USE

www.PlaySubmissionsHelper.com

1.      ACCEPTANCE OF TERMS

Teres Enterprises LLC, a New York limited liability company (hereinafter referred to as “Company,” “we,” “us,” or “our”), makes the website www.PlaySubmissionsHelper.com (including www.PlaySubmissionsHelper.com/blog) (the “Site”), including all information, documents, communications, files, images, text, graphics, descriptions, products and services available through the Site, including products and excel files and member’s-only access areas available for purchase through the Site (collectively, the “Materials”) and all services operated by us and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that we may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading or accessing of any Materials, any purchase made through the Site, or merely browsing the Site, you agree to and are bound by the Terms of Use.

We reserve the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

All product information, descriptions, materials, files, communications, documents, text, images and content provided by us are referred to as “Company Content.”

2.      INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, or in a written Agreement between you and the Company, we do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by Company, this Site also make available materials, information, hyperlinks to, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold us responsible or liable with respect to the Third Party Services or seek to do so.

When you submit a testimonial to us, you are representing that the testimonial is your original expression, that it does not infringe the intellectual property of any third party, and that you agree to provide us a perpetual, unlimited, world-wide license to feature and present your testimonial on our Site and elsewhere without limitation.

3.      TRADEMARK INFORMATION

The trademarks, logos, and service marks (the “Marks”) displayed on this Site are the property of Company or other third parties. You are not permitted to use the Marks without our prior written consent or the consent of such third party that may own the Marks.

4.      USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, servers, or networks connected to or accessible through the Site or any linked sites.

5.      WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in this Agreement or in a written agreement between you and Company, this Site, and all Materials and Services, including all the products, accessible for purchase through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement or accuracy. Without limiting the foregoing, we make no warranty that

(i) the Services and Materials will contain accurate information, or will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; and (iv) the quality of any Services or Materials, including any product purchased on the Site, obtained or accessible by you through the Site will meet your expectations.  We do not endorse the submitting to any of the submission opportunities contained in Product, and make no warranty that any of the submission opportunities are legitimate, and make no warranty that the proprietor of any submission opportunity will not misappropriate or steal any intellectual property you submit to them.  Company makes does not warrant that any login information or credentials  you provide, such as your email address and password, will be safe and will not be accessed by third parties, whether with consent of Company, or otherwise.  Accordingly, you are advised not to use a password that you use for any other purpose.

The use of the Services or the downloading or purchasing of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. We assume no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

6.      PERSONAL INFORMATION AND PRIVACY

In addition to the uses provided in our Privacy Policy, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others. Please refer to our Privacy Policy for more information about the manner in which we may use your information.

7.      LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, recklessness, or intentional conduct, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, members, or suppliers, in either an individual or corporate capacity, be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of data, or profits, whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

In no event, including, without limitation, negligence (including gross negligence) recklessness, or intentional conduct, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, members, or suppliers be liable to you or any third party, in an individual or corporate capacity, for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, and on any theory of liability, arising out of or in connection with the disclosure or publication, whether intentional or inadvertent, of your personal information (including your password).

8.      INDEMNITY AND LIABILITY

You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, partners, members and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, its Services, or Materials.

9.      GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by Company from its offices within the State of New York, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. Subject to the arbitration clause below, you and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of New York with respect to such matters.

Any dispute relating in any way to your visit to this Site shall be submitted to confidential, binding arbitration in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

10.  GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.