PLEASE READ CAREFULLY PRIOR TO USING OUR WEBSITES
These Terms and Conditions (the “Terms”) govern your use of our websites GameConsoleIndex.com, DaddySteps.net and MixedReviewer.com (collectively, our websites are referred to herein as the “Sites”). Your use of the Sites constitutes a legally binding and enforceable contract between EL SI ES Network, LLC (the “Company”), and you (the
1. License to Access and Use. Access and use of the Sites is limited to the user’s personal use. Any other access to use of the Sites and/or interaction with any content contained on or in the Sites (the “Content”) shall be a violation of the Terms. Copying the Site or the Content through any means whatsoever is hereby prohibited. User represents that User shall not reproduce, distribute, duplicate, copy, sell, resell, or exploit for any purpose any portion of the Sites or the Content.
2. Intellectual Property. User understands and agrees that Company owns (or, where applicable, has licensed from a third party) all right, title and interest in and to the Site and the Content. User agrees the Content constitutes valuable proprietary information protected by applicable intellectual property and other laws and that User has no ownership interest in or right to any such Content or intellectual property by accessing and using the Sites or Content.
3. Offers for Sale Exclusively from Third Parties; Offers Made Without Warranty on As-Is Basis. User understands and acknowledges that the Sites contain certain third party offers, coupons, deals, advertisements, and other solicitations to purchase goods or services (collectively, the “Offers”). User acknowledges that Offers are for products and/or services provided exclusively by third parties (each a “Seller”). Should User choose to purchase an Offer, User acknowledges that its relationship and transaction is solely with Seller, and that Company is not a part of or involved in processing User’s transaction with Seller. While the Company’s platform may help facilitate purchases, all transactions are solely between User and Seller, and should any customer service issues arise, including but not limited to questions about products or services for sale, order status inquires, refund requests, or any other questions, User agrees all such inquiries shall be directed exclusively to Seller. User acknowledges and agrees that Company makes no warranties whatsoever as to the quality of any goods or services or of any Seller, and that all purchases are made on an as-is basis. Company explicitly disclaims the implied warranty of merchantability and of fitness for a particular purpose and any other warranties whatsoever, whether express or implied. No rainchecks are offered by Company for expired or fulfilled Offers, and
Company has no responsibility for Site or Offer availability.
4. Affiliate Relationship. Company has affiliate relationships with certain Sellers, and may receive compensation from User’s purchase with Sellers. Company is not a party to, or in any way responsible for, any transaction User may engage in with any Seller, including when Company has an affiliate relationship with a Seller. Company is not responsible for fulfilling any Offers.
5. Malware & Viruses. Company is not responsible for any malware and/or viruses acquired by User from any of the Sites or any of Sellers’ Sites.
6. User Posted Content. Company may allow Users to post content, including message board postings, photographs, comments, reviews, links, and other materials on the Sites (the “User Content”). All User Content shall comply with all applicable laws and the Terms, and by posting, User represents and warrants that all User Content does not infringe on the intellectual property rights or other legal rights of any third parties. User explicitly grants Company the royalty-free right to reproduce, license, transfer, sublicense, publish, transmit, modify, create derivative works, and distribute the User Content on the Sites and any third party websites across the internet.
7. Indemnification. Use agrees to indemnify, defend, and hold harmless Company, and all of Company’s affiliates, officers, directors, shareholders, members, employees, contractors, licensors, licensees, agents, and representatives from and against any and all liabilities, claims, costs, damages, settlements, and expenses (including but not limited to attorneys’ fees and costs, including expert witness fees and any other litigation expenses) incurred by the Company in any way arising out of or relating to the Terms and/or User’s use of the Sites. Company reserves the right to control defense of any action
subject to indemnification by User, including selection of legal counsel, at User’s sole expense. User agrees to cooperate with Company’s defense of any claim for which Indemnification is sought under the Terms.
8. Termination of Access. Company reserves the right, in its sole discretion, to terminate User’s access to all or part of the Sites, without notice to User and without liability, for any reason, including but not limited to (a) unauthorized use of the Sites; or (b) breach of the Terms; or (c) breach of any agreement between User and the Company. Following termination of access, User continues to be bound by the Terms. Upon termination of access, User agrees to destroy any materials obtained from the Sites. Access will not be restored without Company’s written approval.
9. Changes to Terms. Company reserves the right to amend these Terms at any time and for any reason, and all such changes are effective immediately upon posting a revised version of the Terms on the Sites. User’s use of the Site constitutes a continuing and binding agreement to be bound by the Terms as amended by Company from time to time.
10. Governing Law; Venue. These Terms will be construed and enforced in accordance with the internal laws of the State of Washington. User agrees that Washington has personal jurisdiction over User. User agrees that exclusive venue for any cause of action arising out of use of the Sites or the Terms shall be in King county Superior Court, Seattle, WA.
11. Attorney’s Fees. Should Company institute an action to enforce the Terms, the prevailing party shall be entitled to their reasonable costs and attorney’s fees actually incurred in enforcement action.