Welcome to the website of Project Sunshine, Inc. ("Project Sunshine", "we", "us" or "our").
applies to your use of www.projectsunshine.org and all corresponding domains, subdomains, web pages and websites associated therewith
(the "Site") and (b) any other content, applications,
features, functionality, information and services offered by us though the Site (the foregoing subsections (a) and (b) are collectively
referred to herein as the "Services").
Last Updated: 2/24/2016
- ACCEPTANCE OF TERMS
This Agreement applies to all users of the Services ("User", "you" or "your"), whether you are accessing them
via a personal computer, a wireless or mobile device or any other IP–enabled technology (each, a "Device"). By using the
Services, you acknowledge and agree that (a) you reside in the United States of America, its territories and possessions, (b) you are at least 13
years of age, and (c) you shall comply with this Agreement and any additional terms and conditions that we provide to you in connection
with the Services and other products and services we may offer or make available to you (e.g., promotional terms, contest/sweepstakes rules,
To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.
If you are not 13 years old, do not reside in the U.S. and/or do not meet any other eligibility requirements set forth herein or in the
Additional Terms, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue
using the Services immediately.
- TERM AND TERMINATION
This Agreement shall remain in effect while you use the Services. You may terminate your use of or registration for the Services at any time,
for any reason, and Project Sunshine may terminate your use of or registration to the Services at any time for any reason. Even after your use
including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect.
We may modify this Agreement from time to time without notice to you for any reason. We will provide or display notices of material
changes on the Services and/or e–mail you or notify you upon login about these changes – the form of such notice is at our discretion.
Once we post or make available such changes on the Services, these changes become effective immediately and if you use the Services after
they become effective it will signify your agreement to be bound by such changes. We recommend that you check back frequently and review
this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
By using the Services, you represent, warrant and covenant to Project Sunshine that you are 13 years of age or older. Certain
features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a User between
the ages of 13 and 18, please review this Agreement with your parent or guardian. Your parent or guardian should agree to this Agreement
on your behalf and parental discretion is advised for all Users under the age of 18.
- USER REGISTRATION
In order to access and use certain content, features and functionality of the Services, we may require that you (a) register for the
applicable Services, whether on the Site, a Third Party Platform or otherwise, including, in some instances, creating and/or providing
a username and password combination ("User Credentials") and (b) provide to us and/or make available (e.g., via Third Party Platform
permissions and consents, etc.) certain additional information, which may include, without limitation, your email address, legal name,
country of residence, location, date of birth, usage data and other information, and, to the extent applicable, for any donations or
E–Commerce Services, your physical address, telephone number(s), applicable payment information (e.g., payment card data, PayPal information,
etc.) and other information (collectively, a "User Account").
You represent and warrant that all registration and account information you submit and/or make available is truthful and accurate and you
shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you
are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use
of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or
on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions.
It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify the Project Sunshine of any
unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the
dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account,
and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services
if we believe there is a question about the identity of the person trying to access any account or element of the Services. Project Sunshine
shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.
We respect your privacy and the use and protection of your personal information. Our information collection and use policies are set forth
- OUR OWNERSHIP RIGHTS
- As between you and Project Sunshine, Project Sunshine (and/or its licensors) owns all right, title and interest in and to
the Services, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy,
text, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information,
materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design,
selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade
dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to
any content contained and/or made available in any advertisements or information presented to you via the Services). Except as expressly
authorized by Project Sunshine and set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for
your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast
or circulate to any third party (including, without limitation, on or via a third–party website or platform), or otherwise use, the Services,
including, without limitation, any content therein, without the express, prior written consent of Project Sunshine or its owner if Project
Sunshine is not the owner.
- You further understand and agree that the framing or scraping of or in–line linking to the Services and/or the use of webcrawler,
spidering or other automated means to access, copy, index, process and/or store any content made available on or through the Services other
than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content
Access Protocol (ACAP), etc.) that may be used in connection with the Services.
- RULES FOR USE OF THE SERVICES
The Services are to be used solely for your non–exclusive, non–assignable, non–transferable, non–commercial and limited personal use and
for no other purposes. You are solely responsible for your conduct in connection with the Services.
You must not:
- alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, and/or modify,
reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works
from any part of the Services, or encourage, assist or authorize any other person in doing so;
- except as expressly authorized by Project Sunshine and set forth in Additional Terms, you shall not, nor shall you allow
any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display,
perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or
via a third–party website or platform), or otherwise use, the Services, including, without limitation, any content therein,
without the express, prior written consent of Project Sunshine or its owner if Project Sunshine is not the owner;
- engage in or encourage conduct that (a) would violate any applicable law or violate or infringe upon any intellectual property,
proprietary, privacy, moral, publicity or other rights of ours or of any other third party, (b) affects adversely or reflects
negatively on Project Sunshine, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or
discomfort to us or anyone else, and/or (c) discourages any person or entity from using all or any portion, features or functions
of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
- modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the
rightghts or use or enjoyment of the Services by any other User;
- impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity; and/or
- solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users or engage in spamming,
flooding, harvesting of email addresses or other personal information, "spidering", "screen scraping", "phishing", "database scraping",
or any other activity with the purposes of obtaining lists of other Users or other information.
You shall not submit, post, and/or otherwise make available through the Services any User Content (as such term is defined below) that:
- you do not have a right to make available under any law, rule or regulation 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), or otherwise creates a security or privacy risk for any other person or entity;
- contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair,
destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive
of another´s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions
or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed
at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual; and/or
- that is or may be construed as in violation of this Agreement, as determined in Project Sunshine´s sole discretion.
- THIRD PARTY SOCIAL MEDIA SERVICES
Project Sunshine may enable the use of and/or utilize certain social media features and functionality in connection with your use of the Services,
including, including, without limitation, in order to enable you to log in to the Services via third party online services, such as Facebook
("Third Party Social Media Services"). By logging into the Services using account information from a Third Party Social Media Service or enabling
functionality from or engaging in the use of Third Party Social Media Services as part of your use of the Services, you agree that we may transmit
your login credentials and other related information to the providers of Third Party Social Media Services and may receive other information from
such Third Party Social Media Services regarding you. For more information about our information collection and use policies with respect to the
- 10. USER CONTENT
- The Services may provide you and other users with an opportunity to participate in message, comment, communication and other social
networking features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments,
reviews, links, materials, ideas, opinions, messages and other content and information via the Services ( "User Content"). When you submit
User Content you may also be asked to provide information about you and your submission. This may include, without limitation, such things
as your User Credentials, information about the User Content, your location, activity, preferences, photographs, media and/or similar
information. You acknowledge and agree that all User Content made by means of or in connection with any portion of the Services are public
and that (a) you have no expectation of privacy in any User Content and (b) no confidential, fiduciary, contractually implied or other
relationship is created between you and Project Sunshine by reason of your transmitting User Content to any area of or in connection
with the Services. Further, you understand that by using the Services, you may be exposed to other people´s User Content (e.g., from artists,
fans, etc.) that could be offensive, incorrect, indecent or objectionable and, as such, Project Sunshine does not guarantee the accuracy,
integrity, quality or content of any User Content. Under no circumstances shall Project Sunshine be liable in any way for User Content,
including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any
User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
- We have the right, but not the obligation, to review any User Content and to delete, remove, move, edit or reject, without notice
to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any Unauthorized Content; provided,
however, that Project Sunshine shall have no obligation or liability to you or any third party for failure to do so or for doing so in any
particular manner. As used herein, the term "Unauthorized Content" means any User Content that is or may be construed as violating this
Agreement, including, without limitation, Section 8 herein, or is deemed to be unacceptable to
Project Sunshine, as determined in Project Sunshine´s sole discretion.
- In connection with all User Content you submit, post, email, display, transmit or otherwise make available, you grant to the
Project Sunshine the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid–up and royalty–free right and license, in
any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in
part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare
derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Services and any other
websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose
whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation
to you, and the right to license and sub–license and authorize others to exercise any of the rights granted hereunder to Project Sunshine,
in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in this Agreement and granted to Project
Sunshine shall commence immediately upon submission of your User Content and shall continue thereafter perpetually and indefinitely,
regardless of whether you use the Services as a registered user or not.
- Project Sunshine does not acquire any title or ownership rights in the User Content that you submit and/or make available. After you
submit, post, email, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have
in such User Content, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you
own the User Content posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and
to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, Content, emailing, displaying, transmission
and/or making available of User Content does not violate this Agreement, any rights of any other party or entity, any of your obligations,
any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity
or other rights of any party or entity; (c) you have the legal right and capability to enter into this Agreement and perform and comply with
all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary
to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other
monies owing to any person or entity by reason of your User Content.
- E–COMMERCE SERVICES
- Project Sunshine may offer for a fee, directly or indirectly, the ability to donate to Project Sunshine and/or purchase certain
products, merchandise, gifts and / or other e–commerce services ("Payment Services") via the Services or through third party service
providers. Additional terms may apply to your use and access of such Payment Services and all such terms are deemed Additional Terms
and incorporated herein by reference. You may only use the Payment Services if you pay, in full, the prices and fees (including,
without limitation, all applicable taxes) for any purchases you, or anyone using the User Credentials registered to you, make. Only
certain debit and credit cards and other payment methods may be accepted, subject to certain applicable restrictions, including territory
restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions and otherwise, which may prevent
the processing of the applicable payment. If a transaction has been declined due to payment card or other issues, please ensure that all
data inputted by you is correct and resubmit. Further, if payment is not received from your credit, debit or charge card issuer or its
agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. You expressly acknowledge and
agree that, if applicable, Project Sunshine may obtain a pre–approval from the applicable payment card company for an amount up to
the amount of the purchase.
- Project Sunshine or any of its third party service providers does not guarantee that product descriptions or other content will
be accurate, complete, reliable, current, or error–free. Descriptions and images of, and references to, products on the Services do
not imply our or any of our affiliates' endorsement of such products. Project Sunshine and its third party operational service
providers reserve the right, with or without prior notice, (i) to change product descriptions, images, and references, (ii) to
limit the available quantity of any product, (iii) to honor, or impose conditions on the honoring of, any coupon, coupon code,
promotional code or other similar promotions, (iv) to bar any User from conducting any or all transaction(s) and (v) and/or to
refuse to provide any User with any product. Prices and availability of any product and/or service are subject to change without notice.
- You acknowledge and agree that certain Payment Services may utilize third party operational service providers (e.g., Network
for Good, Charity Happenings, Pay Pal, etc.) and all donations or purchase made through these third party operational service
providers are subject to their respective terms and conditions of use, and in the event of a conflict between such third party´s
terms and conditions and this Agreement, the terms and conditions of the third party service provider shall govern and control.
Project Sunshine is not responsible and has no liability whatsoever for the services you obtain through our third party operational
service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online transaction with any of these third parties. Project Sunshine does not make any representations or
warranties as to the security of any information (e.g., credit card and other personal information, etc.) you might be requested to
give any such third party, and you irrevocably waive any claim against us with respect to such third party operational service providers
or web sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased
through a third party operational service provider, even if the goods or services were shown on the Services. We cannot ensure that you
will be satisfied with any products or services that you purchase from any third–party operational service provider as those are owned
and operated by independent entities not affiliated with Project Sunshine. Customer service issues related to goods or services should
be directed to the relevant third party operational service provider.
- ACCESS TO THE SERVICES; DEVICE REQUIREMENTS; USAGE RULES
- We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any
reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some
parts of the Services, or the entire Website, to registered Users and/or otherwise, as we determine in our sole discretion.
- In order to access and use the Services, you may be required to use Device(s) and other technology meeting certain system,
configuration and other requirements established by Project Sunshine, its content partners, licensors and other third parties,
such as platform, storefront and network operators (e.g., Apple, etc.) (collectively, "Operators"), and you are responsible for
ensuring that your Device(s) and other technology meet all such requirements. In addition, you are responsible for any data
access, network and/or other service rates and charges you may incur in connection with your Device and use of the Services.
- You further acknowledge and agree that certain Services (in whole or in part), and certain content contained therein, may be
accompanied by technology and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information
and content from unauthorized use and access and may limit and restrict your usage of such same in accordance with certain rules and
restrictions. You agree to comply with such rules and restrictions at all times, and shall not violate or attempt to violate
any security components thereof.
- NO RESPONSIBILITY TO REVIEW OR MONITOR
Project Sunshine assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time Project
Sunshine chooses in its sole discretion to monitor the Services, Project Sunshine nonetheless assumes no responsibility for User Content,
assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the
right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason
whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating this Agreement,
or is deemed to be unacceptable to Project Sunshine, as determined in Project Sunshine´s sole discretion; provided, however, that Project
Sunshine shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner.
Further, you acknowledge, consent and agree that Project Sunshine may access, preserve and disclose your account and registration
information and any other content or information if required to do so by law or if based on a good faith belief that such access,
preservation or disclosure is reasonably necessary to (a) comply with the law or legal process, including any financial reporting requirements
(b) enforce this Agreement; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to
your requests for customer or technical service; or (e) protect the rights, property or personal safety of Project Sunshine, Users or any third parties
including acting in urgent circumstances.
For assistance with technical issues and other questions, please refer to and/or contact us via our online contact and support
page located at http://www.projectsunshine.org/aboutus/about-contact.php.
- THIRD PARTY SERVICES
The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the
Services or any other form of link or re–direction of your connection to, with or through the Services or (b) any third party
websites, content, data, information, applications, goods, services or materials, including Third Party Social Media Services
(collectively, "Third Party Services") does not constitute an endorsement by, nor does it incur any obligation, responsibility
or liability on the part of Project Sunshine, its affiliates or any of their respective successors and assigns, directors,
officers, employees, representatives, agents, licensors, Advertisers (as defined below), Operators, suppliers or service
providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business
practices (including their privacy policies), whether the Services' or Project Sunshine´s logo and/or sponsorship identification
is on the Third Party Services as part of a co–branding or promotional arrangement or otherwise. If any Third Party Services
with which you interact obtains or collects personal information from you, in no event does Project Sunshine assume or have
any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms
From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers,
sponsors, or other promotional partners (collectively, "Advertisers") found on or through the Services or via a hyperlinked
website or platform. All such communication, interaction and participation is strictly and solely between you and such
Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions
(including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and
the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
You agree to indemnify, defend and hold Project Sunshine, its affiliates, and their respective successors and assigns, directors,
officers, employees, representatives, agents, licensors, Advertisers, Operators, suppliers and service providers harmless from
any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys´ fees), arising in any way
out of or in connection with (a) your use of the Services, (b) your breach or violation this Agreement and/or (c) your User
Content. Project Sunshine reserves the right to assume the exclusive defense and control of any matter subject to indemnification
by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
- DISCLAIMER OF WARRANTIES
THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY
OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE
OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT,
PRODUCTS, SERVICES AND USER CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY
MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND
AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS,
AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT
ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND
FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME
FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT PROJECT
SUNSHINE ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE
HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO
NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS
AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROJECT SUNSHINE, ITS AFFILIATES, AND EACH OF THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, ADVERTISERS, OPERATORS,
SUPPLIERS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH
OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
- GOVERNING LAW AND JURISDICTION
This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive
laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed
and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and
submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in New York and agree you shall not
object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN
ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, REGARDING YOUR
USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER
POSSESS TO A TRIAL BY JURY.
- LIMITATION ON TIME TO FILE CLAIMS
ANY PROVISION WHICH MUST SURVIVE IN ORDER TO ALLOW US TO ENFORCE ITS MEANING SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT;
HOWEVER, NO ACTION ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT
BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE).
- JURISDICTIONAL ISSUES; EXPORT CONTROL
The Services are controlled and operated by Project Sunshine from its offices in the U.S. Project Sunshine makes no representation
that the Services are appropriate or available for use outside the U.S. Those who choose to access the Services from other locations
do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent
local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded,
exported or re–exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and agreement between you and Project Sunshine concerning the Services and supersedes
any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed or terminated orally.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement
shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The terms "include," "includes," and "including,"
whether or not capitalized, mean "include, but are not limited to," "includes, but is not limited to," and "including, but not limited to,"
respectively and are to be construed as inclusive, not exclusive. The failure of Project Sunshine to exercise or enforce any right or provision
of this Agreement will not operate as a waiver of such right or provision. This Agreement, and any rights, licenses and privileges granted herein,
may not be transferred or assigned by you, but may be assigned or transferred by Project Sunshine without restriction, notice or other obligation to you.
This Agreement was last modified on the date indicated above and is effective immediately.
Copyright © 2015 Project Sunshine, Inc.