THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND DAFFY'S AND GOVERN YOUR ACCESS TO, AND USE OF, THE DAFFY'S WEBSITE LOCATED AT WWW.DAFFYS.COM (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. DAFFY'S MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND DAFFY'S CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE. YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES.
Daffy's provides content and services through this Site. The information, documents, products and services provided on and through this Site, including content, logos, graphics, advertisements, testimonials, opinions, advice, statements, demonstrations, information and images (together, the "Materials") are provided to you by Daffy's and are the copyrighted or trademarked work of Daffy's or Daffy's' contributors or suppliers.
Daffy's grants you a limited, personal, non-exclusive and non-transferable license to use this Site solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
Your use of this Site is governed by the Daffy's Privacy Policy, which is available here (the "Privacy Policy").
Certain information and content, such as customer testimonials, recommendations, customer experiences and the like, may be provided by third party contributors and suppliers to Daffy's, as indicated on the Site. As between you and the third party, the Third Party Content is, in each case, the copyrighted, trademarked or proprietary work of the third party. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
This Site may be linked to other world wide websites that are not Daffy's Sites. Daffy's is providing these links to you only as a convenience, and Daffy's is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites or for such sites' terms or privacy policies.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate applicable laws and regulations. You agree to indemnify and hold Daffy's and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Daffy's or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
With respect to any information you transmit, or make available for access by others, using this Site (hereafter, "Submissions"), you grant Daffy's an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereafter devised, for any purpose, and you waive all applicable moral rights and rights of publicity. You also grant to Daffy's the right, at its sole discretion, to use your name in connection with the submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Materials. Daffy's reserves the right to display advertisements in connection with your Submissions. Daffy's is not required to host, display, or distribute any Submissions, and may remove at any time or refuse any Submissions. Daffy's is not responsible for any loss, theft or damage of any kind to any Submissions. You represent and warrant that: (a) you own all rights in your Submissions (including, without limitation, all rights to the audio, video, or digital recording, and the performances contained in your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to Daffy's the rights in your Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions; (c) you are the individual pictured or heard in your Submissions, or, alternatively, you have obtained permission, including all relevant publicity, moral and performance rights, from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears or is heard in your Submissions to grant the rights described herein, and you will provide a copy of such permissions to Daffy's upon request; and (d) your Submissions do not infringe the intellectual property rights (including but not limited to copyright and trademark), privacy, or any other legal or moral rights of any third party, law or regulation. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available upon the request of Daffy's. Daffy's makes no guarantee as to the accuracy, reliability or safety of any content of any particular Submission and is not responsible for Submissions. Information and materials posted by you and by others is considered non-confidential. Daffy's does not monitor all submissions to the Site, but reserves the right to do so and to remove anything in its sole discretion.
YOU SPECIFICALLY ACKNOWLEDGE THAT DAFFY'S SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You affirm that you are at least 13 years old and are competent to accept the terms herein. If you are a child under the age of 13, do not use this service. If you are over the age of 13 but under the age of 18, you affirm that you have obtained your parent's or legal guardian's consent after such parent or guardian has reviewed the terms herein.
Daffy's respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Daffy's copyright agent the following written information:
Daffy's copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Daffy's Manager of Site Security & Copyright Infringement, Daffy's Way, Secaucus, NJ 07094 Phone: (201) 902-0800 Fax: (201) 902-9016 E-mail: copyright@daffys.com
Daffy's is a trademark of Daffy's Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, as between you and Daffy's, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Daffy's, Copyright 2011 Daffy's Inc., or its suppliers. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
Your use of this Site is at your own risk. Daffy's does not warrant that the Materials and Third Party Content have been verified or authenticated in whole or in part by Daffy's, and they may include inaccuracies or typographical or other errors. Daffy's does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. Daffy's has no liability for any errors or omissions in the Materials or the Third Party Content, whether provided by Daffy's or its licensors.
DAFFY'S, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT. BY WAY OF EXAMPLE AND WITHOUT LIMITATION, DAFFY'S MAKES NO WARRANTY RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR PRESENTED ON THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
DAFFY'S SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT FROM THIS SITE. IN NO EVENT SHALL DAFFY'S BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF DAFFY'S KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF THE FOREGOING WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, THEN SUCH EXCLUSIONS AND LIMITATIONS SHALL REMAIN IN EFFECT TO THE GREATEST EXTENT PERMITTED BY LAW.
Daffy's controls and operates this Site from its headquarters in the United States of America and the Materials or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, Daffy's may terminate or suspend your access to this Site without notice. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. New Jersey law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in New Jersey. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Daffy's' failure to enforce any of these Terms is not a waiver of such term. The Terms and Privacy Policy are the entire agreement between you and Daffy's and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Daffy's about this Site.