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*TERMS AND CONDITIONS FOR NUMBER:LAB'S BEST:FIT COMPETITION
By submitting images and checking off the I AGREE box, you, as the “Submitter”, agree to these official contest "Terms and Conditions" as described below:
Restrictions & Requirements for Participation:
- You must be 18 years or older to participate.
- Please submit no more than three (3) photos per person per submission. If more are submitted, the first three (3) received will be considered and any additional photos may be deleted from consideration.
- Each Submitter shall not enter this contest more than once. If Submitter enters this contest more than once, NUMBER:Lab reserves the right to disqualify the Submitter entirely from this contest.
- Submitter must be appearing in an official NUMBER:Lab garment and the garment(s) must be easily viewable and recognizable in the image(s) you submit (e.g., not hidden under other clothes, in the background of the image, tucked in a pocket, etc.).
NUMBER:LAB RESERVES THE SOLE AND EXCLUSIVE RIGHT TO SELECT OR REJECT IMAGES SUBMITTED FOR ANY REASON IT DEEMS NECESSARY.
Process:
- Submitters interested in entering the best:Fit™ contest must submit a photo of themselves wearing a NUMBER:Lab garment (or garments) (refer to “Restrictions & Requirements for Participation” section for details) at best:FIT home online or you may email them directly to the following email address: bestfit@number-lab.com.
- Submitter must provide their first and last names, valid email address, occupation and city of residence.
- Submissions must be in jpg format or pfd format (no larger than 50K).
- NUMBER:Lab, in its sole discretion, will chose and post submitted images to its Facebook fan page and online blog.
Voting:
- Winners will be selected by Facebook NUMBER:Lab fan member vote.
- Votes will be calculated, and winners will be determined, by the total number of “Like This” shown under each image.
- The greatest number of “Like This” votes will be considered “1st place winner”; the second greatest number of “Like This” votes will be considered “2nd place” winner; the third greatest number of “Like This” votes will be considered “3rd place” winner. No other winners beyond “3rd place" will be chosen.
Winnings:
- Winning awards are offered as follows:
1. First (1st) place = $1,000 online shopping spree
2. Second (2nd) place = $750 online shopping spree
3. Third (3rd) place = $500 online shopping spree
- All winnings are redeemable exclusively on the NUMBER:Lab website (http://number-lab.com). - Winnings may not be applied or combined for redemption at any brick and mortar or other online stores.
- Upon execution of a formal release provided by NUMBER:Lab to each winner via email, winners will be given a proprietary coupon code via email -- to redeem the dollar value amount won to claim their winnings.
- Winners’ failure to execute and return the release within Seven (7) days of receipt will result in forfeiture of winnings.
- Winner agrees to pay any and all applicable state, city or local sales taxes associated with winnings which will be billed, and require payment by credit card, at time of checkout.
- Shipping will be paid for by NUMBER:Lab within the U.S. but winners with non-U.S. addresses will be required to pay shipping and insurance.
- Domestically (that is, all 50 United States), shipping method will be through FedEx Ground or United Parcel Service Ground or some equivalent shipping method chosen exclusively and in NUMBER:Lab’s sole discretion. International shipping method will be through FedEx International or United Parcel Service International or some equivalent shipping method chosen exclusively and in NUMBER:Lab’s sole discretion.
- Winning awards are valued at 100% of non-sale, non-marked-down, non-discounted retail value of NUMBER:Lab products as shown on our e-store (http://number-lab.com/) and may not be used or redeemed for any 3rd party in-store offers for NUMBER:Lab products.
- In the event of a tie between one or more winners, the total value of each award level will be divided equally among all tied winners. (Example: Two tied “1st Place” winners will each receive a $500 shopping spree.)
- NUMBER:Lab will post winners’ names and their submitted images on the Company’s online blog and NUMBER:Lab’s Facebook fan page within one week of selecting the final winners.
Contest Dates & Deadlines:
- Contest begins on February 1, 2010 and ends on February 28, 2010.
- Final submissions must be received no later than 11:59 pm E.S.T. on February 27, 2010.
- Winners will be chosen no later than March 1, 2010.
- Winners will have until March 1, 2011 to redeem their winnings; after which point the prizes shall automatically expire.
CONSENT & RELEASE:
BY (1) CLICKING “I AGREE” AND “SUBMIT” ON OUR BEST:FIT COMPETITION HOME PAGE OR (2) BY EMAILING US IMAGES OF YOURSELF FOR ENTRY TO OUR BEST:FIT COMPETITION, AND (3) SUBMITTING IMAGES OF YOURSELF, YOU HEREBY IRREVOCABLY AUTHORIZE THE USE OF THOSE IMAGES, YOUR NAME AND ANY OTHER INFORMATION PROVIDED BY FTN MULTIMEDIA, INC., AND ITS SUCCESSORS, ASSIGNEES AND LICENSEES (COLLECTIVELY, "FTN MULTIMEDIA"), OF ANY AND ALL PHOTOGRAPHS, NAME AND OTHER INFORMATION IN CONNECTION WITH ADVERTISING, WEB SITE PAGES, BROCHURES, AND OTHER ILLUSTRATION, ART, EDITORIAL, PROMOTION AND MARKETING MATERIALS DEPICTING OR RELATED TO FTN MULTIMEDIA’S BUSINESS, PRODUCTS OR SERVICES, SUCH MATERIALS TO BE PRODUCED BY FTN MULTIMEDIA FOR DISTRIBUTION THROUGHOUT THE WORLD, INCLUDING ALL REPRODUCTIONS AND ANY DERIVATIVE WORKS BASED THEREON IN ANY MEDIUM OR FORMAT WHETHER CURRENTLY EXISTING OR WHICH MAY HEREAFTER COME INTO EXISTENCE (THE "PROMOTION AND MARKETING PROGRAM").
YOU HEREBY RELEASE ANY AND ALL CLAIMS THAT YOU MAY HAVE WHATSOEVER IN CONNECTION WITH THE PROMOTION AND MARKETING PROGRAM, INCLUDING WITHOUT LIMITATION CLAIMS AT LAW OR IN EQUITY, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE USE OF YOUR LIKENESS, NAME AND/OR INFORMATION. YOU SPECIFICALLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU HEREBY WAIVE ANY RIGHT THAT YOU MAY HAVE TO INSPECT AND/OR APPROVE THE PROMOTION AND MARKETING PROGRAM, OR ANY COLLATERAL MATERIALS THAT MAY BE DISTRIBUTED BY FTN MULTIMEDIA IN CONNECTION WITH SUCH PROMOTION AND MARKETING PROGRAM.
YOU HEREBY ACKNOWLEDGE THAT ALL RIGHT, TITLE AND OWNERSHIP IN AND TO THE PROMOTION AND MARKETING PROGRAM, INCLUDING ANY AND ALL COPYRIGHTS AND MORAL RIGHTS, SHALL BE THE EXCLUSIVE PROPERTY OF FTN MULTIMEDIA, AND TO THE EXTENT YOU HAVE ANY, YOU HEREBY ASSIGN ALL RIGHT, TITLE AND INTEREST IN THE PROMOTION AND MARKETING PROGRAM TO FTN MULTIMEDIA.
YOU REPRESENT THAT YOU ARE OVER THE AGE OF EIGHTEEN (18), THAT YOU HAVE THE POWER AND AUTHORITY TO ACT ON YOUR OWN BEHALF AND SIGN THIS, OR ANY, CONSENT AND RELEASE, AND THAT YOU HAVE NO PRE-EXISTING OBLIGATION WHICH MAY RESTRICT OR LIMIT YOUR ABILITY TO SIGN THIS, OR ANY, CONSENT AND RELEASE, AND THAT THIS CONSENT AND RELEASE WILL BE BINDING ON YOUR HEIRS, REPRESENTATIVES AND ASSIGNS.
THIS RELEASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO AGREEMENTS ENTERED INTO IN THAT STATE. YOU HEREBY WAIVE ANY AND ALL EQUITABLE AND INJUNCTIVE RIGHTS AND ACKNOWLEDGE THAT MY SOLE REMEDY FOR A BREACH OF THIS AGREEMENT OR OTHERWISE SHALL BE SOLELY AN ACTION AT LAW FOR DAMAGES. THIS AGREEMENT IS NOT SUBJECT TO ANY GUILD, UNION OR OTHER COLLECTIVE BARGAINING AGREEMENT. THIS RELEASE FORM REPRESENTS THE ENTIRE AGREEMENT BETWEEN THE PARTIES.
THE SUBMITTER HEREBY RELEASES FTN MULTIMEDIA, INC. D/B/A NUMBER:LAB AND ITS SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS FOR DAMAGES, LIBEL, SLANDER, DEFAMATION, ERRORS & OMMSSIONS, INVASION OF PRIVACY, OR ANY OTHER CLAIM BASED UPON THE USE BY THE COMPANY OF SAID PHOTOGRAPHS AND ANY REPRODUCTIONS THEREOF.
THE SUBMITTER DOES HEREBY CERTIFY AND REPRESENT THAT HE/SHE IS OF LEGAL AGE, THAT HIS/HER AGE IS EIGHTEEN (18) YEARS AND THAT HE/SHE HAVE EVERY RIGHT TO CONTRACT IN HIS/HER OWN NAME IN RESPECT TO THE ABOVE.
YOUR ACCEPTANCE
BY USING AND/OR VISITING THIS WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE NUMBER-LAB.COM DOMAIN NAME, THE "NUMBER-LAB WEBSITE", OR "WEBSITE"), YOU SIGNIFY YOUR AGREEMENT TO (1) THESE TERMS AND CONDITIONS AND (2) FTN MULTIMEDIA’S D.B.A. NUMBER-LAB.COM’S PRIVACY POLICY, FOUND AT HTTP://NUMBER-LAB.COM/PRIVACY.PHP. IF YOU DO NOT AGREE TO THESE TERMS AND/OR THE FTN MULTIMEDIA’S D.B.A. NUMBER-LAB.COM PRIVACY POLICY PLEASE DO NOT USE THE NUMBER:LAB WEBSITE.
USER SUBMISSIONS
AS A NUMBER-LAB CONTENT SUBMITTER YOU MAY SUBMIT IMAGES AND PERSONAL CONTENT AND TEXTUAL CONTENT. SUBMITTED IMAGES AND CONTENT ARE COLLECTIVELY REFERRED TO AS "SUBMISSIONS." YOU UNDERSTAND THAT WHETHER OR NOT SUCH SUBMISSIONS ARE PUBLISHED, FTN MULTIMEDIA, INC. D.B.A NUMBER-LAB DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUBMISSIONS.
YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR OWN SUBMISSIONS AND THE CONSEQUENCES OF SUBMITTING THEM. IN CONNECTION WITH SUBMISSIONS, YOU AFFIRM, REPRESENT, AND/OR WARRANT THAT: (1) YOU OWN OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE FTN MULTIMEDIA, INC. D.B.A. NUMBER-LAB TO USE ALL IMAGES, PHOTOGRAHS, LIKENESSES, CONTENT, INFORMATION, NAME, COPYRIGHT OR OTHER PROPRIETARY RIGHTS IN AND TO ANY AND ALL SUBMISSIONS TO ENABLE INCLUSION AND USE OF THE SUBMISSIONS IN THE MANNER CONTEMPLATED BY THE WEBSITE AND NUMBER-LAB’S FACEBOOK FAN PAGE AND THESE TERMS AND CONDITIONS.
FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR SUBMISSIONS. HOWEVER, BY SUBMITTING SUBMISSIONS TO NUMBER-LAB.COM, YOU HEREBY GRANT FTN MULTIMEDIA, INC. D.B.A NUMBER:LAB A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, SUBLICENSEABLE AND TRANSFERABLE LICENSE TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM THE SUBMISSIONS IN CONNECTION WITH THE NUMBER-LAB WEBSITE, NUMBER-LAB’S FACEBOOK FAN PAGE AND NUMBER-LAB’S (AND ITS SUCCESSORS' AND AFFILIATES') BUSINESS, INCLUDING WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF THE NUMBER-LAB WEBSITE AND NUMBER-LAB’S FACEBOOK FAN PAGE (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS. YOU ALSO HEREBY GRANT EACH USER OF THE NUMBER-LAB WEBSITE A NON-EXCLUSIVE LICENSE TO ACCESS YOUR SUBMISSIONS THROUGH THE WEBSITE, AND TO USE, REPRODUCE, DISTRIBUTE, DISPLAY AND PERFORM SUCH SUBMISSIONS AS PERMITTED THROUGH THE FUNCTIONALITY OF THE WEBSITE AND NUMBER-LAB’S FACEBOOK FAN PAGE AND UNDER THESE TERMS AND CONDITIONS. THE ABOVE LICENSES GRANTED BY YOU IN SUBMISSIONS TERMINATE WITHIN A COMMERCIALLY REASONABLE TIME AFTER YOU REQUEST THE REMOVAL OR DELETION OF YOUR SUBMITTED CONTENT FROM THE NUMBER-LAB WEBSITE AND NUMBER-LAB FACEBOOK FAN PAGE. YOU UNDERSTAND AND AGREE, HOWEVER, THAT FTN MULTIMEDIA, INC. MAY RETAIN, BUT NOT DISPLAY, DISTRIBUTE, OR PERFORM, SERVER COPIES OF SUBMISSIONS THAT HAVE BEEN REMOVED OR DELETED. THE ABOVE LICENSES GRANTED BY YOU IN USER COMMENTS ARE PERPETUAL AND IRREVOCABLE.
IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT MATERIAL THAT IS COPYRIGHTED, PROTECTED BY TRADE SECRET OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT FTN MULTIMEDIA, INC. D.B.A. NUMBER:LAB ALL OF THE LICENSE RIGHTS GRANTED HEREIN.
*TERMS OF CURRENT SALE(S)
Terms of current sale (HAPPY HOLIDAYS -- 40% OFF MOST ITEMS + FREE SHIPPING + DOUBLE POINTS) include: Free shipping only applies to orders shipped within the U.S. Discount and double points applies to most, but not all, items on our e-store @ http://number-lab.com. May not be used in combination with any other offer. Offer expires on 12/31/09. Shop our Current Sale.
TERMS OF USE
Welcome to the NUMBER:Lab website, http://number-lab.com (the "Site") owned and operated by FTN Multimedia, Inc. Except as otherwise noted herein, these terms and conditions ("the Terms") govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. FTN Multimedia, Inc. d/b/a NUMBER:Lab reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. FTN Multimedia, Inc. d/b/a NUMBER:Lab provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is FTN Multimedia, Inc. d/b/a NUMBER:Lab property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of FTN Multimedia, Inc. d/b/a NUMBER:Lab. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
PROHIBITED USES
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. FTN Multimedia, Inc. d/b/a NUMBER:Lab specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
* Posting any information which is incomplete, false, inaccurate or not your own
* Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
* Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
* Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
* Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
* Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws
* Attempting to interfere in any way with the Site's or FTN Multimedia, Inc. d/b/a NUMBER:Lab networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
LIMITS ON PURCHASES
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases made at our retail stores, through our catalogs and on number-lab.com.
SECURITY RULES
Violations of system or network security may result in civil or criminal liability. FTN Multimedia, Inc. d/b/a NUMBER:Lab will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
* Accessing data not intended for you or logging into a FTN Multimedia, Inc. d/b/a NUMBER:Lab server or account, which you are not authorized to access
* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
* Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site
* Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site
INTERNATIONAL USE
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Please refer to the International Orders page on the Site for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
PRODUCT & PRICING INFORMATION
Although FTN Multimedia, Inc. d/b/a NUMBER:Lab has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and FTN Multimedia, Inc. d/b/a NUMBER:Lab cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. FTN Multimedia, Inc. d/b/a NUMBER:Lab is not responsible for typographical errors regarding price or any other matter.
proprietary rights
As between you and FTN Multimedia, Inc. d/b/a NUMBER:Lab, (or any other company whose marks appear on the Site), FTN Multimedia, Inc. d/b/a NUMBER:Lab (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The FTN Multimedia, Inc. d/b/a NUMBER:Lab logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "FTN Multimedia, Inc. d/b/a NUMBER:Lab Intellectual Property") are owned by FTN Multimedia, Inc. d/b/a NUMBER:Lab and may be registered in the United States and internationally. You agree not to display or use the FTN Multimedia, Inc. d/b/a NUMBER:Lab Intellectual Property in any manner without FTN Multimedia, Inc. d/b/a NUMBER:Lab's prior permission. Nothing on the Site should be construed to grant any license or right to use any FTN Multimedia, Inc. d/b/a NUMBER:Lab Intellectual Property without the prior written consent of FTN Multimedia, Inc. d/b/a NUMBER:Lab.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by FTN Multimedia, Inc. d/b/a NUMBER:Lab. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
PRIVACY POLICY & USER INFORMATION
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you respond to FTN Multimedia, Inc. d/b/a NUMBER:Lab with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of FTN Multimedia, Inc. d/b/a NUMBER:Lab, and your submission of information shall constitute an irrevocable assignment to FTN Multimedia, Inc. d/b/a NUMBER:Lab of all worldwide rights, titles and interests in and to such information. FTN Multimedia, Inc. d/b/a NUMBER:Lab will not be liable for any use or disclosure of such information. FTN Multimedia, Inc. d/b/a NUMBER:Lab will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. FTN Multimedia, Inc. d/b/a NUMBER:Lab will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
However, FTN Multimedia, Inc. d/b/a NUMBER:Lab's use of any personal information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding FTN Multimedia, Inc. d/b/a NUMBER:Lab's protection of your personal information, please refer to our Privacy Policy page.
DISCLAIMERS & LIMITS OF LIABILITY
FTN Multimedia, Inc. d/b/a NUMBER:Lab publishes information on its Site as a convenience to its visitors. While FTN Multimedia, Inc. d/b/a NUMBER:Lab attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The FTN Multimedia, Inc. d/b/a NUMBER:Lab products described in the Site may not be available in your region. FTN Multimedia, Inc. d/b/a NUMBER:Lab does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." FTN MULTIMEDIA, INC. D/B/A NUMBER:LAB DISLCAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FTN MULTIMEDIA, INC. D/B/A NUMBER:LAB DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FTN MULTIMEDIA, INC. D/B/A NUMBER:LAB MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FTN Multimedia, Inc. d/b/a NUMBER:Lab makes no warranties of any kind regarding any non-FTN Multimedia, Inc. d/b/a NUMBER:Lab sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and FTN Multimedia, Inc. d/b/a NUMBER:Lab makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-FTN Multimedia, Inc. d/b/a NUMBER:Lab sites. FTN Multimedia, Inc. d/b/a NUMBER:Lab does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL FTN MULTIMEDIA, INC. D/B/A NUMBER:LAB, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF FTN MULTIMEDIA, INC. D/B/A NUMBER:LAB OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to defend, indemnify and hold FTN Multimedia, Inc. d/b/a NUMBER:Lab, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
general information
These Terms constitute the entire agreement between you and FTN Multimedia, Inc. d/b/a NUMBER:Lab and govern your use of the Site, and they supersede any prior agreements between you and FTN Multimedia, Inc. d/b/a NUMBER:Lab. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. FTN Multimedia, Inc. d/b/a NUMBER:Lab may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in FTN Multimedia, Inc. d/b/a NUMBER:Lab's sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between FTN Multimedia, Inc. d/b/a NUMBER:Lab and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to FTN Multimedia, Inc. d/b/a NUMBER:Lab or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of FTN Multimedia, Inc. d/b/a NUMBER:Lab to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York.
You may not assign the Terms or any of your rights or obligations under the Terms without FTN Multimedia, Inc. d/b/a NUMBER:Lab's express written consent. The Terms inure to the benefit of FTN Multimedia, Inc. d/b/a NUMBER:Lab's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.
Last Updated 9/19/09 |
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