User Agreement

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Your use of the SELFIE WITH A SOLDIER website, having a “home page” located at www.selfiewithasoldier.com (the “Website”), is expressly conditioned upon your acceptance of the following terms and conditions (collectively referred to herein as, the “Agreement”). By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.

OWNERSHIP

This Website and each of its parts, excluding Third Party Content (as defined below), is the copyrighted property of [[SELFIE WITH A SOLDIER, LLC]] (“SWAS”) and/or its various third party merchants, customers, affiliates, providers and distributors. None of the content or data found on this Website may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of SWAS and/or its third party merchants, customers, affiliates, providers and distributors, as applicable. In addition, the trademarks, logos and service marks displayed on this Website (collectively, the "Trademarks") are registered or common law Trademarks of SWAS, its merchants, sponsors, customers, affiliates, providers, distributors, or various third parties. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of SWAS or such other party that may own the Trademarks.

USE OF THIS WEBSITE.

  1. Any unauthorized use of any content or material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such content or material on this Website, including its reproduction, modification, distribution, or republication, without prior written permission of SWAS, or other third party if applicable, is strictly prohibited. The use of such content or material on any other website or in any environment of networked computers is strictly prohibited.
  2. This Website may be used only for lawful purposes. Transmission of any material in violation of any local, state, or federal law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory or constitutes an illegal threat.
  3. SWAS does not accept responsibility for the content, materials and information published by others in this Website, including pictures, videos, or comments published by others through this Website (“Third Party Content”), which is accessible through the Website and does not accept responsibility for the violation of any laws (or any damages to others) resulting from such publication or distribution of Third Party Content.
  4. If any user of this Website interferes with others’ use and enjoyment of the services provided by SWAS, such user shall be deemed to be in violation of this Agreement. Violations of system or network security are prohibited, and may result in criminal and civil liability. SWAS will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
    • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
    • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
    • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
    • Distribution of viruses, worms, Trojan horses and other destructive activities.
    • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting
    • Other activities, whether lawful or unlawful, that SWAS determines to be harmful to its users, sponsors, merchants, customers, affiliates, operations, service providers or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Website.
  5. Using this Website and/or the information contain therein to send unsolicited, commercial advertising is explicitly prohibited.
  6. Although SWAS does not actively review or censor Third Party Content, or other websites which may be accessed from the Website, if SWAS becomes aware that a user of this Website is in violation of this Agreement, or that any Third Party Content violates any terms of this Agreement or is otherwise determined, according to SWAS’s sole discretion, to be defamatory, libelous, or objectionable, SWAS reserves the right to suspend or terminate such user’s access to this Website without notice (and/or to remove such Third Party Content from the Website).
  7. Any party that uploads, publishes, and/or distributes any Third Party Content, including pictures, videos, audio content, and/or other materials that reveal (or may reveal) the identity, image, or likeness of any person, through this Website shall be fully and solely responsible for such Third Party Content. For the avoidance of doubt, any party that uploads, publishes, and/or distributes any Third Party Content, including pictures, videos, audio content, and/or other materials that reveal (or may reveal) the identity, image, or likeness of any person, shall ensure that all persons who can be identified (or who may be identified) within such Third Party Content have granted his/her consent for such Third Party Content to be published and distributed through the Website (with such consent being granted by a legally authorized guardian in the case of any person who is a minor).
  8. In the event that you upload, publish, and/or distribute any Third Party Content through the Website, including without limitation so-called “selfie” pictures, videos, and written commentary that reveal (or may reveal) any person, you shall grant, and hereby grant, to SWAS a fully paid-up, royalty-free, perpetual, irrevocable, worldwide, sublicensable, non-exclusive license to such Third Party Content, for SWAS to copy, reproduce, use, modify, publish, distribute, and exploit for any lawful purpose. You further agree that (a) SWAS will have quiet enjoyment of the Third Party Content and (b) SWAS’s copying, reproduction, use, modification, publication, display, and distribution of such Third Party Content will not infringe, misappropriate, or otherwise violate any copyright, trademark, and/or any other intellectual property right of any third party, nor will it violate any person’s rights to privacy or rights to publicity.

AGE AND RESPONSIBILITY.

You represent and warrant that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you and those using this Website on your behalf.

USER INFORMATION.

SWAS reserves the right to collect, maintain, and use information that your web browser provides to SWAS’s web server, including without limitation the website from which you linked to the Website, the identity of your Internet Service Provider, or the type of browser you are using. SWAS may use such information in an aggregated form, such as to measure the usefulness and popularity of our Website.

LIMITATION OF LIABILITY.

SWAS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEOS, OR AUDIO CONTENT FROM THE WEBSITE. IN NO EVENT SHALL SWAS OR ANY THIRD PARTY SPONSORS, MERCHANTS, CUSTOMERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY SWAS OR ANY THIRD PARTY MERCHANTS, CUSTOMERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

LINKS.

While using this Website, you may choose to link to third party websites that are not affiliated with SWAS. SWAS is not responsible for the contents of these third party websites, or any subsequent links, and has no control over the contents therein. For this reason, SWAS does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of SWAS, and SWAS does not endorse the contents of such third party websites in any way. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites, you do so at your own risk.

VIOLATIONS OF THIS AGREEMENT.

In the event you violate or attempt to violate any part of this Agreement, SWAS reserves the right to terminate your access to this Website immediately, in its sole discretion, with or without notice of any kind. SWAS also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this Website.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless SWAS and its affiliates, officers, directors, employees, representatives and its third party sponsors, merchants and customers from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees and expenses) arising from your use of this Website and/or breach of this Agreement, regardless of the nature of the cause of action or claim.

RESERVATION OF RIGHTS

Any and all rights not expressly granted to you in this Agreement are hereby reserved by SWAS.

GOVERNING LAW.

This Agreement and its performance shall be governed by the laws of the State of Missouri, United States of America, without regard to its conflict of laws provisions.

ASSIGNMENT.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. SWAS may assign this Agreement to any purchaser of all or substantially all of its assets or business to which this Agreement relates.

MODIFICATION.

SWAS may at any time amend and modify this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.

ADDITIONAL TERMS.

Additional and/or different terms and conditions may apply to purchases of SWAS’s goods and services and other uses of portions of this Website. If applicable, you agree to abide by such other terms and conditions.

SEVERABILITY.

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

PRIVACY POLICY.

This Agreement further incorporates by reference the terms and conditions of SWAS’s Privacy Policy, which may be accessed here.