1. General

Welcome to the Terms of Use (the “Terms”) for the Super Soaper website, together with any related Super Soaper Internet properties, and their respective content, products and services. Super Soaper is offered to you, the user (“you” or “User”), conditioned on acceptance of the terms, conditions, and notices contained in these Terms. Please read the following Terms carefully before using Super Soaper so that you are aware of your legal rights and obligations with respect to Super Soaper and its affiliates and subsidiaries and any of their respective successors and assigns (collectively, “we”, “us”, “our” or “Super Soaper”). By using Super Soaper you are agreeing to be bound by and comply with these Terms.

Please be aware that we have the right to change the Terms at any time, with or without notice to you, by posting amended Terms on this Super Soaper webpage. Your continued use of Super Soaper will indicate your agreement to be bound by the changed Terms. We recommend that you visit this webpage periodically to review the most current Terms. Super Soaper is not intended for use by children under the age of 13. By using Super Soaper, you represent that you are age 13 or over.

2. Use of Super Soaper

Your use of Super Soaper is governed by the Terms. Super Soaper reserves the right to terminate or restrict your access to Super Soaper without prior notice for any or no reason.

3. Copyright

The information on Super Soaper, including, without limitation, all design, text, images, press releases, and other information, is protected under United States and other copyright laws and is owned by Super Soaper or used under license from or otherwise authorized by the copyright owner. Unless otherwise specified or agreed to by Super Soaper, you may print, copy and download any information or portion of Super Soaper for your personal use only. You may not modify, copy, reproduce, transmit, display, perform, distribute, transfer, rent, sublicense, publish, frame, store for subsequent use, create derivative works from, translate, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, products or services obtained from Super Soaper, except for the purposes expressly provided herein, without Super Soaper prior written consent. If you copy or download any information from Super Soaper, you agree that you will not remove or obscure any copyright or other notices or legends contained in such information. Super Soaper neither warrants nor represents that your use of materials displayed on Super Soaper will not infringe rights of third parties not owned by or affiliated with Super Soaper. Any unauthorized use of any materials on Super Soaper may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that Super Soaper will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.

4. Trademarks

Super Soaper will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of the advertisers on Super Soaper. Further, you understand and agree that Super Soaper may provide links to other Internet websites or resources. Such links are meant solely for our users’ convenience. Because Super Soaper has no control over any external websites and resources, you acknowledge and agree that Super Soaper is not responsible for the availability of such external websites or resources, and does not sponsor or endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Accordingly, Super Soaper does not make any representations concerning the privacy practices or terms of use of such websites, nor does, nor does Super Soaper control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such websites. You further acknowledge and agree that Super Soaper will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access any of the third party websites linked to Super Soaper, you do this entirely at your own risk.

The trademarks, logos, and service marks displayed on Super Soaper (collectively the “Trademarks”), are trademarks of Super Soaper. Nothing contained on Super Soaper should be construed as granting you any license or right to use any of the Trademarks for any purpose whatsoever, including, but not limited to, use of the Trademarks as metatags on other websites or in keyword advertising, without Super Soaper’s prior written consent. Unauthorized use of any of the Trademarks is strictly prohibited.

5. Linking

Notwithstanding the preceding paragraphs, you may be granted a limited, nonexclusive right to create a hyperlink to Super Soaper provided (i) you give Super Soaper notice of such link by writing hello “at” Super Soaper, (ii) Super Soaper confirms in writing that you may establish the link, (iii) you do not remove or obscure the copyright notice or other notices on Super Soaper, (iv) such link does not portray Super Soaper or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and (v) you immediately discontinue providing a link to Super Soaper if so requested by Super Soaper. You may not use a Super Soaper logo or other proprietary graphic or trademark of Super Soaper to link to Super Soaper without the express written permission of Super Soaper. Super Soaper reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” Super Soaper or any of its content or copy portions of Super Soaper to a server. Except as otherwise consented to in writing by Super Soaper, each page within Super Soaper must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within Super Soaper.

6. Unauthorized Use of Super Soaper

In using Super Soaper and any of the content contained therein, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to, (i) use Super Soaper for any unlawful purpose, (ii) impersonate any person or entity, or falsely state or otherwise misrepresent your own identity, (iii) take any steps to interfere with or in any manner compromise or circumvent any of Super Soaper’s privacy or security measures, (iv) take any action to block access to Super Soaper (in whole or in part) by other users, (v) use Super Soaper to provide fraudulent or inaccurate information or otherwise for fraudulent purposes, or (vi) harvest or collect any information about or regarding other Super Soaper users, including, without limitation, any personal data or information. Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in Super Soaper is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of Super Soaper or any of its respective content. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, transmission or activation of computer viruses, or attempts to decompile, reverse engineer, disassemble, modify or hack Super Soaper, or to defeat or overcome any encryption and/or digital rights management technology implemented by Super Soaper with respect to Super Soaper, and/or data transmitted, processed or stored by Super Soaper. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of or use of Super Soaper, except as expressly permitted by the Terms. Should any content or any user or other party be found or reported to be in violation of the preceding or any other Terms, the determination as to what, if any, action should be taken will be in Super Soaper’s sole discretion, subject to any requirements of applicable law. In using Super Soaper, you expressly consent to administrative monitoring at all times by the server admin and/or the server hosting data center and its authorized agents and contractors. You are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you do not wish to consent to monitoring, you should immediately cease using Super Soaper.

7. Special Warning for International Use

Recognizing the global nature of the Internet, you further agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. Super Soaper Communications

In the course of providing you with Super Soaper, Super Soaper may need to communicate with you via email. You agree to receive emails that are necessary for the normal functioning of Super Soaper.

9. Advertisers and Third Party Links

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Super Soaper, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely and entirely between you and the advertiser. 

10. Modification or Termination of Super Soaper

Super Soaper reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, Super Soaper (in whole or in part) with or without notice to you. You agree that Super Soaper will not be liable to you or to any third party for any modification, suspension or discontinuance of Super Soaper. Without limiting the generality of the foregoing, you acknowledge and agree that Super Soaper will have no liability to you or any third party for any technical delays or disruptions in Super Soaper.

11. Indemnification

By accepting these Terms, you agree to indemnify and otherwise hold harmless Super Soaper, its members, officers, employees, agents, co-branders or other partners, subsidiaries and affiliates from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys’ fees) due to or arising from (a) your use of Super Soaper, (b) your violation of the Terms or any rights of another, (c) unauthorized access to or alteration of your communications with or through Super Soaper, and/or (d) any other matter relating to Super Soaper.

12. Disclaimer of Warranties

You expressly understand and agree that your use of super soaper is at your own risk and that super soaper is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, super soaper expressly disclaims all warranties of any kind, whether express or implied, arising by statute or otherwise in law or from a course of dealing or usage or trade, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Super soaper makes no representations or warranties, of any kind, either express or implied, (i) as to the operation of super soaper, the information, content, materials or products included on super soaper, (ii) that super soaper will be uninterrupted or error-free, (iii) as to the accuracy, reliability or currency of any information, content, service or merchandise provided through super soaper, (iv) or that super soaper and/or the server that makes same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components, or that any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of super soaper is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Super soaper may contain typographical errors or inaccuracies and may not be complete or current. Therefore, super soaper reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. No advice or information, whether oral or written, obtained by you from super soaper or through or from super soaper shall create any warranty not expressly stated in these terms. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

13. Limitations on Liability

You expressly understand and agree that super soaper shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if super soaper has been advised of the possibility of such damages), resulting from any matter relating to super soaper, or your use of or inability to use super soaper. Your sole and exclusive right and remedy with respect to any problems or dissatisfaction with super soaper or super soaper is to discontinue any use of super soaper. The limitations of liability provided in the terms inure to the benefit of us, our affiliates and all of our respective officers, directors, employees, agents, successors and assigns. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of super soaper under such circumstances for liabilities that otherwise would have been limited shall not exceed fifty dollars (us$50).

14. User Materials

Any material or information sent by you through or in connection with Super Soaper and any content, products or services contained or marketed therein (including testimonials, remarks, questions, comments, ideas, graphics or other information) will be treated as non-confidential, non-proprietary, and will immediately become the property of Super Soaper, except as otherwise provided in the Terms. Super Soaper may use such materials as it seems fit, anywhere in the world, without obligation for compensation, and free of any moral, intellectual property or other rights to such information and materials. In addition, you acknowledge and agree that you have full responsibility for any information and materials you submit to us, including its legality, reliability, appropriateness, originality and copyright.

15. Disclaimer of Association With User

You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and Super Soaper or its authorized agents or contractors as a result of the Terms or use of Super Soaper. You agree not to hold yourself out as a representative, agent, or employee of Super Soaper. None of Super Soaper, its authorized agents or contractors shall be liable for any representation, act or omission by you.

16. Super Soaper Privacy Policy

All user information submitted through Super Soaper and certain other information about you is subject to our Privacy Policy, the terms of which (as the same may be updated from time to time) are hereby incorporated into the Terms in their entirety by reference. 

17. Entire Agreement

These Terms constitute the entire agreement between you and Super Soaper and govern your use of Super Soaper, superseding any prior agreements, oral or written, between you and Super Soaper (including any prior versions of the Terms).

18. Governing Law/Venue

The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of Super Soaper to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Super Soaper may provide notices of changes to the Terms, additional terms of service or other matters by displaying notices or links to notices to you generally on or through Super Soaper. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. Super Soaper performance of the Terms is subject to existing laws and legal process and nothing contained in the Terms is in derogation of Super Soaper right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by Super Soaper with respect to such use.