OFFICIAL RULES FOR FITIVERSE APPLE WATCH GIVEAWAY SWEEPSTAKES - MAY 12 EVENT
Fitiverse Apple Watch Giveaway Sweepstakes
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. SUBJECT TO APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
2. Eligibility. Subject to the additional restrictions below, the “Fitiverse Apple Watch Giveaway Sweepstakes” (the “Sweepstakes”) is open to legal U.S. residents (excluding Puerto Rico) who are 18 years or older at the time of entry. Employees and contractors of Fitiverse (“Sponsor”), Golden Triangle BID, Apple, and each of their respective affiliated companies, and advertising and promotional agencies, and the immediate family members of, and any persons domiciled with, any such employees or contractors, are not eligible to enter or to win.
3. How To Enter. The Sweepstakes will begin at 12:01 a.m. (E.T.) on April 27, 2015 and end at 5:30 p.m. (E.T.) on May 12, 2015 (the “Sweepstakes Period”).
Enter by visiting the Sponsor’s website (http://www.fitiverse.com) and:
*Maximum 5 tickets can be earned per person. Winners must have a complete fitness profile with a profile pic to be eligible AND be present at the drawing on May 12 to claim the prizes.
Be sure to verify your name and account at the Fitiverse booth to pick up the raffle tickets you've earned before 5:30pm, when the class begins. Winners will be chosen and announced after the featured workout ends around 6:30pm.
Multiple entrants are not permitted to share the same email address. The authorized account holder of the e-mail address submitted at time of entry will be considered the entrant. An “authorized account holder” shall mean the natural person assigned to such e-mail account by the Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account. A potential winner may be requested to provide proof that he or she is the authorized account holder of the e-mail address associated with a winning entry and that the email account is valid. Sponsor will not be responsible for incomplete, lost, late, or misdirected raffle ticket entries. All entries become property of Sponsor and none will be returned. By entering, you agree to the terms of these Official Rules and to receive e-mails from Sponsor or those directed by Sponsor. You can opt-out of the receipt of such e-mails by following the directions on the Sponsor’s website or in any email received from Sponsor.
Entries limited to five (5) converted raffle ticket entries per person during the Sweepstakes Period. Entries must be received by 5:30 p.m. (E.T.) on May 12, 2015.
4. Winner Selection. Winners will be selected in a random drawing from among all entries converted into raffle tickets at the May 12, 2015 event in Farragut Square Park in Washington D.C.
5. Prizes and Odds. One (1) winner will receive one (1) Apple Watch Sport (Retail Value: $350.00 each). Total value of additional prizes: $150.00.
Odds of winning depend on the number of eligible entries received and entered into the raffle.
6. Winner Notification and Acceptance. Winners will be selected on May 12, 2015 at the conclusion of the workout event. Sponsor will announce the winners’ names at that time. Failure to be present at the announcement and to come forward after two (2) calls for the winner to come forward will result in forfeiture of that winner’s interest in the prize and selection of a substitute winner from among all remaining eligible entries. To claim prize, each winner must present him/herself in-person at the Sponsor’s booth at Farragut Square Park (Connecticut & K Streets, NW DC) on Tuesday, May 12, 2015 at 6:30 p.m. (E.T.). Winner may waive their right to receive prizes. Prizes are nonassignable and nontransferable. Prizes are not redeemable for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value. Winners are solely responsible for reporting and payment of any taxes on prizes. Except where prohibited, acceptance of any prize constitutes winner’s consent to the publication of his or her name, biographical information and likeness in any media for any commercial or promotional purpose, without limitation the Internet, or further compensation. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.
7. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Sponsors will not be responsible for incomplete, lost, late, postage-due, misdirected or illegible entries, or for failure to receive entries or votes or other electronic communications due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. By participating in this Sweepstakes, each entrant agrees to fully release, forever discharge and hold harmless Sponsor, Golden Triangle BID, and Apple from and against all claims, costs, liabilities, losses, injuries, and damages arising out of the Sweepstakes, including, but not limited to, any claims for personal injury, death or damage to or loss of property or any other harm arising out of entrant’s participation in the Sweepstakes, the receipt, use, or misuse of any prize, or any travel or activity that is related to the Sweepstakes or any prize. Sponsor is not responsible for the operation of the Apple Watch including closings, schedule changes, expirations, cancellations, taxes or fees.
8. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
9. Sponsor. The “Fitiverse Apple Watch Giveaway Sweepstakes” is sponsored by Fitiverse (Brent Brothers Holdings). The decisions of Sponsor regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes. For a copy of these Official Rules send a self-addressed, stamped envelope to “Official Rules” (as applicable), “Fitiverse Apple Watch Giveaway Sweepstakes”, 10319 Westlake Drive #238 Bethesda, MD, 20817. If you have any questions regarding this Sweepstakes, please contact firstname.lastname@example.org.
GENERAL TERMS FOR FITIVERSE WEBSITE
THESE TERMS WERE LAST UPDATED ON 10/09/2014
PLEASE READ THESE TERMS OF SERVICE ("TERMS") AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, AND OBLIGATIONS.
FITIVERSE, AND/OR ITS AFFILIATES WELCOME YOU TO FITIVERSE.COM ("SITE"), WHICH ENCOMPASSES ALL WEB PAGES WITHIN THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU REGISTER AS A MEMBER OF THE SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THE SITE. BY CONTINUED USE OF THE SITE YOU AGREE TO THE REVISED TERMS. PLEASE REVIEW THESE TERMS PERIODICALLY, AS THEY ARE SUBJECT TO CHANGE.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SITE. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT ELIGIBLE TO USE THE SITE AND MUST NOT ATTEMPT TO REGISTER WITH THE SITE.
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3. ACCOUNT SECURITY. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR USERNAME AND PASSWORD THAT YOU ENTERED DURING THE REGISTRATION PROCESS. YOU ARE ALSO RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR MEMBER ACCOUNT. NOTIFY FITIVERSE PERSONNEL WITH ANY UNAUTHORIZED USAGE OF YOUR PROFILE OR ANY OTHER BREACHES IN SECURITY. FITIVERSE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ATTRIBUTED TO YOUR ACCOUNT BEING COMPROMISED. IN AN EFFORT TO REDUCE YOUR CHANCE OF AN ACCOUNT BREACH, USE EXTREME CAUTION WHEN ACCESSING YOUR FITIVERSE ACCOUNT ON SHARED COMPUTERS.
4. LIMITATIONS ON USE.
- A. COPYRIGHT. FITIVERSE GRANTS MEMBERS A LIMITED PERSONAL, NON-EXCLUSIVE AND NON-TRANSFERABLE RIGHT AND LICENSE TO ACCESS THE SITE. UNLESS OTHERWISE SPECIFIED IN WRITING, THE SITE IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE. THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT, DESIGN, SPONSORED FITIVERSE ACTIVITIES, AND ALL OTHER PROPRIETARY PROPERTY AVAILABLE THROUGH THE SITE, ARE THE SITE’S PROPERTY OR THE PROPERTY OF OUR LICENSORS AND ARE PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. YOU MAY NOT, DISTRIBUTE, COPY, REPRODUCE, DISPLAY, REPUBLISH, DOWNLOAD, OR TRANSMIT ANY MATERIAL ON THIS SITE FOR COMMERCIAL USE WITHOUT PRIOR WRITTEN APPROVAL OF FITIVERSE. ANY UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THIS SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND PUBLICITY AND COMMUNICATIONS REGULATIONS AND STATUTES.
B. TRADEMARKS. THE TRADEMARKS, SERVICE MARKS, TRADE NAMES, AND LOGOS (THE “TRADEMARKS”) USED AND DISPLAYED ON THIS SITE ARE REGISTERED AND UNREGISTERED TRADEMARKS OF FITIVERSE. IN ADDITION, ALL PAGE HEADERS, CUSTOM GRAPHICS, BUTTON ICONS, AND SCRIPTS ARE SERVICE MARKS, TRADEMARKS OF FITIVERSE, AND MAY NOT BE COPIED, IMITATED OR USED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN PERMISSION OF FITIVERSE. YOU ACKNOWLEDGE THAT THE TRADEMARKS USED AND DISPLAYED ON THIS SITE ARE AND SHALL REMAIN THE SOLE PROPERTY OF FITIVERE OR THE TRADEMARK OWNER. THE MISUSE OF THE TRADEMARKS DISPLAYED ON THIS SITE, OR ANY OTHER CONTENT ON THE SITE, IS STRICTLY PROHIBITED.
C. HYPERLINKS. YOU ARE GRANTED A LIMITED, NONEXCLUSIVE RIGHT TO CREATE A “HYPERTEXT” LINK TO THIS SITE PROVIDED THAT SUCH LINK IS TO THE ENTRY PAGE OF THIS SITE AND DOES NOT PORTRAY FITIVERSE OR ANY OF ITS PRODUCTS OR SERVICES IN A FALSE, MISLEADING, DEROGATORY, OR OTHERWISE DEFAMATORY MANNER. THIS LIMITED RIGHT MAY BE REVOKED AT ANY TIME FOR ANY REASON WHATSOEVER. YOU MAY NOT USE FRAMING TECHNIQUES TO ENCLOSE ANY FITIVERSE TRADEMARK, LOGO OR TRADE NAME OR OTHER PROPRIETARY INFORMATION INCLUDING THE IMAGES FOUND AT THE SITE, THE CONTENT OF ANY TEXT OR THE LAYOUT/DESIGN OF ANY PAGE OR ANY FORM CONTAINED ON A PAGE WITHOUT FITIVERSE’S EXPRESS WRITTEN CONSENT. LINKS TO THIRD PARTY SITES ON THIS SITE ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. IF YOU USE THESE LINKS, YOU WILL LEAVE THIS SITE. LINKS TO THIRD PARTY SITES ARE NOT REVIEWED BY FITIVERSE, AND WE ARE NOT RESPONSIBLE FOR ANY OF THESE SITES, THEIR CONTENT OR THEIR POLICIES, INCLUDING, WITHOUT LIMITATION, PRIVACY POLICIES OR LACK THEREOF. FITIVERSE DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT THIRD PARTY SITES OR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS OR MATERIALS FOUND THERE, OR ANY RESULTS THAT MAY BE OBTAINED FROM USING THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT FITIVERSE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH THIRD PARTY SITES.
D. DOWNLOADABLE MATERIALS. ANY SOFTWARE, INCLUDING CODES OR OTHER MATERIALS THAT ARE MADE AVAILABLE TO DOWNLOAD FROM THIS SITE, IS THE COPYRIGHTED WORK OF FITIVERSE AND/OR ITS SUPPLIERS AND AFFILIATES. IF YOU DOWNLOAD SOFTWARE FROM THIS SITE, USE OF THE SOFTWARE IS SUBJECT TO THE LICENSE TERMS IN THE SOFTWARE LICENSE AGREEMENT THAT ACCOMPANIES OR IS PROVIDED WITH THE SOFTWARE. YOU MAY NOT DOWNLOAD OR INSTALL THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THE TERMS OF THE APPLICABLE SOFTWARE LICENSE AGREEMENT. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS OTHERWISE PROVIDED FOR IN THE APPLICABLE SOFTWARE LICENSE AGREEMENT IN THE CASE OF SOFTWARE, OR THE EXPRESS WRITTEN CONSENT OF FITIVERSE IN THE CASE OF CODES OR OTHER DOWNLOADABLE MATERIALS.
5. USER GENERATED CONTENT. WE OFFER MEMBERS AND TRAINERS THE OPPORTUNITY TO COMMENT ON DISCUSSIONS, CREATE ACTIVITIES, AND OTHERWISE POST CONTENT ON OUR SITE. ANY AND ALL INFORMATION, DATA, TEXT, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES, TAGS, OR OTHER MATERIALS THAT MEMBERS AND TRAINERS SUBMIT IN CONNECTION WITH ANY OF THE FOREGOING ACTIVITIES IS REFERRED TO AS "USER GENERATED CONTENT." MEMBERS AND TRAINERS ARE ENTIRELY RESPONSIBLE FOR ALL USER GENERATED CONTENT THAT THEY UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SITE. BY POSTING USER GENERATED CONTENT ON OUR SITE, YOU AUTOMATICALLY GRANT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT, TO FITIVERSE, AN IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, FULLY PAID, WORLDWIDE LICENSE TO USE, COPY, PERFORM, DISPLAY, REPRODUCE, ADAPT, MODIFY AND DISTRIBUTE SUCH INFORMATION AND CONTENT AND TO PREPARE DERIVATIVE WORKS OF, OR INCORPORATE INTO OTHER WORKS, SUCH INFORMATION AND CONTENT, AND TO GRANT AND AUTHORIZE SUBLICENSES OF THE FOREGOING. YOU FURTHER REPRESENT AND WARRANT THAT POSTING AND USE OF YOUR USER GENERATED CONTENT WILL NOT INFRINGE OR VIOLATE THE RIGHTS OF ANY THIRD PARTY. WE RETAIN THE RIGHT (BUT NOT THE OBLIGATION) IN OUR SOLE DISCRETION TO PRE-SCREEN, REFUSE, OR REMOVE ANY USER GENERATED CONTENT. WITHOUT LIMITING THE FOREGOING, WE RETAIN THE RIGHT TO REMOVE ANY USER GENERATED CONTENT THAT VIOLATES THESE TERMS OR IS OTHERWISE OBJECTIONABLE.
6. TRAINERS. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A TRAINER ARE SOLELY ATTRIBUTABLE TO THE TRAINER- NOT FITIVERSE OR THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY A TRAINER ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. BEFORE YOU BEGIN ANY FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS PROGRAM IS RIGHT FOR YOUR HEALTH. FITIVERSE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE FITIVERSE TRAINERS. TO AID IN MEMBER TRAINER SELECTION, FITIVERSE WILL PROVIDE A TRAINER RAITING SYSYEM. IN NO EVENT SHALL FITIVERSE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A TRAINER OR COMMUNICATIONS OR MEETINGS BETWEEN TRAINERS AND MEMBERS OF OR ANY OTHER PERSONS YOU MEET THROUGH THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH TRAINERS, THIRD PARTIES AND OTHER MEMBERS, PARTICULARLY IF PARTICIPATING IN ACTIVITIES INITIATED ON FITIVERSE.
7. CONDUCT. YOU SHALL NOT POST, TRANSMIT, E-MAIL, RE-TRANSMIT OR STORE MATERIAL ON OR THROUGH ANY OF THE SERVICES PROVIDED BY FITIVERSE WHICH IS (I) IN VIOLATION OF ANY LOCAL, STATE, FEDERAL OR NON-UNITED STATES LAW OR REGULATION, (II) IS THREATENING, OBSCENE, INDECENT, DEFAMATORY OR THAT OTHERWISE COULD ADVERSELY AFFECT ANY INDIVIDUAL, GROUP OR ENTITY, (III) VIOLATES THE RIGHTS OF ANY PERSON, INCLUDING RIGHTS PROTECTED BY COPYRIGHT, TRADE SECRET, PATENT OR OTHER INTELLECTUAL PROPERTY OR SIMILAR LAWS OR REGULATIONS INCLUDING, BUT NOT LIMITED TO, THE INSTALLATION OR DISTRIBUTION OF PIRATED OR OTHER SOFTWARE PRODUCTS THAT ARE NOT APPROPRIATELY LICENSED FOR USE BY YOU. YOU SHALL BE RESPONSIBLE FOR DETERMINING WHAT LAWS OR REGULATIONS ARE APPLICABLE TO ITS USE OF FITIVERSE SERVICES. IN ADDITION, YOU MAY ONLY USE FITIVERSE SERVICES IN A MANNER THAT, IN FITIVERSE'S SOLE JUDGMENT, IS CONSISTENT WITH THE PURPOSES OF SUCH SERVICES. IF YOU ARE UNSURE OF WHETHER ANY CONTEMPLATED USE OR ACTION IS PERMITTED, PLEASE CONTACT FITIVERSE AT SUPPORT@FITIVERSE.COM. WE RESERVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES AND AT OUR DISCRETION, TO TERMINATE THE PRIVILEGES OF ANY ACCOUNT HOLDER WHO REPEATEDLY INFRINGES THE COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS. BY WAY OF EXAMPLE, AND NOT LIMITATION, THE FOLLOWING USES DESCRIBED BELOW OF FITIVERSE SERVICES ARE EXPRESSLY PROHIBITED:
- A. UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT ANY INFORMATION, DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES OR OTHER MATERIALS (COLLECTIVELY, “CONTENT”) THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE. PORNOGRAPHY AND PORNOGRAPHIC RELATED MERCHANDISING ARE PROHIBITED UNDER ALL SERVICES, INCLUDING PROVIDING LINKS TO PORNOGRAPHIC CONTENT ELSEWHERE;
B. HARM MINORS IN ANY WAY;
C. IMPERSONATE ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, FITIVERSE OFFICIAL, FORUM LEADER, GUIDE OR HOST, OR FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY;
D. FALSIFY ACCESS TO REGISTERED FITNESS ZONES;
E. FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY CONTENT TRANSMITTED THROUGH THE SERVICES OR DEVELOP RESTRICTED OR PASSWORD-ONLY ACCESS PAGES, OR HIDDEN PAGES OR IMAGES (THOSE NOT LINKED TO FROM ANOTHER ACCESSIBLE PAGE);
F. UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT ANY CONTENT THAT YOU DO NOT HAVE A RIGHT TO TRANSMIT UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS (SUCH AS INSIDE INFORMATION, PROPRIETARY AND CONFIDENTIAL INFORMATION LEARNED OR DISCLOSED AS PART OF EMPLOYMENT RELATIONSHIPS OR UNDER NONDISCLOSURE AGREEMENTS;
G. UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT ANY CONTENT THAT INFRINGES ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS OF ANY PARTY;
H. UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, "JUNK MAIL," "SPAM," "CHAIN LETTERS," "PYRAMID SCHEMES," OR ANY OTHER FORM OF SOLICITATION, EXCEPT IN THOSE AREAS OF THE SERVICES THAT ARE DESIGNATED FOR SUCH PURPOSE;
I. UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT ANY MATERIAL THAT CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT;
J. DISRUPT THE NORMAL FLOW OF DIALOGUE, CAUSE A SCREEN TO "SCROLL" FASTER THAN OTHER USERS OF THE SERVICES ARE ABLE TO TYPE, OR OTHERWISE ACT IN A MANNER THAT NEGATIVELY AFFECTS OTHER USERS' ABILITY TO ENGAGE IN REAL TIME EXCHANGES;
K. INTERFERE WITH OR DISRUPT THE SERVICES OR SERVERS OR NETWORKS CONNECTED TO THE SERVICES, OR DISOBEY ANY REQUIREMENTS, PROCEDURES, POLICIES OR REGULATIONS OF NETWORKS CONNECTED TO THE SERVICES;
L. INTENTIONALLY OR UNINTENTIONALLY VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, INCLUDING, BUT NOT LIMITED TO, REGULATIONS PROMULGATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION, ANY RULES OF ANY NATIONAL OR OTHER SECURITIES EXCHANGE, INCLUDING, WITHOUT LIMITATION, THE NEW YORK STOCK EXCHANGE, THE AMERICAN STOCK EXCHANGE OR THE NASDAQ, AND ANY REGULATIONS HAVING THE FORCE OF LAW;
M. “STALK" OR OTHERWISE HARASS ANOTHER;
N. PROMOTE OR PROVIDE INSTRUCTIONAL INFORMATION ABOUT ILLEGAL ACTIVITIES, PROMOTE PHYSICAL HARM OR INJURY AGAINST ANY GROUP OR INDIVIDUAL, OR PROMOTE ANY ACT OF CRUELTY TO ANIMALS. THIS MAY INCLUDE, BUT IS NOT LIMITED TO, PROVIDING INSTRUCTIONS ON HOW TO ASSEMBLE BOMBS, GRENADES AND OTHER WEAPONS, AND CREATING "CRUSH" SITES; AND
O. EFFECTING SECURITY BREACHES OR DISRUPTIONS OF INTERNET COMMUNICATION. SECURITY BREACHES INCLUDE, BUT ARE NOT LIMITED TO, ACCESSING DATA OF WHICH YOU ARE NOT AN INTENDED RECIPIENT OR LOGGING INTO A SERVER OR ACCOUNT THAT YOU ARE NOT EXPRESSLY AUTHORIZED TO ACCESS.
8. DISCLAIMERS OF WARRANTIES. THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FITIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. FITIVERSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. FITIVERSE DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. FITIVERSE DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL FITIVERSE, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, AND MEDICAL ASSISTANCE YOU ASSUME ALL COSTS THEREOF. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10. APPLICABLE LAWS & MISCELLANEOUS. IF ANY PROVISION(S) OF THIS AGREEMENT IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO LAW, THEN SUCH PROVISION(S) SHALL BE CONSTRUED, AS NEARLY AS POSSIBLE, TO REFLECT THE INTENTIONS OF THE PARTIES WITH THE OTHER PROVISIONS REMAINING IN FULL FORCE AND EFFECT. FITIVERSE’S FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION UNLESS ACKNOWLEDGED AND AGREED TO BY FITIVERSE IN WRITING. THE SECTION TITLES IN THIS AGREEMENT ARE SOLELY USED FOR THE CONVENIENCE OF THE PARTIES AND HAVE NO LEGAL OR CONTRACTUAL SIGNIFICANCE. THIS AGREEMENT MAY BE ASSIGNED IN WHOLE OR IN PART BY FITIVERSE. THIS AGREEMENT MAY NOT BE ASSIGNED IN ANY MANNER BY YOU WITHOUT THE EXPRESS, PRIOR WRITTEN PERMISSION OF FITIVERSE. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND NOTWITHSTANDING ANY CONFLICT OF LAW’S PROVISIONS. YOU IRREVOCABLY AND UNCONDITIONALLY (I) CONSENT TO SUBMIT TO THE JURISDICTION OF THE STATE OF MARYLAND AND FEDERAL GOVERNMENT FOR ANY LITIGATION OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, (II) AGREE NOT TO COMMENCE ANY LITIGATION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEPT IN THE MARYLAND COURTS, (III) AGREE NOT TO PLEAD OR CLAIM THAT SUCH LITIGATION BROUGHT THEREIN HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, AND (IV) AGREE THE MARYLAND COURTS REPRESENT THE EXCLUSIVE JURISDICTION FOR ALL DISPUTES RELATING TO THIS AGREEMENT.