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Damn Good Name

a Division of Ballyhoo, Inc.

These TERMS OF USE applies to web site owned and operated by Ballyhoo, Inc and all of the Internet accessible Ballyhoo, Inc branded services, Ballyhoo, Inc maintains this web site as a convenience to our customers. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by the following terms of use and to comply with all applicable laws and regulations. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

General

The content, information, graphics, design, compilation, products, software, services and all other matters related to this web site ("Materials") are protected by law, including, but not limited to, U.S. Copyright law and international treaties. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These terms of use shall be treated as though they were performed in Houston, Texas. Any claim relating to, and the use of, this web site and the Materials contained herein, are governed by the laws of the State of Texas, without regard to conflict of law principles and by accessing the Materials you submit to the personal jurisdiction of the State and Federal Courts located in Ft Bend County, Texas, USA. The invalidity or unenforceability of any provision of these terms of use will not affect the validity or enforceability of any other provision of these terms of use. Ballyhoo, Inc reserves the right to modify or to terminate your use of our site without notice if you fail to comply with any term of these terms of use as we may determine in our sole discretion. Upon termination, you must destroy all Materials and any copies obtained from this web site. Your right to use the web site is not transferable. Any password or right given to you to obtain Materials is not transferable. Except as set forth the "Use of Software and Data" Section below, these terms of use contain our entire understanding relating to the use of this web site and supersede any prior written or oral agreement or understandings between us with respect to this web site, and cannot be changed or terminated except in writing by an authorized representative of Ballyhoo, Inc. Nothing on this web site is intended to be, nor should be construed as an offer to sell or market securities.

Modification

Ballyhoo, Inc reserves the right in its sole discretion to modify or delete any Material appearing on the web site or to terminate this web site without notice. Ballyhoo, Inc may in the future alter or add to these Terms of Use, but cannot guarantee that you will receive notice. Accordingly, you agree to check this part of our site from time to time to see if there has been a change.

Copy and Use Restrictions

This web site is owned and operated by Ballyhoo, Inc, which owns or licenses, or has the right to display, all the Material provided on this web site. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Ballyhoo, Inc or the copyright, trademark and/or service mark owner. Permission is granted to display, copy, distribute and download the Materials for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. Any unauthorized use of any Material contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Materials for conducting unwanted solicitations or communications via email, electronic link, or otherwise, or for disseminating any information that is unlawful, pornographic, and libelous.

UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ARE FURNISHED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. BALLYHOO, INC MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE MATERIALS. BALLYHOO, INC SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BALLYHOO, INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE. IN NO EVENT WILL BALLYHOO, INC BE LIABLE FOR ANY INDIRECT DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE SERVICES PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BALLYHOO, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF BALLYHOO, INC WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEB SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You hereby agree to indemnify and hold BALLYHOO, INC harmless for any and all costs, damages, expenses, liabilities or obligations (including defense costs and attorneys fees) that it may incur as a result of claims asserted against it by any third party that directly or indirectly arise or otherwise relate to your access to and use of the Materials, including without limitation your failure to comply with the terms of this Agreement.

Links to Third Party Sites

BALLYHOO, INC may provide links to third-party sites. BALLYHOO, INC does not control the linked sites and BALLYHOO, INC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. BALLYHOO, INC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BALLYHOO, INC of the site. If you decide to leave our web site and access these third-party sites, you do so at your own risk.

Copyright & Trademark

The Materials contain copyrighted, trademarked, and/or service marked animations, photographs, images, videos, text, music and sounds. Nothing on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials, without the prior written permission of the copyright, trademark and/or service mark owner. BALLYHOO, INC will enforce its intellectual property rights to the fullest extent of the law. The name of BALLYHOO, INC or the BALLYHOO, INC logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this web site, without prior written permission. BALLYHOO, INC prohibits use of the logo as an electronic link to any BALLYHOO, INC site unless establishment of such a link is approved in advanced by BALLYHOO, INC in writing.