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Trademarks, Copyrights & Restrictions
Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Diversion Amusements throughout the universe, and Diversion Amusements shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When visitors submit material to Diversion Amusements or the Web Sites, visitors agree that Diversion Amusements has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
Diversion Amusements is not responsible for any material posted on its Forums, including, but not limited to social media sites such as Facebook, Twitter, etc. Visitors shall not submit or otherwise publish through such Forums any content which:
a. libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening;
b. infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
c. violates any law;
d. advocates illegal activity;
e. advertises or otherwise solicits funds or is a solicitation for goods or services;
f. impersonates or misrepresents your association with any person or entity; or
g. conceals or misrepresents the origin thereof.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIVERSION AMUSEMENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIVERSION AMUSEMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THE WEB SITES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.
In some jurisdictions, Diversion Amusements is not permitted to limit liability, and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, Diversion Amusements maximum liability shall be limited to $100.00.
Waiver of Punitive Damage Claims & Class Actions
By this Agreement, you and Diversion Amusements both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Reservation of Rights
Diversion Amusements reserves all rights, including but not limited to any and all Intellectual Property, patents, trade secrets, and any other proprietary right that it may have in respect to the Web Sites, the content thereof, and goods and services that may be provided. By making services available to you, Diversion Amusements is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Web Sites or services or any and all Intellectual Property, patents, trade secrets and any other proprietary right that Diversion Amusements may have with respect to the Web Sites without Diversion Amusements prior written consent.
Notification of Infringement of Intellectual Property Rights
If you believe that your property has been used in any way that could be considered an infringement or a violation of any intellectual property rights, please contact Diversion Amusements at:
Diversion Amusements, LLC
Attn: Smith & Shapiro
3333 E. Serene Ave Suite 130
Henderson, NV 89074
Unless otherwise specified, the materials in the Web Sites are presented solely for the purpose of entertainment and promoting programs, services and other products available in the United States, its territories, possessions, and protectorates. The Web Sites are controlled and operated by Diversion Amusements from its offices within the State of Nevada, United States of America. Diversion Amusements makes no representation that materials in the Web Sites are appropriate or available for use in other locations. Those who choose to access the Web Sites 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. 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. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Diversion Amusements.