Untitled Document

BRACKETZ TERMS OF USE

1.            ACCEPTANCE OF TERMS
Welcome to the Bracketz website.  You are authorized to use the website only if you agree to these Terms of Use.    PLEASE NOTE: Your use of the Bracketz website constitutes your acceptance of these Terms of Use.
We may modify these Terms of Use at any time.  You agree that when we post the modified Terms on this website, we will have given you full notification of the modified Terms.  It is your responsibility to review these Terms from time to time, to see if modifications have been made.  Any modification is effective immediately upon posting on the website.  Your continued use of the website following modification of the Terms shall be conclusively deemed to signify your acceptance of the modification. 

2.            PROPRIETARY WEB SITE
The Bracketz website contains copyrighted material, trademarks and other proprietary information of WonDay Inc. and our business partners, such as text, data, photos, audio, video, graphics, images, music, sound.  You may access this material on the Bracketz website.  However, you may not reproduce, distribute, modify, adapt, create derivative works of, display or in any way exploit the material, in whole or in part, without the advance written consent of WonDay, Inc..

3.            YOUR COMMUNICATIONS
By uploading files of any kind, posting messages, inputting data or engaging in any other form of communication to or through the Bracketz website or to use for use in connection with the Bracketz website (individually or collectively, “Communications”), you represent and warrant that you are the owner of such Communications or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose.  You grant WonDay Inc. and its affiliates and licensees an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit  all or any portion of your Communications, in any and all media now known or later developed.  We have no responsibility or liability for the deletion of or failure to post or store any Communications from you. 

4.            PRIVACY STATEMENT

            For information about our data protection practices, please read the Bracketz Privacy Policy at www.Bracketz.com.  You agree to the use of your data in accordance with the Bracketz Privacy Policy.

5.            LINKS AND CONTESTS
This website may contain contests arranged by third parties, as well as links to web sites owned and operated by parties other than the owners and operators of Bracketz.   The contests and third party websites may include contests, promotions, or other materials.  We have has no control over such third party contests or web sites, we are not responsible for their contents, we  make no representations about any material available at such sites, and we are not responsible for fulfillment of any promises, promotions or agreements from third parties.  Our inclusion of third party content and  links to third party web sites is for your information only and does not imply sponsorship, affiliation or endorsement of the linked site or any material found there.  Once you enter a third party contest or link to another website, you are subject to the terms of use of that website.    

6.            DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEB SITE, (B) ANY WARRANTY THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, AND (C) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  THE ENTIRE RISK AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEB SITE RESTS WITH YOU, AND YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR USE OF SUCH MATERIAL.

7.            LIMITATION OF LIABILITY
WONDAY Inc., ITS AFFILIATES, AND ITS BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (A) THE USE OR INABILITY TO USE THIS WEB SITE, (B) STATEMENTS OR CONDUCT, WHETHER ON-LINE OR OFF-LINE, OF ANY VISITOR TO OF THIS WEBSITE, OR (C) ANY OTHER CONDUCT, ACT OR OMISSION OCCURRING AT THIS WEBSITE.  
8.            ELIGIBILITY           
Use of the Bracketz website is void where prohibited.  You represent that you are of legal age to form a binding contract with WonDay Inc. and are not barred from using this website by the laws of the United States or the country in which you reside.
9.            INFRINGING MATERIAL
In some situations, third parties are permitted to post material on the Bracketz website.  Neither Bracketz nor its affiliates, employees, directors, officers or other related parties are responsible for any third party material.  If you see infringement of your copyright or related rights due to third party material, you should notify us in accordance with U.S. Copyright law at copyright@bracketz.com, or to:

WonDay Inc.
Attn: Bracketz.com Copyright Agent
2325 E. Carson Street
Pittsburgh, PA 15203

10.            GENERAL
These Terms of Use, together with the Bracketz Privacy Policy, constitute the entire agreement between you and this website’s owners and operators and govern your use of this website, superseding any prior or contemporaneous representations or agreements. All disputes arising out of or relating to these Terms of Use or our operation of this website shall be governed by the laws of the State of New York and of the United States without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York, provided that WonDay Inc. shall be entitled to apply for injunctive relief in any jurisdiction.  The failure of any owner or operator of the Bracketz web site to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.