THE MISS AMERICA ORGANIZATION 'S
WEB SITE TERMS AND CONDITIONS (“Terms”)
Please read the following Terms carefully before using any of The Miss America Organization 's Web Sites, including but not limited to the www.missamerica.com Web Site, as well as any online features, services and/or programs offered by The Miss America Organization Corporation and its affiliates (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms . You should review these Terms regularly as they may change at any time at the sole discretion of The Miss America Organization. If you do not agree to any portion of these Terms , you should not access or otherwise use the Web Site. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Site.
1. CONVENIENCE AND INFORMATION ONLY. The Web Site is provided to you without charge as a convenience and for your information only. By merely providing access to the Web Site, neither The Miss America Organization nor any of its affiliates (collectively, “The Miss America Organization”) warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) The Miss America Organization has any obligations to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Site is accurate or complete.
2. SITE USE AND CONTENT . You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of The Miss America Organization. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms . We will make an effort to update this Web page with any changes to these Terms and/or to the services described in these Terms .
- NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE MISS AMERICA ORGANIZATION PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND THE MISS AMERICA ORGANIZATION MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS SHALL BE CORRECTED OR THAT THE WEB PAGES ON THE WEB SITE OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. THE MISS AMERICA ORGANIZATION DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE MISS AMERICA ORGANIZATION SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE MISS AMERICA ORGANIZATION'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED BY THE MISS AMERICA ORGANIZATION WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY SERVICES FOUND TO BE INADEQUATE.
- INDEMNIFICATION. You agree to defend, indemnify and hold harmless The Miss America Organization and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by The Miss America Organization, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms ; (ii) your breach of your obligations under these Terms ; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
4. LIMITATION OF LIABILITY. THE MISS AMERICA ORGANIZATION 'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH THE MISS AMERICA ORGANIZATION . IN NO EVENT WILL THE MISS AMERICA ORGANIZATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE MISS AMERICA ORGANIZATION 'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE MISS AMERICA ORGANIZATION DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR ANY SERVICE OFFERED BY OR THROUGH THE WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Web Site is not a substitute for the advice of a competent legal professional. If legally binding advice is being sought, please retain the services of your own lawyer.
6. THIRD PARTY CONTENT.
- The Miss America Organization may provide hyperlinks to other Web sites maintained by third parties, or The Miss America Organization may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER THE MISS AMERICA ORGANIZATION 'S CONTROL AND THE MISS AMERICA ORGANIZATION IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with The Miss America Organization. In most cases, The Miss America Organization is not even aware that a third party has linked to the Web Site. A Web site that links to the Web Site: (i) may link to, but not replicate, The Miss America Organization's Content; (ii) may not create a browser, border environment or frame The Miss America Organization's Content; (iii) may not imply that The Miss America Organization is endorsing it or its products; (iv) may not misrepresent its relationship with The Miss America Organization; (v) may not present false or misleading information about The Miss America Organization's products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
7. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are The Miss America Organization's, or its subsidiaries' or affiliates', registered and unregistered trademarks. The Miss America Organization is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of The Miss America Organization, or its subsidiaries or affiliates, that may be referred to on the Web Site are the property of The Miss America Organization, or one of its subsidiaries or affiliates. Other parties' trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of The Miss America Organization's, or its subsidiaries' or affiliates', trademarks or service marks without The Miss America Organization's prior written permission. The Miss America Organization aggressively enforces its intellectual property rights. Neither the name of The Miss America Organization, its subsidiaries or affiliates, nor any of The Miss America Organization other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without The Miss America Organization's prior written permission, except that a third party Web site that desires to link to the Web Site and that complies with the requirements of Paragraph 6(b) above may use the name “The Miss America Organization” in or as part of that link.
8. LOCAL LAWS. The Miss America Organization makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. The Miss America Organization is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without reference to conflict of laws principles. Y ou agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
9. AVAILABILITY. Information that The Miss America Organization publishes in the Web Site may contain references or cross-references to products, programs or services of The Miss America Organization, its subsidiaries or affiliates, that are not necessarily announced or available in your area. Such references do not mean that The Miss America Organization, or any of its subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact The Miss America Organization for information regarding the products, programs and services that may be available to you, if any.
Your Consent To This Agreement
By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms . If we decide to change these Terms , we will make an effort to post those changes on the Web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by e-mail or by sending your comments to:
The Miss America Organization
Two Miss America Way, Suite 1000
Atlantic City, New Jersey 08401
Attn: Customer Care – Web Site Issues