This agreement sets out the legally binding terms of your use of the web site located at www.10sballs.com (hereinafter referred to as the ‘Site’) or any other web sites owed by 10sBalls.com (hereinafter referred to as ‘10SBALLS’), and may be modified by 10SBALLS from time to time, such modifications to be effective upon posting of the modified agreement. By accessing or using the Site, you agree that you have read and understand this agreement and all of its contents, intend this agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the agreement periodically to be aware of such modifications, and your continued access and/or use of the Site shall be deemed your acceptance of the modified agreement.
2. Use of Site. By accessing and utilizing the Site, you agree that all text, graphics, codes, interactive features and/or other information and technology located on the Site will be used solely for 10SBALLS’s commercial use, and for other’s informational and educational purposes only. Commercial or unauthorized use of any text, graphic, code, interactive feature and/or all other information and technology located on the Site is strictly prohibited. Any act or engagement of conduct prohibited by law or any action that violates federal, state and/or local laws is strictly prohibited, nor may any text, graphics, codes, interactive features and/or other information and technology located on the Site be used to perform any action that will injure or harm others, promote any unlawful activities or violate Internet standards. You hereby agree (a) to obey all applicable local, state, national, and international laws and regulations in your use of the Site; (b) to be solely responsible for the contents of your transmissions through the Site; (c) to abide by all requirements, procedures, policies and regulations posted on the Site by 10SBALLS; (d) not to broadcast through the Site any unlawful, harassing, defamatory, libelous, bigoted, hateful, racially offensive, privacy invading, abusive, threatening, harmful, vulgar, or otherwise objectionable material of any kind; (e) not to mine the Site’s data for any purpose whatsoever. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. 10SBALLS will also comply with all court orders involving requests to release user information in any event of actual or attempted unauthorized use.
3. Use of Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Please be advised that the confidentiality of any communication or material transmitted to and from a web site over the Internet cannot be guaranteed. Accordingly, 10SBALLS is not responsible for the security of any information transmitted via the Internet, the accuracy of all information contributed to the Site by its users, or the consequences of any reliance on such information. You assume sole and complete risk for using the Site and must make your own determination as to these matters. In addition, 10SBALLS recommends 128-bit SSL encryption in order to maintain the highest encryption standards throughout the Site to best protect the security of the information you transmit on the Site. If your browser does not support 128-encryption, you may do so by upgrading your system.
4. Third Party Web Sites. 10SBALLS may post the advertisements and/or links to any third party web site on the Site or in any electronic mail communications. The acceptance by 10SBALLS of advertising is not intended as and does not constitute a recommendation, endorsement or approval by 10SBALLS in any manner. 10SBALLS shall not be liable for any loss or damage of any sort incurred as a result of any dealings with any advertiser(s) or as the result of the presence of such advertiser(s) on the website or as a result of any dealings between you and the advertiser(s). 10SBALLS makes no representations about any third party web site to which you may access through the Site. When accessing any third party web site, you agree to do so solely at your own risk and further agree that 10SBALLS is not responsible or liable for any loss or damage you may incur while utilizing and/or accessing said third party sites.
5. Communications/Data. 10SBALLS is not responsible for any loss of data during your use of the Site resulting from accidental or deliberate deletion, network or system outages, file corruption, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect failures, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or other natural disasters, strikes, labor problems, wars or governmental restrictions. As a result, you agree to release 10SBALLS from any claim of harm or damage resulting from said conditions and other causes that are beyond 10SBALLS’s control.
6. Modifications. 10SBALLS reserves the right to modify and/or discontinue the Site, whether temporarily or permanently, with or without notice to the users, and 10SBALLS shall not be liable to you or any third party for any such modification and/or discontinuance of the Site.
7. Software Downloads. Any software that is made available to download (hereinafter referred to as ‘Software’) from the Site is the proprietary and copyrighted work of 10SBALLS and/or its third party suppliers. Use of the Software is governed by the End User License Agreement, which accompanies or is included with the Software (hereinafter referred to as ‘License Agreement’).An end user’s license to use any Software is conditioned upon 10SBALLS’s acceptance of the end user’s purchase order and the end user’s review and agreement to and compliance with the License Agreement terms. 10SBALLS reserves the right to reject any purchase order or license for any reason in 10SBALLS’s sole discretion. 10SBALLS and/or its respective third party suppliers may make improvements and/or changes in the Software at any time without notice. 10SBALLS may cease offering the Software for download or discontinue the Site at any time without notice. 10SBALLS assumes no obligation with respect to supporting the Site or Software, except as expressly set forth in the License Agreement.
8. Disclaimer of Liability. 10SBALLS shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Site or with the delay or inability to use the Site, or for any information, products and services obtained through the Site, or otherwise arising out of the utilization of the Site, whether based in contract, tort, strict liability or otherwise, even if 10SBALLS has been advised of the possibility of said damages. Furthermore, 10SBALLS shall not be liable for any damages arising from the interruption, suspension or termination of the Site, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.
9. Disclaimer of Warranties. You expressly agree that use of the Site is at your sole risk. The Site is provided by 10SBALLS on an ‘as is’ and ‘as available’ basis. 10SBALLS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 10SBALLS makes no warranties that the Site will meet your requirements, that the Site will be uninterrupted, timely, secure or error-free, nor does 10SBALLS make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Site or that defects in the system and software will be corrected. Furthermore, 10SBALLS makes no warranty regarding any goods or services purchased and/or downloaded through the use of the Site or any third party links or any information obtained or transactions entered into through use of the Site. No advice or information, whether oral or written, obtained by you from 10SBALLS shall create a warranty not expressly stated herein.
10. Jurisdiction. If there is any dispute about or involving the Site provided by 10SBALLS, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of New York. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
11. Indemnification. You agree to indemnify and hold 10SBALLS, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the services in this agreement and/or arising from a breach of this agreement and/or any breach of your representations, obligations and warranties set forth above. 10SBALLS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of 10SBALLS.
12. Severability. If any term or provision of this agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provisions or part thereof shall be stricken from this agreement, and such provisions shall not affect the legality, enforceability or validity of the remainder of this agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
13. Entire Agreement. This agreement represents the entire agreement between you and 10SBALLS with respect to your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and 10SBALLS with respect to your use of the Site.