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OpenTheSafe.com - Terms of Service:
You must read the OpenTheSafe.com Privacy Policy, and Terms of Service (this document), prior to using any portion of the OpenTheSafe.com service. These documents are subject to change without notice. Please read them before each use of the OpenTheSafe.com service. THESE AGREEMENTS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE AGREEMENTS IN THEIR ENTIRETY. If you do not agree to the OpenTheSafe.com Privacy Policy, Web Site Rules and Terms of Service, you may not use any portion of the OpenTheSafe.com service.
Terms of Service:
1. GENERAL
The OpenTheSafe.com website (the "Site") provides Users (as
herein defined) with the capability to make a safe and invite
their friends to open the safe through links. Use of the Site
is governed by these Terms of Service (the "Terms"),
and the Privacy Policy, all of which Users must read prior
to using the Site. The Site is owned and operated by PassThePotato
LLC. A "User" is defined as any person who establishes a connection
to or accesses any OpenTheSafe.com related materials, including,
without limitation, to view a safe. By using the Site, User
specifically agrees to be bound by the Terms, as such may
be wholly or partially changed, modified, added to or reduced
at any time by OpenTheSafe.com in its sole discretion. Users
should visit the Site periodically to determine the conditions
of the binding Terms.
2. USER CONDUCT AND USE OF SITE
(A) User agrees to use the Site for lawful, non-commercial purposes only. User shall comply with all federal, state
and local laws applicable to the use of the Site and shall not post or transmit through the Site any material which violates
or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual
property rights), is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or contains advertising or any solicitation.
(B) All Users view safes at their own risk. If User receives
an abusive safe, User may e-mail QYFcontactus@yahoo.com with
the quiz link in the subject field so OpenTheSafe.com, in
its sole discretion, can determine whether or not to delete
the quiz. This process may take up to 90 days.
Send to: QYFcontactus@yahoo.com
Subject: (paste in the entire safe link)
(C) By using the Site, User agrees to indemnify, release and
hold harmless OpenTheSafe.com from all liability associated with
User's use of the Site.
(D) The Site contains copyrighted material, trademarks, and other proprietary information, including but not limited, to
web site design, concept, programming, files, and data, all of which are owned by OpenTheSafe.com. User shall not modify,
publish, transmit, translate, participate in the transfer or sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded
material will be permitted. User acquires no ownership rights by downloading copyrighted material.
(E) By submitting material to any area of the Site, User represents
and warrants to OpenTheSafe.com that the owner of such material
has expressly granted OpenTheSafe.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that
may exist in such material. User permits any other User to
access, view, store or reproduce the material for that User's
personal use, and User hereby grants OpenTheSafe.com the right
to edit, copy, publish and distribute any material made available
on the Site by User.
(F) User relinquishes any and all rights to suggestions, ideas or other content that User submits to OpenTheSafe.com,
including but not limited to, quiz content. The act of submitting suggestions, ideas or other content to OpenTheSafe.com,
does not, in itself, create an agreement of any kind between User and OpenTheSafe.com. OpenTheSafe.com reserves the
right to freely use and modify the submitted suggestions, ideas or other content without first obtaining consent from the submitter.
3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) Use of the Site service or access to any portion of the Site is done at the sole risk of User.
(B) OpenTheSafe.com shall not be held liable for the receipt
of any unwanted e-mail or the content of any e-mail resulting
from or associated with OpenTheSafe.com. It is the sole responsibility
of User to seek permission from its recipients prior to sending
a link to OpenTheSafe.com. At no time will OpenTheSafe.com
be held responsible for any inability to prevent safes from
being sent to any party.
(C) THE OPENTHESAFE.COM SERVICE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. OPENTHESAFE.COM DOES NOT WARRANT THAT
ANY INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION
IS FREE OF ROGUE PROGRAMMING. IN NO EVENT WILL OPENTHESAFE.COM,
BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF
THE SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT,
ALL CONTENT OF OPENTHESAFE.COM OR ANY ERRORS, INACCURACIES,
OMISSIONS OR LACK OF AUTHENTICITY OF ANY SUCH CONTENT.
(D) The above disclaimer of liability includes, without limitation, any damages or injury caused by any availability of service,
error, deletion, theft, alteration, or destruction of data, computer virus, tortious behavior, negligence, or any other cause of
action or inaction. User assumes the entire cost of all damage, servicing, repair, or correction resulting from the use of the Site
in any manner, including but not limited to the offensive or illegal conduct of other Users or third-parties of the Site.
4. COPYRIGHTS AND COPYRIGHT AGENTS (17 U.S.C. 512(i))
OpenTheSafe.com respects the intellectual property of others,
and we ask our Users to do the same. If a User believes that
User's work has been copied in a way that constitutes copyright
infringement, such User should provide OpenTheSafe.com's Copyright
Agent the following information:
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 User claims has been infringed;
3. a description of where the material that User claims is infringing is located on the site;
4. User's address, telephone number, and email address;
5. a statement by User of User's good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by User, made under penalty of perjury, that the above information in User's Notice is accurate and that
User is the copyright owner or authorized to act on the copyright owner's behalf.
OpenTheSafe.com's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:
OpenTheSafe.com Copyright Dept.
OpenTheSafe LLC
PO Box 62666
Cincinnati, OH 45262
5. ADVERTISING ON THE SITE
The Site may contain various types of advertising, including
but not limited to banners, popups and text links. The relationship
between User and a OpenTheSafe.com advertiser shall be controlled
by the terms found on an advertiser's Web site or any other
agreement entered into by User and such advertiser. OpenTheSafe.com
is not associated with or responsible for any correspondence,
business dealing, agreements or disputes between User and
any advertiser, including, without limitation, those related
to payment and delivery of goods or services and any other
terms associated therewith. OpenTheSafe.com encourages User
to read any advertiser's privacy policy and web site rules
when User connects to them through the Site. OpenTheSafe.com
is not responsible for any losses User may incur from doing
business with a OpenTheSafe.com advertiser. Neither OpenTheSafe.com
nor any or its third parties are responsible for the user-added
portion contained in OpenTheSafe.com e-mails, safe content,
or any other content associated with the OpenTheSafe.com service.
6. INTERNATIONAL USE
OpenTheSafe.com reserves the right to modify OpenTheSafe.com and the materials contained within at any time without prior notice.
7. GOVERNING LAW
Any disputes arising out of or related to the use of the Site or these Terms shall be governed by the laws of the State of
Ohio, U.S.A., without regard to principles of conflicts of law. The courts located in Hamilton County, Ohio shall have the
exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms.
8. SEVERABILITY
The invalidity or unenforceability of any provision of these Terms shall not affect the other provisions hereof, and
these Terms shall be construed and remain in full force and effect in all respects with such invalid or unenforceable
provisions limited or excluded to the minimum extent required under applicable law.
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