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This Website and any Third Party Site (see “Disclaimer of Endorsement/Linked Sites,” below) may contain content provided by advertisers or other third parties that may not be suitable for children. SUNSHINE MEDIA asks parents or legal guardians to assist SUNSHINE MEDIA by supervising the activities of children at the Website. SUNSHINE MEDIA does not knowingly collect personal information from children through the Website.
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Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE INTERNET GENERALLY. SUNSHINE MEDIA ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY CONTENT, INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, LINKED TO, DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE. IN NO EVENT SHALL SUNSHINE MEDIA OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM BUSINESS INTERRUPTION OR LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (B) ANY CONTENT, INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, (D) ANY TRANSACTIONS ENTERED INTO ON OR THROUGH A THIRD PARTY SITE OR AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR CONTENT OR IN CONNECTION WITH THIS WEBSITE OR (E) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER SUNSHINE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL SUNSHINE MEDIA OR ITS AFFILIATES BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT, MATERIALS, OR INFORMATION ON THE WEBSITE OR ON ANY THIRD PARTY SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SUNSHINE MEDIA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, OTHER PARTNERS, EMPLOYEES, AND THIRD PARTIES AFFILIATED WITH SUNSHINE MEDIA HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (a) USER CONTENT YOU SUBMIT, POST TO, TRANSMIT, OR RELAY THROUGH THE WEBSITE; (b) YOUR USE OF THE WEBSITE; (c) YOUR VIOLATION OF THIS AGREEMENT; (d) YOUR VIOLATION OF ANY APPLICABLE LAWS, REGULATIONS OR ORDERS; OR(e) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY , INCLUDING WITHOUT LIMITATION, THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.
NO REPRESENTATIONS OR WARRANTIES
Any material on the Website may include technical or other inaccuracies or typographical errors. THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. THIS WEBSITE IS MADE AVAILABLE TO YOU WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. SUNSHINE MEDIA AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY SUNSHINE MEDIA, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR SHAREHOLDERS SHALL CREATE ANY WARRANTY.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER SUNSHINE MEDIA NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY INFORMATION, SOFTWARE OR OTHER CONTENT OR MATERIAL ACCESSIBLE ON, FROM OR THROUGH THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER SUNSHINE MEDIA NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT, ACCURACY, SECURITY, AVAILABILITY, INTEGRITY OR RELIABILITY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY DATA, INFORMATION, CONTENT, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED ON OR THROUGH A THIRD PARTY SITE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR CONTENT ON OR IN CONNECTION WITH THIS WEBSITE, OR ANY TRANSACTIONS ENTERED INTO ON OR THROUGH A THIRD PARTY SITE OR AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION, MATERIAL OR CONTENT OR IN CONNECTION WITH THIS WEBSITE. (4) THE INTERNET GENERALLY. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO REPRESENTATIONS OR WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Disclaimer of Endorsement/Linked Sites
Not Professional Advice
Information provided via the Website is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your state or country. You should always seek independent professional advice in the applicable area before acting on any opinion, advice, or information available on the Website.
Dealing With Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers, promoters or other third parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SUNSHINE MEDIA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website. You agree that you are responsible for all third party charges that you incur while on the Internet.
Changes to This Agreement
Access/Failure to Comply
SUNSHINE MEDIA has the right to terminate, suspend or restrict your access to the Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access the Website. SUNSHINE MEDIA also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.
Information and Content Provided by You
Governing Law and Venue
This Agreement shall be governed and construed in accordance with the laws of the State of Louisiana, without regard to its conflicts of law provisions. You agree that in any legal action or proceeding between you and SUNSHINE MEDIA concerning this Agreement, you agree to submit to exclusive jurisdiction of the state and federal courts located in Baton Rouge, Louisiana and you expressly waive all defenses to jurisdiction.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY USING THE WEBSITE YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES
Last updated as of July 25, 2012