NOTE: This document also covers "Terms of Posting".
PuzzleShow! System Terms, Conditions and Notices
Welcome to the PuzzleShow.com System, a part of an internet based information exchange system, which includes (but is not limited to) the System, newsletters, blogs, etc. (the “SYSTEM”). This System is provided solely to assist users in exchanging information, posting opinions, engaging in interactive forums and for no other purposes. The terms “we”, “us”, “our” and “PuzzleShow!” refer to PuzzleShow.com, an internet based information exchange system (the "System") owned by Konamedia, Inc. The term “you” refers to the users visiting the System and/or contributing content toward the System.
This System is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this System in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this System. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of the System signifies your acceptance of the updated or modified Agreement.
USE OF THE SYSTEM
As a condition of your use of this System, you warrant that (i) all information supplied by you is true, accurate, current and complete, (ii) if you have a PuzzleShow.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account and contribute to our content. PuzzleShow! does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this System and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this System (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this System. Additionally, you agree not to:
(i) use this System or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this System using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this System or bypass or circumvent other measures employed to prevent or limit access to this System;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this System for any purpose without our express written permission; or
(vi) "frame", "mirror" or otherwise incorporate any part of this System into any other System without our prior written authorization.
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PuzzleShow! in connection with the System or the services
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this System by electronic mail, postings on this System or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant PuzzleShow! and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that PuzzleShow! may choose to provide attribution of your comments or reviews at our discretion. You further grant PuzzleShow! the right to pursue at law any person or entity that violates your or PuzzleShow! rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If PuzzleShow! provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including PuzzleShow!;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of PuzzleShow!, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose PuzzleShow! or its affiliates or its users to any harm or liability of any type.
PuzzleShow! takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PuzzleShow! liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, PuzzleShow! is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although PuzzleShow! has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, PuzzleShow! reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by PuzzleShow! or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release PuzzleShow!, and its licensees, successors and assigns, from any claims that you could otherwise assert against PuzzleShow! by virtue of any such moral rights.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SYSTEM MAY INCLUDE INACCURACIES OR ERRORS. PuzzleShow!, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "PuzzleShow! MEDIA GROUP COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOMES, PROPERTIES, AMENITIES, OFFERS, DISPLAYED ON THIS SYSTEM (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.).
THE PuzzleShow! MEDIA COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SYSTEM FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SYSTEM DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE PuzzleShow! MEDIA COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE PuzzleShow! MEDIA COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SYSTEM, ITS SERVERS OR ANY EMAIL SENT FROM THE PuzzleShow! MEDIA COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PuzzleShow! HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL PuzzleShow! MEDIA GROUP COMPANIES (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SYSTEM OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SYSTEM (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SYSTEM; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SYSTEM; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SYSTEM) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PuzzleShow! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of PuzzleShow! Media Group Companies.
You agree to defend and indemnify PuzzleShow! and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this System.
LINKS TO THIRD-PARTY SITES
This System may contain hyperlinks to Systems operated by parties other than PuzzleShow!. Such hyperlinks are provided for your reference only. We do not control such Systems and are not responsible for their contents or the privacy or other practices of such Systems. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this System or other Systems) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Systems does not imply any endorsement of the material on such Systems or any association with their operators. In some cases you may be asked by a third party site to link your profile on PuzzleShow! to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS SYSTEM
Unless otherwise specified, the materials on the Systems are presented solely to provide information regarding and to promote PuzzleShow!’s services, Systems, partners and other products available in the United States, its territories, possessions and protectorates. The PuzzleShow! Systems are controlled and operated by Konamedia, Inc.from its offices in the state of Hawaii in the United States. PuzzleShow! makes no representation that materials on the PuzzleShow! Systems are appropriate or available for use outside the United States. Those who choose to access the PuzzleShow! System from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the PuzzleShow! Systems is further subject to United States export controls. No software from the PuzzleShow! Systems may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the PuzzleShow! Systems, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the PuzzleShow! Systems ("Software") is the copyrighted work of PuzzleShow!, or PuzzleShow! Affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this System not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this System in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this System, is owned by PuzzleShow!, and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but PuzzleShow!, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this System are: ©2010 Konamedia, Inc. All rights reserved. PuzzleShow! is not responsible for content on Systems operated by parties other than PuzzleShow!. PuzzleShow!, the logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of PuzzleShow!, and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PuzzleShow! or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PuzzleShow! and may not be copied, imitated or used, in whole or in part, without the prior written permission of PuzzleShow!. All other trademarks, registered trademarks, product names and company names or logos mentioned in the System are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PuzzleShow!.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of either your brand or our brand, please let us know by using our contact form.
This System is operated by a U.S. entity and this Agreement is governed by the laws of the State of Hawaii, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Hawaii, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this System. You agree that all claims you may have against PuzzleShow!, arising from or relating to the System must be heard and resolved in a court of competent subject matter jurisdiction located in the state of Hawaii. Use of this System is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the PuzzleShow! Media Group Companies and/or Affiliates as a result of this Agreement or use of this System.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this System or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this System within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and PuzzleShow! with respect to this System and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and PuzzleShow! with respect to this System. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this System are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For answers to your questions or ways to contact us, visit our contact form. Or, you can write to us at:
c/o Konamedia, Inc.
P.O. Box 2332
Kailua-Kona, HI 96785, USA
©2011 PuzzleShow!. All rights reserved.