Your use of the SELFIE WITH A SOLDIER website, having a “home page” located at www.selfiewithasoldier.com (the “Website”), is expressly conditioned upon your acceptance of the following terms and conditions (collectively referred to herein as, the “Agreement”). By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.
This Website and each of its parts, excluding Third Party Content (as defined below), is the copyrighted property of [[SELFIE WITH A SOLDIER, LLC]] (“SWAS”) and/or its various third party merchants, customers, affiliates, providers and distributors. None of the content or data found on this Website may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of SWAS and/or its third party merchants, customers, affiliates, providers and distributors, as applicable. In addition, the trademarks, logos and service marks displayed on this Website (collectively, the "Trademarks") are registered or common law Trademarks of SWAS, its merchants, sponsors, customers, affiliates, providers, distributors, or various third parties. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of SWAS or such other party that may own the Trademarks.
You represent and warrant that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you and those using this Website on your behalf.
SWAS reserves the right to collect, maintain, and use information that your web browser provides to SWAS’s web server, including without limitation the website from which you linked to the Website, the identity of your Internet Service Provider, or the type of browser you are using. SWAS may use such information in an aggregated form, such as to measure the usefulness and popularity of our Website.
SWAS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEOS, OR AUDIO CONTENT FROM THE WEBSITE. IN NO EVENT SHALL SWAS OR ANY THIRD PARTY SPONSORS, MERCHANTS, CUSTOMERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY SWAS OR ANY THIRD PARTY MERCHANTS, CUSTOMERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
While using this Website, you may choose to link to third party websites that are not affiliated with SWAS. SWAS is not responsible for the contents of these third party websites, or any subsequent links, and has no control over the contents therein. For this reason, SWAS does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of SWAS, and SWAS does not endorse the contents of such third party websites in any way. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites, you do so at your own risk.
In the event you violate or attempt to violate any part of this Agreement, SWAS reserves the right to terminate your access to this Website immediately, in its sole discretion, with or without notice of any kind. SWAS also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this Website.
You agree to indemnify, defend, and hold harmless SWAS and its affiliates, officers, directors, employees, representatives and its third party sponsors, merchants and customers from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees and expenses) arising from your use of this Website and/or breach of this Agreement, regardless of the nature of the cause of action or claim.
Any and all rights not expressly granted to you in this Agreement are hereby reserved by SWAS.
This Agreement and its performance shall be governed by the laws of the State of Missouri, United States of America, without regard to its conflict of laws provisions.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. SWAS may assign this Agreement to any purchaser of all or substantially all of its assets or business to which this Agreement relates.
SWAS may at any time amend and modify this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
Additional and/or different terms and conditions may apply to purchases of SWAS’s goods and services and other uses of portions of this Website. If applicable, you agree to abide by such other terms and conditions.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.