Famous Outfits Website Terms of Use


AFFILIATE PROGRAM

Famous Outfits is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.


1. READ THIS:

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Famous Outfits (“FO”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER FO SOFTWARE, SERVICES, WEBSITES OR ANY OF FO LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

FO RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN FO’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.

No implication is made that the materials published on FO’s website(s) are appropriate for use outside of the United States. If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.


2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If FO believes the information you provide is not correct, current, or complete, FO has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.


3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of FO’s website(s), you warrant to FO that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of FO. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with FO to prevent or remedy any unauthorized use. In addition, you may not use FO’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).


4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

FO’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without FO’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to FO’s website(s), unless expressly permitted by these terms.


5. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by FO (the “Content”) is the proprietary information of FO or the party that provided or licensed the Content to FO whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of FO, except that you may print out a copy of the Content solely for your personal use, and you may re-post a single image and up to one hundred (100) words of text from any article if such posting provides a right of attribution to Famous Outfits, and promotes the article on other websites, including social media sites. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates FO’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.


6. LINKS TO THIRD-PARTY WEBSITES

This site may link to other sites which are not maintained by, or related to, FO. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or FO. FO has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and FO makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. FO provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by FO of that site or any association with its operators.


7. USE OF COMMUNICATION SERVICES

FO’s websites may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using FO’s Communication Services.

When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

    1. You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
    2. Advocates illegal activity or discusses an intent to commit an illegal act;
    3. Is vulgar, obscene, pornographic, or indecent;
    4. Does not pertain directly to this site;
    5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
    6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
      Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
    7. Violates any law or may be considered to violate any law;
    8. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    9. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
    10. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
    11. Solicits funds, advertisers or sponsors;
    12. Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

  • Includes MP3 format files;
  • Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
  • Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
  • Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

 

FO reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. FO reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. FO also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither FO nor any third party that provides Content to FO will assume or have any liability for any action or inaction by FO or such third party with respect to any submission. FO cautions you against giving out any personally identifying information about yourself in any Communication Service. FO does not control or endorse the content, messages or information found in any Communication Service and, consequently, FO specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FO spokespersons, and their views do not necessarily reflect those of FO.


8. SUBMISSIONS

Unless you and FO enter into a separate written contract for use of your Content that states otherwise, you hereby grant to FO the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to FO through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. FO will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future FO operations.

FO will treat any personal information that you submit through this site in accordance with its Privacy Policy


9. DISCLAIMER

You understand that FO cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. FO does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by FO.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FO DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FO MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. FO MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and FO does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.


10. LIMITATION ON LIABILITY

FO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


11. TERMINATION OR RESTRICTION OF ACCESS

FO reserves the right, in its sole discretion, to terminate your access to any or all of FO’s websites and the related services or any portion thereof at any time, without notice.


12. INDEMNITY

You will indemnify and hold FO, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.


13. TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation FAMOUS OUTFITS and/or its distinctive logo. All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of FO, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FO. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of FO. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

All contents of FO’s websites are: Copyright © FAMOUS OUTFITS. All rights reserved.


14. COPYRIGHT INFRINGEMENT

Notice and Takedown Procedure

FO expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide FO with a notice that contains all six points enumerated below.

Upon receipt of a valid notice, FO will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Be aware that a notice must contain all six points for FO to take action. All other notices will be ignored.


Famous Outfits can be contacted at:

hello@famousoutfits.com


Counter-Notification Procedure

The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with FO please provide FO’s Designated Agent (listed above) with the following information (preferably via email):

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, and telephone number;
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]“;
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

Upon receipt of a counter-notification containing all six points, FO will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that FO will replace the removed material or cease disabling access to it in 10 business days.

Finally, if FO’s Designated Agent receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then FO will once again remove the file from its system.


Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, FO will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.


Accommodation of Standard Technical Measures.

It is FO’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that FO determines are reasonable under the circumstances.


15. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). FO will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that FO considers insecure, FO will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FO reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. FO reserves the right to investigate suspected violations of these Terms of Use.

FO reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction FO to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FO OR LAW ENFORCEMENT AUTHORITIES.


16. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and FO arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Santa Clara County, California.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FO as a result of this agreement or use of FO’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and FO with respect to FO’s websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

FO may revise these Terms of Use at any time by updating this posting.


FAMOUS OUTFITS GIVEAWAY TERMS & CONDITIONS

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. THIS GIVEAWAY IS VOID WHERE PROHIBITED BY LAW.

1. HOW TO ENTER: For a chance to win you must submit your valid email address and a comment that includes an outfit of your choosing from Combatant Gentlemen for entry at https://famousoutfits.com/combat-gent-1k-giveaway/ by 12:00 a.m. (midnight) PT Tuesday, October 7, 2014. Well Suited Design, (“Sponsor”), purveyor of the giveaway, “Combatant Gentleman 1k Giveaway” (“Program”), will randomly select the email address of one (1) winner by 12:00 p.m. (noon) PT on Thursday, October 9, 2014. The winner will be posted at https://famousoutfits.com/combat-gent-1k-giveaway/. If you are selected and meet the eligibility requirements set forth herein, the Prize will be delivered to the name and email address that you provide after being notified of your winning status within.

2. ELIGIBILITY: Only one entry per email address. Entrants must be sixteen (16) years of age or older and be a legal resident of one (1) of the fifty (50) United States or the District of Columbia (“DC”). Giveaway is not open to any individual if they or their parent, or sibling, or any member of their household is an employee, officer, or director of Well Suited Design, Famous Outfits, or any of their respective agencies, affiliates, parent companies, or subsidiaries (collectively the “Sponsor Parties”.)

The Sponsor reserves the right to require proof of eligibility and to conduct a background check on entrants, if applicable.

Entries that are incomplete, illegible, fraudulent, or corrupted are void and will not be accepted.

3. PRIVACY: By entering, each entrant agrees to this web site’s Terms of Use, Privacy Policy, and the rules stated herein. Please refer to Sponsor’s privacy policies for important information about the collection, use, and disclosure of personal information by Sponsors. Sponsor Parties are not responsible for disclosures made by any third party. Sponsors use reasonable commercial efforts to comply with Federal CAN-SPAM law and entrants may subsequently opt-out of receiving further emails by following opt-out instructions contained in Sponsor’s privacy policies. Entrants’ personal information will not be provided to any third parties, other than as provided for in the Official rules or in accordance with Sponsor’s respective privacy policies.

4. WINNERS/PRIZE: Unless expressly indicated on the Web Site, one (1) Prize will be awarded for the Program. Winners are not entitled to exchange or transfer prizes, or to obtain cash or other substitutes, but Sponsor Parties, in their sole discretion, may substitute prizes of equivalent or greater value. Sponsor may require winner to sign an affidavit of eligibility and liability/publicity release (as more fully discussed below). All expenses not specified herein, including, without limitation, all federal, state and local taxes, are each winner’s sole responsibility.

5. LIST OF WINNERS: To obtain a winner’s list for a specific Giveaway, please email hello@famousoutfits.com. Be sure to include the name of the giveaway, date the giveaway began, and the nature of your inquiry with your request.

6. DISCLAIMER/OTHER REQUIREMENTS: Except where prohibited by law, entry into the Giveaway constitutes entrant’s agreement to be bound by these official rules and the decisions of Sponsor and consent for Sponsor Parties to use and/or publish entrant’s name, voice, picture, likeness, and biographical data and/or any other information contained in the entry in advertising, promotional, and marketing materials without additional compensation, which may require, without limitation, disclosure of such information in print, television, radio, cable, and/or Internet broadcast. In addition, by entering, all entrants, except where prohibited by law, consent to being photographed, filmed, taped, and/or interviewed about the Giveaway. In connection therewith, all entrants grant full permission and consent to Sponsor and the Sponsor Affiliates to utilize any of the results of such photographing, filming, taping, and/or interviewing in any and all media now known or hereafter devised and hereby release Sponsor and the Sponsor Affiliates from all liability related thereto. Winners may be required to sign, have notarized, and return an affidavit of eligibility and liability/publicity release within five (5) days of receipt of such document(s) or Prize will be forfeited. All Prize claims and winner materials will be verified by Giveaway judges. If this Giveaway is not capable of running as planned, including, because of any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, or other cause beyond Sponsor’s control which corrupts or threatens to corrupt or adversely affects the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right, in its sole discretion, to cancel, suspend and/or modify this Giveaway and Sponsor can perform the random drawing from among all eligible entries received prior to such cancellation, suspension, or modification of the Giveaway.

7. LIMITATION ON LIABILITY: By participating in the Giveaway, entrants and winner agree to release Sponsor Parties and their respective companies, affiliates, subsidiaries, agents, officers, and directors from any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to persons and property which may be sustained in connection with entry into the Giveaway or the receipt, ownership, or use of any Prize or while traveling to and from a location to obtain or use any Prize. Neither Sponsor nor the Sponsor Parties make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any Prize including, without limitation, quality, merchantability, or fitness for a particular purpose. Neither Sponsor nor the Sponsor Parties are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by Sponsor or the Sponsor Affiliates, the user, or by any of the equipment or programming associated with, or utilized in this Giveaway, or by any human error which may occur in the processing of the entries in this Giveaway and which may limit a participant’s ability to participate in this Giveaway. Sponsor can modify these official rules in any way or at any time as long as Sponsor gives reasonable notice. The Giveaway shall be governed by, construed and enforced in accordance with the laws of the State of California. Submission of an entry is acknowledgment of and agreement to be bound by all terms and conditions of these official rules. In the event of a dispute concerning who submitted an e-mail entry, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.