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FearZone.com web site, including the FearZone.com newsletter, (the "Web Site"), is provided by FearZone.com and/or its affiliates (the "Company"). This web page states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Web Site. Please review this Agreement carefully. By accessing and using the Web Site and its services, you indicate you accept and agree to be bound, without limitation or qualification, by these Terms. The Company may, at its sole discretion, revise, modify, or otherwise update these Terms at any time by updating this web page. You are bound by any modification or revision and should therefore check this page periodically to review the Terms. If you do not accept any of the Terms stated here, please do not use the Web Site or its services. The Company retains the right to deny access to parts or the entire Web Site without notice or liability to anyone at its complete discretion for any reason.
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Because you have acknowledged that, at its sole discretion and for any reason, the Company may edit, refuse to post, or to delete any Content that you post, in whole or in part, and may terminate or suspend your access to all or part of the Web Site, that you have granted (or warranted that the owner of such rights has expressly granted) to the Company a royalty-free, nonexclusive, perpetual, and irrevocable right and license to use, reproduce, modify, publish, and distribute any Content that you post or incorporate such Content into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Content, you hereby agree that if you unsuccessfully prosecute a claim against the Company and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse, to post, or to delete any Content that you post, to terminate or suspend your access to all or part of the Web Site, to use its royalty-free, nonexclusive, perpetual, and irrevocable right and license to use, reproduce, modify, publish, and distribute any Content that you post, or seek to recover for violation of your moral rights, you agree to reimburse the Company and/or the Indemnified Parties for all costs of defending any such claim, including, but not limited to, any legal or other professional fees.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY THIRD PARTY MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSES OF ANY KIND OR CHARACTER) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOTE THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Web Site is controlled and operated by the Company from its headquarters in New York City, New York, United States of America. The Company makes no representation that the Web Site and the Materials are appropriate for any particular purpose or audience or that they may be downloaded for use in other locations. Those who choose to access the Web 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.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern.
You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with any other terms, conditions, or policies set forth elsewhere in the Web Site, constitute the entire agreement between you and the Company in connection with your access and use of the Web Site and its services.
The Company may, in its sole discretion, terminate, or suspend your access to all or part of the Web Site for any reason, including, without limitation, failure to comply with any of these Terms. Upon termination, you must destroy all materials obtained from the Web Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use the Web Site, and the restrictions imposed on you with respect to materials downloaded from the Web Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.