1. General: All software, documentation and any content accessed through the software you are about to use on MyFear Zapper (collectively, “The Software”) are protected by United States and international laws, including copyright laws and treaties. Empowering Innovations LLC, their affiliates and any subsidiary companies, and their licensors (collectively, “Empowering Innovations”, “we”, “us”, or “our”) own all right, title and interest to The Software.
2. Use of Content: All information, materials, functions and other content on the MyFear Zapper site are our copyrights property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the MyFear Zapper site or delete content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no content from the MyFear Zapper site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the MyFear Zapper site, except that where the MyFear Zapper site is configured to enable the download of particular content, you may download such content to a single computer for your personal, noncommercial home use only, provided you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the content, and do not use the content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the MyFear Zapper site is prohibited.
3. Title Not Transferred: These terms do not transfer title to The Software to you. The rights granted herein are limited to certain of Empowering Innovations LLC and its licensor’s rights and do not include any other patents or other intellectual property rights. Empowering innovations LLC and its licensors retain full and complete title to The Software and all intellectual property rights therein.
4. License and Restrictions: Empowering Innovations LLC hereby grants you a non-exclusive license use of The Software on the MyFear Zapper website for personal, non-commercial use only. Empowering Innovations LLC may configure The Software with certain tags that identify the version of The Software being used, which permit Empowering Innovations LLC to update this version without further notice to you. Empowering Innovations LLC shall have the right to poll your user account for the purpose of adding updated versions of The Software or to delete such version automatically.
You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy The Software; b) modify, translate or create derivative works based on The Software; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Software to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software that incorporates The Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge The Software is not intended for use in connection with any high risk or strict liability activity and Empowering Innovations LLC makes no warranty and shall have no liability in connection with the use of The Software in any such situations.
5. No Warranty: THE SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY TO THE FULLEST EXTENT PERMISSABLE PURUSANT TO APPLICABLE LAW. EMPOWERING INNOVATIONS LLC DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MYFEAR ZAPPER SITE OR THE OTHER SITES OF EMPOWERING INNOVATIONS LLC (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILBLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR EFFECTIVENESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER ON WHICH THE SOFTWARE IS ACCESSED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMPOWERING INNOVATIONS LLC OR MYFEAR ZAPPER OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
6. Indemnification: You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. Jurisdiction: We operate from offices located in Milford, OH USA. We make no representation that The Software is appropriate or available for use in any particular location. Those who choose to use The Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
9. Termination: These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of The Software and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by Empowering Innovations LLC. You may terminate these terms at any time by discontinuing use of The Software and canceling your user account.
10. Export Law Assurances: You agree not to use or otherwise export or re-export The Software except as authorized by United States law and the laws of the jurisdiction in which The Software was obtained. Without limitation to the foregoing, The Software may not be exported or re-exported (a) into (or to a national resident of) any United States embargoed countries or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By using The Software, you represent and warrant that you are not located in, under control of, or a national resident of ay such country or on any such list.
11. Use of User Submitted materials: By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you’re under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Empowering Innovations LLC a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
13. Entire Agreement: These terms shall be governed by and construed in accordance with the laws of the state of Ohio, USA without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed in the courts of Clermont County, Ohio.