This Agreement ("Agreement") is made and entered into between ElectroPuppy ("ElectroPuppy", "ElectroPuppy.com" "we", "our" or "us"), and you ("you" or your"), and is effective as of the date you sign up and click that you have understood and accepted the following (the "Effective Date"):
1.) You must be at least eighteen (18) years old to use this service and accept this agreement.
2.) You agree that by checking the box labelled 'I agree to the terms and conditions' during the account sign-up process you are acknowledging that you have read and accept this Agreement.
3.) You agree to provide us with accurate and truthful information including a postal address and a valid e-mail address. You also agree that we can send you information to either of those addresses in case of problems with your order or to notify you of new services or changes to these terms and conditions. If the person signing this Agreement is a member of a group of artists, that person understands and agrees that the undertakings, representations, warranties and indemnities under this Agreement are made on behalf of each member of the group of artists, and that you are authorized to enter into this Agreement on behalf of such group of artists. If you accept this Agreement, you represent and warrant to Electropuppy that you have obtained any and all consents, permissions or other approvals of the other members of such group of artists and they have authorized you to enter into this Agreement on their behalf and to fulfill all of the obligations in the Agreement in the name(s) of each member of such group of artists.
4.) During the sign up process we allow you to create a profile to include text about yourself and one (1) picture. You may edit this information as many times as you like, however uploading a new picture will delete the older one.
5.) You may upload up to 100Mb of digital content per transaction such as MP3's, JPEG's, PDF's, FLAC's and other file formats either not mentioned or not yet invented. Each individual file may be no bigger than 10Mb in size unless previously agreed by us. If you require files to be bigger than 10Mb in size please contact us at admin@electropuppy.com for special upload information. We agree to store these files on our servers whilst the account is active, previously ordered cards or codes related to the file are unredeemed and for a period of 28 days after the last card or code has been redeemed. After this time, the files may be deleted.
6.)YOU MUST NOT CURRENTLY BE BOUND BY AN EXCLUSIVE AGREEMENT WITH ANY COMPANY, INCLUDING A RECORD OR PUBLISHING COMPANY, THAT WOULD PROHIBIT OR LIMIT YOUR ABILITY TO ENTER INTO THIS AGREEMENT AND YOU DO NOT REQUIRE THE PERMISSION OF ANY OTHER PARTY TO ENTER INTO THIS AGREEMENT. You shall provide us with immediate Notice if you enter into an exclusive agreement with any company or for the distribution of the uploaded Material.
7.) You agree that the content of all files you upload to our servers is either owned by you, you have WRITTEN permission from the copyright holder to use them or can produce a 'compulsory licence'. We reserve the right to inspect all and any files uploaded to our servers for the purposes of copyright infringement. We will remove any content that infringes copyright in any way and reserve the right to make your details known to the copyright owner. This includes cover songs, samples, excerpts, recordings, lyrics, rhythms, melodies, photographs, images, graphics, text and videos. We may also terminate your account without notice or refund. WE WILL NOT TOLERATE COPYRIGHT THEFT IN ANY WAY.
8.) You will be solely responsible for payment of all and any royalties and will indemnify Electropuppy and hold Electropuppy harmless against any and all losses, damages costs (including reasonable legal fees and court costs) or claims made by any parties resulting from the Use hereunder. You are responsible to make these payments, if any, at all times.
9.) Non- Exclusive License.
9.1 For the purpose of promoting your Artist Materials and in order to provide the Services under this Agreement you hereby authorize and grant Electropuppy the non-exclusive right and license throughout the Territory to do the following (the "Use"):
9.2 Copy and store Artist Material on one or more servers, or cause Electropuppy's agents to do the same, for the purpose of offering Digital Audio Transmissions, Digital Phonorecord Deliveries, texts and photographic material and otherwise reproduce, deliver, publish, duplicate, perform (publicly and privately), and display (publicly and privately) Artist Material via the Electropuppy Website ("Electronic Distribution"), and encode and transcode Artist Material into any format, any platform, any technology and any bit rate, all as presently known or to be developed or invented;
9.3 Use, reproduce, deliver, publish, duplicate, perform (publicly and privately), and display (publicly and privately) Artist Material and to use your name and likeness, voice, biographical material, logos, trademarks, photographs, symbols, emblems, designs, and any other visual representation of you, and any other individuals performing or otherwise represented in the Artist Material, or cause to do the same, for the purpose of promoting, marketing and/or advertising you, the Artist Material, Electropuppy or the Electropuppy Website.
10.) You agree to purchase download access codes from us at the prices shown on the website www.electropuppy.com. We offer these codes on pre printed cards for which you agree to pay the postage and packing or via electronic means, usually email. Postage and packing will be charged at cost and will vary on where you live and the method chosen to send the cards to you. We will notify you via the email address you have given us during the sign up process or by posting updated information on the electropuppy website if these prices change.
11.) On delivery of the access codes (either by post or electronically) you are responsible for their safekeeping and security. You understand that each code may only be used once. Electropuppy log all downloads and will not enter into any disputes relating to access codes being duplicated and attempts at multiple usage. You agree that the first use of any code by any person is the legitimate owner of that code.
12.) Indemnification and Disclaimer.
12.1 You shall indemnify, hold harmless and defend Electropuppy and its employees, officers, directors and agents from any and all costs, liabilities, losses, damages and expenses arising out of any claims, actions, suits or proceedings of any kind from any third party claim relating to: (i) a breach of your warranties and/or duties under this Agreement, (ii) any claim for royalties and/or infringement of copyright, trademark, patent or other intellectual property rights, (iii) any third party claim arising out of your conduct or representations under this Agreement, (iv) damage to real or tangible personal property caused by the negligence or willful misconduct of you, (v) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (vi) spamming, or any other offensive, harassing or illegal conduct or violation of the Website Terms of Use and any other Electropuppy policy posted on the Electropuppy Website, and (vii) any other damage arising from this Agreement or your use of the Electropuppy Website and Electropuppy cards and access codes. Further in the event that a third party infringement claim is brought, Electropuppy shall have no obligation hereunder to defend or protect your actual or alleged interest in copyrights, trademarks or other property.
12.2 Electropuppy represents that it maintains agreements with carriers for Internet connectivity at all times during the Term. Electropuppy does not and cannot control connectivity, or the flow of data to or from Electropuppy's equipment and facilities or other portions of the Internet. Such connectivity depends in large part on the performance of Internet or access services provided or controlled by third parties. At times, actions or inactions caused by these or other third parties can produce situations in which your connections to the Internet (or portions thereof) may be impaired, interrupted or disrupted. Although Electropuppy will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Electropuppy cannot guarantee that they will not occur. Accordingly, Electropuppy shall not be liable for such events.
12.3 You acknowledges and agree that Electropuppy exercises no control over, and accepts no responsibility for, the content of the information passing through the Electropuppy Website or the Internet. You assume responsibility for your use of the Services or software provided by Electropuppy, if any, and the Internet. You understand and agree further that the Internet contains materials some of which are socially inappropriate or may be offensive, and is accessible by persons who may attempt to breach the security of the Electropuppy Website, your Artist Account and/or the Artist Material. Electropuppy has no control over and expressly disclaims any liability or responsibility whatsoever for such materials or actions. The Electropuppy Website and Services are provided "as is" and you use and access the Services at your own risk. Electropuppy is not liable for the content of any data transferred either to or from you or stored by you or any customer via the Services provided by Electropuppy.
12.4 You shall remain solely and exclusively responsible for the control, operation and security of your transactions and communications made through your Artist Account and the Electropuppy Website, including, but not limited to, your posting of personal information and unencrypted content. You agree that (i) Electropuppy is not responsible for the control, operation and security of your transactions and communications, and (ii) the Internet is not a secure medium, may be inherently unreliable and subject to interruptions or disruptions and may be subject to inadvertent or deliberate breaches of your security.
12.5 Electropuppy is not responsible for any incorrect or inaccurate content, links or other information posted on the Electropuppy Website, whether caused by you, users of the Electropuppy Website or by any of the equipment or programming associated with or utilized in the Electropuppy Website and Services.
13.) Electropuppy will not be liable for any damages of any kind arising out of or relating to the use or the inability to use your Artist Account, the Electropuppy Website, the related content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, loss of Artist Material, loss of use of Artist Material, LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, defects, delay in operation or transmission, computer virus, line failure, and all other direct indirect, consequential, special, incidental, punitive, exemplary or consequential damages even if Electropuppy has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, Electropuppy's total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of your Artist Account and/or the Electropuppy Website, the related content or links, shall not exceed the amount you paid FOR THE SERVICES.
14.) Miscellaneous.
14.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions.
14.2 The relationship between Electropuppy and you is that of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties or to allow either party to bind the other or incur any obligation on its behalf.
14.3 You represent and agree that you have read this Agreement, understand its terms and understand that you have the right to consult counsel of choice to assist in your review of this Agreement and you have either done so or knowingly waived the right to do so.
14.4 Electropuppy may freely assign this Agreement without your prior consent and all of Electropuppy's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. You may not assign this agreement without the prior written consent of Electropuppy, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
14.5 This Agreement, together with the Website Terms of Use, the Privacy Policy and any other legal notices published by Electropuppy on the Electropuppy Website, supersedes any prior or contemporaneous agreement or understanding, whether written or oral, and any other communication between you and Electropuppy relating to the subject matter of this Agreement and constitutes the entire agreement between you and Electropuppy. Electropuppy reserves the right to amend, modify or change the terms of this Agreement at any time by providing notice in your Artist Account, or via email to the address you supplied during sign up and it is your responsibility to review these terms for any changes.
14.6 Electropuppy will not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, earthquake, or other acts of God, strike or other labour disturbance, cable cuts, interruption of or delay in transportation, unavailability of or interruption or delay in power supply, telecommunications or third party services, failure of third party software or hardware, inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services ("Force Majeure").
14.7 The headings that are made in this Agreement are provided for the purpose of convenience only and shall not be construed in interpreting the provisions contained in this Agreement.
TERMS AND CONDITIONS FOR PURCHASERS .
This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately, or if for any reason you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Site.
The material provided on this Site is protected by law, including, but not limited to, United Kingdom copyright law and international treaties. Please read this Agreement carefully as it governs your use of the Services and this Site. If you have any questions regarding this Agreement, or any agreement or document herein incorporated, please contact Electropuppy at legal@electropuppy.com.
This Agreement applies to your access to, and browsing and/or use of, this Site and the Services and does not alter in any way the terms and conditions of any other agreement you may have with Electropuppy for products, software, services or otherwise, unless otherwise directed by Electropuppy.
1. Electropuppy provides bands, artists, authors and the like ("sellers, seller") with unique download access codes for the purposes of selling digital material at their shows and appearances or anywhere they see fit. Each individual access code is made available for your exclusive use by the seller either for payment or free of charge. Electropuppy has no control on the prices charged by the seller. We are not liable for any harm caused or related to the theft or misappropriation of access codes once they have been received by the seller. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) any access code assigned to you by the seller.
2. Website Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Site (collectively, the "Content"), are the sole responsibility of the person from whom such Content originated. You understand that Electropuppy does not control, and is not responsible for Content made available through this Site, and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Electropuppy be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via this Site. Content types (including genres, sub-genres and the like) and descriptions are provided for convenience, and you acknowledge and agree that Electropuppy does not guarantee their accuracy.
4. System Requirements. Use of the Services requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Site or the Services involves hardware, software, and Internet access, your ability to use the Site or the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Site or the Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site or the Services.
5. Intellectual Property. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files, including without limitation, the selection, sequence, 'look and feel' and arrangement thereof (the "Materials") are copyrighted Materials, ALL RIGHTS RESERVED. THE USE OF THE MATERIALS OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT
Electropuppy, the Electropuppy logo, and other Electropuppy trademarks, service marks, graphics, and logos used in connection with the Services may not be reproduced without written permission. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners (the "Third Party Marks"). The terms "Electropuppy Marks" and "Third Party Marks" are collectively referred to as the "Marks". In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of Electropuppy or the owner of the Mark(s) at issue. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Marks used or displayed on the Site, without the express written permission of Electropuppy or the owner of the Mark(s) at issue. The misuse of the Marks displayed on this Site is strictly prohibited. The term "Materials" includes "Marks" as well.
This Site, the Materials, the Marks, the Services, including, without limitation, any of Electropuppy's or its licensor's Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of Electropuppy, its suppliers or other third parties.
Any Materials that are made available to download from this Site are the copyrighted work of Electropuppy and/or its or suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.
6. Rules of Conduct. You acknowledge and agree that your use of the Services and Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your usage. You acknowledge and agree that you do not acquire any ownership rights by using the Site, the Services, the Marks or the Materials. You shall not, allow, or enable others to: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use, or otherwise, without the prior written approval of Electropuppy, (c) "frame" or "mirror" any Materials contained on this Site on any other server without the prior written permission from Electropuppy, (d) permit other individuals or companies to use the Services and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this Site, Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, (g) delete or write over any portion of any software relating in any manner to the Site or the Services, (h) provide, post, upload, input or submit libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, (i) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing", (j) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or (k) forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason. You also agree that you shall only use this Site, the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that your use of this Site, the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of this Site and the Services shall not violate or infringe the rights of any third party. Any forbidden use shall immediately and automatically terminate your license to use the Services and the Materials without notice. Any unauthorized use of the Services, the Marks and/or the Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Electropuppy reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
7. Monitoring the Site. Electropuppy has the right, but not the obligation, to monitor this Site. Electropuppy reserves the right, but not the obligation, to refuse to post or to remove any Content, or any information or materials from any portion of this Site, in whole or in part, that, in Electropuppy's sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement. You acknowledge that Electropuppy may establish general practices and limits concerning use of this Site, including without limitation, limiting the maximum number of days that uploaded Content will be retained by this Site, the maximum disk space that will be allotted on Electropuppy servers, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) you may access this Site in a given period of time. You agree that Electropuppy has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over this Site, or (d) other Content maintained or transmitted by this Site. Please remember that this Site is merely provided for users to upload, use and exchange Content. Electropuppy is not responsible for any user's Content that may appear on this Site; nor is Electropuppy responsible for or involved in reviewing, editing, or removing any Content on this Site. Electropuppy also does not have any control over and does not guarantee the quality, applicability or accuracy of any Content. Electropuppy does not assume any liability associated with a user's use of the Services, the Materials, or this Site, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any Content. Please make sure that the Content you provide conforms to all applicable intellectual property right laws.
8. Hyperlinks. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, Electropuppy, or any of Electropuppy's subsidiaries, affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. Electropuppy does not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, whether the Site's or Electropuppy's logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.
9. Agreement to Pay. Payment(if any) to the band or artist authorizes you to use the access code supplied to download the content assigned to the access code. Each access code is designed to be used ONCE ONLY and will become invalid after it's first use on the website.
10. Electronic Signatures and Contracts. Your use of the Services includes the ability to enter into agreements. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
11. Delivery of Products. Any products, merchandise, or goods that are purchased from this Site are made according to a shipment contract whereby risk of loss and title for such products, merchandise, or goods is passed to you upon delivery by Electropuppy (or any agent, subcontractor, or other third party working on behalf of Electropuppy) to its carrier. While Electropuppy and its affiliates strive to be as accurate as possible, Electropuppy and its affiliates do not warrant that product descriptions or other related content are accurate, complete, reliable, current, or error-free.
12. Electropuppy Cards. Electropuppy Cards, regardless of where purchased or acquired, are for purchases on the Site only. The term "Electropuppy Cards" means customizable cards (physical and online) that provide you with download access to content stored on the Site. Electropuppy Cards may not be redeemed for cash.
13. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Electropuppy is done so at your own risk.
14. Termination. Electropuppy may terminate your use of the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
15. DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL SERVICES, MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Content and Materials associated with your use of the Site.
IN NO CASE SHALL ELECTROPUPPY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. 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, ELECTROPUPPY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.
16. Indemnification and Release. By using the Services you agree to indemnify, defend and hold the Site, Electropuppy, or Electropuppy's subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any Content or materials you submit or transmit to this Site, or to other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Site and any Services. In addition, if you have a dispute with one or more users, you agree to release Electropuppy (and its officers, directors, agents, assigns, and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in connection with, any such disputes.
Electropuppy reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Electropuppy in the defense of any such claim, action, settlement or compromise negotiations, as requested by Electropuppy.
17. Privacy. We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.
18. Advertising. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
19. Contests, Sweepstakes, Auctions and Promotions. From time to time, Electropuppy, or the Site's operational service providers, suppliers, and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
22. Force Majeure. Electropuppy shall not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.
23. Notices. All Notices permitted or required under this Agreement shall be in writing and shall be delivered as follows (i) by email, (ii) by U.K. Mail, or (iii) by a posting on the Site. Notices shall become effective immediately.
24. Modification. Electropuppy may revise this Agreement at any time without notice by updating this posting. By accessing, browsing and/or otherwise using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. Any new Materials, Content, Services or features on this Site shall be subject to this Agreement.
25. Assignment. Electropuppy may freely assign this Agreement without your prior consent and all of Electropuppy's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. You may not assign this agreement without the prior written consent of Electropuppy, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns
26. General. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter. You may be subject to additional terms and conditions that may apply when you use affiliated services or third-party content. By agreeing to the terms set forth in this Agreement, you agree to waive any right you may have to a jury trial and/or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. There are no third party beneficiaries to this Agreement. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions. The failure of Electropuppy to require performance of you of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Electropuppy of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
The current version of this Agreement is dated April 8th, 2009 and is effective immediately.