IMPORTANT!!
AwfullyCrazy.com reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the AwfullyCrazy.com service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the AwfullyCrazy.com service. We will always make a reasonable effort to notify you if we do change these Terms.
The AwfullyCrazy.com service is available to persons of any age, however it is at the user’s discretion to deem what is appropriate matter for viewing, also previously suspended or removed users from the AwfullyCrazy.com service by AwfullyCrazy.com are not allowed to continue using our service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE AwfullyCrazy.com SERVICE, YOU REPRESENT THAT YOU ARE AT YOUR OWN DISCRETION FOR MATERIAL’S VIEWED, AND THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE AwfullyCrazy.com SERVICE.
Your privacy is important to AwfullyCrazy.com. AwfullyCrazy.com's Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to AwfullyCrazy.com's collection, use, and disclosure of your personal information.
When using the AwfullyCrazy.com service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
Please note that since we respect artist and content owner rights, it is AwfullyCrazy.com's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please note that AwfullyCrazy.com will promptly terminate without notice any User's access to the AwfullyCrazy.com service if that User is determined by AwfullyCrazy.com to be a "repeat infringer." A repeat infringer is a User who has been notified by AwfullyCrazy.com of infringing activity violations more than twice and/or who has had their content or any other user-submitted content removed from the AwfullyCrazy.com service more than twice. In addition, AwfullyCrazy.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of AwfullyCrazy.com to protect content, AwfullyCrazy.com cannot guarantee that there will be no unauthorized copying or distribution of your content nor will AwfullyCrazy.com be liable for any copying or usage of the content not authorized by AwfullyCrazy.com
AwfullyCrazy.com reserves all rights not expressly granted in this Terms of Service.
AwfullyCrazy.com reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the AwfullyCrazy.com service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
1.0 General Terms Disclaimer
WE TAKE NO RESPONSIBILITY AND DISCLAIM ANY LEGAL LIABILITY FOR THE CONTENT OF ANY UPLOADS WHICH PASS THROUGH THIS SERVER, INCLUDING ANY OF THE EFFECTS OF RUNNING ANY COMMAND YOU DO AS A RESULT OF BEING ON AWFULLYCRAZY.COM. SUCH CONTENT WE DO NOT HOLD RESPONSIBILITY FOR AND ARE NOT LIABLE FOR INCLUDE: ANY PICTURES, VIDEOS, MESSAGES, TESTIMONIALS, OR QUOTES; THESE ARE ALL UNDER THE USER’S DISCRETION, AND WITH THAT THE SPECIFIC USER IS RESPONSIBLE FOR ANY COPY WRITTEN MATERIAL WHICH IS UPLOADED OR POSTED. THIS IS A PRIVATELY OWNED SERVER; THERFORE, YOUR USE OF THIS SERVICE IS A PRIVELLAGE AND NOT A RIGHT. WE, ALSO, RESERVE THE RIGHT TO DENY ANY CONTENT WHICH IS UPLOADED TO AWFULLYCRAZY.COM, INCLUDING ANY USER OR HOST, WITHOUT PRIOR WARNING, NOTICE, OR EXPLANATION. BY USING THIS SERVICE YOU AGREE TO THESE GENERAL TERMS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AWFULLYCRAZY.COM, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AWFULLYCRAZY.COM OR THROUGH THE AWFULLYCRAZY.COM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION, THE TERM AWFULLYCRAZY.COM INCLUDES AWFULLYCRAZY.COM'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT THE USE OF THE AWFULLYCRAZY.COM SERVICE IS AT YOUR SOLE RISK. THE AWFULLYCRAZY.COM SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE AWFULLYCRAZY.COM SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED.
AWFULLYCRAZY.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE AWFULLYCRAZY.COM SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
AWFULLYCRAZY.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AWFULLYCRAZY.COM SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE AWFULLYCRAZY.COM PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES TO PROTECT CONTENT USED BY AWFULLYCRAZY.COM HEREIN ARE USED IN CONJUNCTION WITH THE CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AwfullyCrazy.com OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE AwfullyCrazy.com PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH AwfullyCrazy.com, EVEN IF AwfullyCrazy.com OR AN AwfullyCrazy.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.1 Limitation of Damages
IN NO EVENT WILL AwfullyCrazy.com OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABILE TO YOU FOR ANY DAMAGES, LOSSES, AND-OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE AwfullyCrazy.com PLATFORM OR YOUR INTERACTION WITH OTHER AwfullyCrazy.com USERS.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN AwfullyCrazy.com AND RECEIVED THROUGH OR ADVERTISED ON THE AwfullyCrazy.com PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT AwfullyCrazy.com HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AwfullyCrazy.com, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AwfullyCrazy.com. AwfullyCrazy.com WOULD NOT BE ABLE TO PROVIDE THE AwfullyCrazy.com PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
4.0 Miscellaneous
AwfullyCrazy.com may provide you with notices, including those regarding changes to AwfullyCrazy.com's terms and conditions, by email, regular mail or postings on the AwfullyCrazy.com service. Notice will be deemed given twenty-four hours after email is sent, unless AwfullyCrazy.com is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the AwfullyCrazy.com service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the AwfullyCrazy.com service is deemed given 30 days following the initial posting.
The failure of AwfullyCrazy.com to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AwfullyCrazy.com.
These Terms will be governed by and construed in accordance with the laws of the State of Wisconsin, 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 or AwfullyCrazy.com will be filed only in the state or federal courts in and for Milwaukee County, Wisconsin, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AwfullyCrazy.com without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections A, B, C, D, F-1, F-2, F-3, F-4 and 1-4.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and AwfullyCrazy.com relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by AwfullyCrazy.com as set forth in section “A” above.
YOU AND AwfullyCrazy.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AwfullyCrazy.com PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.