TERMS OF USE

The DECKOFLIES.COM website (the “Site”) is the property of Spirit of 76 LLC (“Company”) and is intended solely for the use of persons who agree to be bound by these terms of use (“Terms”). Please read these Terms carefully. By using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, do not use this Site.

  1. Acceptance of Terms

The Terms are agreed to by and between Company and you. Company provides the services and information accessible on and through the Site (the “Services”) to you subject to the Terms.

  1. Company’s Proprietary Rights

2.1 You understand that all information, data, text, photographs, graphics, video, messages, or other materials posted via the Services by Company (the “Company Content”) is owned or licensed by Company.

2.2 Company does not guarantee the accuracy of Company Content, much of which is satirical in nature. You understand that by using the Services, you may be exposed to Company Content that is inaccurate, offensive, or objectionable.

3.3 All information, documents, products, software, and services (the “Materials”) provided on this Site were created by Company or provided by or to Company by their respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and are the copyrighted work of Company and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Company or the Third Party Provider. No part of the Site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Company. You also may not, without Company’s prior express written permission, “mirror” any Material contained on this Site on any other server.

3.4 Nothing on this Site shall be construed as conferring any license under any of Company’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

3.5 Permission is granted to display, copy, distribute and download Company’s Materials on this Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed Materials.

3.6 Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3.7 Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Company. Company does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Company.

3.8 The Services and any software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

  1. Responsibility for Your Content

3.1 You, and not Company, are entirely responsible for all messages photographs, graphics, video, messages or other materials that you upload, post or otherwise transmit via the Services (“Your Content”).

3.2 While it is not our intent to monitor your online communications, Company reserves the right to edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these Terms. Violation of these restrictions (“Restrictions”) may also result in the termination or suspension of your access to the Site. These Restrictions apply to all content provided to or through the Services.

3.3 You agree not to use the Services to post any element or portion of Your Content that (a) violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents or publicity rights or (b) that is obscene, defamatory, racist, lewd, excessively violent, harassing or otherwise objectionable (collectively, “Objectionable Content”).

3.4 You agree not to use the Services for any unlawful activities not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or site. Additionally, you agree not to use the Services to: (a) impersonate any person or entity, including, but not limited to, a Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Your Content transmitted through the Services or develop hidden pages or images (those not linked to Company from another accessible page); (c) upload, post or otherwise transmit any of Your Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post 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; (f) violate any applicable local, state, national or international law, or any regulations having the force of law; or (g) collect or store personal data about other users.

3.5 Company is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Company may, in its sole discretion, terminate the accounts or access rights of users who violate any provision of these Terms or otherwise infringe or violate others’ intellectual property rights.

  1. Content Submitted to Company

4.1 Company does not claim ownership of the Content you place on any part of the Site. By submitting Your Content to Company for inclusion on the Site, you grant Company a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the Content (including in digital form) solely for the purposes relating to the Site.

4.2 You acknowledge that Company does not pre-screen any Content posted by any visitor, but that Company and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any of such Content that is available via the Services. Without limiting the foregoing, Company and its designees may disable, restrict access to or the availability of, any of Your Content or Content posted by other visitors that violates the Terms or is otherwise objectionable.

4.3 Unless otherwise explicitly stated, any of your Content provided by you in connection with this Site shall be deemed to be provided on a nonproprietary and nonconfidential basis. Company shall have no obligation of any kind with respect to Your Content and shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You acknowledge that you are responsible for Your Content that you submit, and you, not Company, have full responsibility for that Content, including their legality, reliability, appropriateness, originality and copyright.

  1. Indemnity

You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

  1. Notices; Modification and Termination of Terms, Services

6.1 Company reserves the right at any time and from time to time to revise, modify or discontinue, temporarily or permanently, the Terms and/or Services (or any part thereof) with or without notice. Any such revision or change will be binding and effective immediately upon posting of the revised Terms or change to the Services on the Site. If you do not agree with any revision to the Terms or Services, you may discontinue use of the Site and/or Services. By continuing to use the Site and/or Services after any revision to these Terms and/or Services, you agree to abide by and be bound by any such revisions or changes.

6.2 Company, in its sole discretion, may terminate your use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and Company may immediately de-activate or delete any account provided for your benefit and all related information and files and/or bar any further access to such files or the Services. Further, Company will not be liable to you or any third-party for any termination, modification, or suspension of the Services.

  1. Links

7.1 The Services may provide, or third parties may provide, links to other Internet sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

7.2 This Site may be linked to other Sites that are not under the control of and are not maintained by Company. Company is not responsible for the content of those sites. Company is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Company of those sites.

  1. Disclaimer of Warranties

8.1 YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE SITE ARE PROVIDED “AS IS.” Company DISCLAIMS EXPLICITY ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Company MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE SITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. IN NO EVENT WILL Company BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED AND POSTED ON THE SITE BY ANY USERS.

8.2 Company MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Company OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. COMPANY’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

  1. Limitation of Liability

9.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, Company IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO: (I) THE USE OF OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) LOSS, CORRUPTION OR DELAY OF YOUR DATA OR THE DATA OF ANY THIRD PARTY; (V) LOSS OF COMMUNICATIONS WITH OR CONNECTION TO THE SITE OR ANY MATERIAL, PRODUCT OR SERVICES PROVIDED THROUGH IT; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND Company; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

9.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST Company FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

9.3 YOU AGREE TO HOLD Company HARMLESS FROM, AND YOU COVENANT NOT TO SUE Company FOR, ANY CLAIMS BASED ON USING THE SITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  1. General Information

10.1 The Terms constitute the entire agreement between you and Company and govern your use of the Services, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms).

10.2 Virginia law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Albemarle, Virginia for any disputes arising out of this Agreement or your use of the Site.

10.3 The failure of Company to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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