"5 YEARS OF FAMILY" TERMS OF USE
Effective Date: July 31, 2017
1. Overview
This Terms of Use (“End User Terms”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("GoDaddy") and you, and is made effective as of the date of electronic acceptance. This End User Terms sets forth the terms and conditions of your participation in GoDaddy’s “5 Years of Family” campaign (“Campaign”) to share your story, opinion, experience and/or other information (“Content”) about a GoDaddy product or service.
Your electronic acceptance of this End User Terms signifies that you have read, understand, acknowledge and agree to be bound by this End User Terms, along with GoDaddy’s Universal Terms of Service Agreement and Privacy Policy, which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to GoDaddy. The terms “you”, “your”, “End User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These End User Terms may be subject to change from time to time. If there is a material change to these End User Terms, we will notify you here by indicating a new effective date at the top of this page. We encourage you to refer to these End User Terms on an ongoing basis.
2. Basic Termsa. You attest that any Content, contact information including your name and business name ("End User Information"), or any other information you submit through your participation in the Campaign are candid, true, and up to date, and that any Content you submit is your own. You may not post information that you know to be false or inaccurate.
b. Any Content or End User Information that you submit to GoDaddy may be used by GoDaddy in accordance with our Privacy Policy. GoDaddy may share all Content for any lawful purpose, including but not limited to publishing your Content across other media for promotional or marketing purposes, communicating with you directly to fulfill requests, contacting you about products and services that may be of interest, improving GoDaddy products and services, and complying with legal obligations, in accordance with our policies.
c. You may not submit, share, post or transmit any Content or other information which violates or infringes the rights of others, including without limitation any material that (a) may be abusive, indecent, threatening, obscene, harassing, violent, defamatory, libelous, fraudulent, or otherwise objectionable; (b) encourages or otherwise promotes conduct that would constitute a criminal offense or give rise to civil liability; (c) contains a computer virus, Trojan horse, time bomb or other malicious code of any kind which is designed or otherwise intended to interfere or otherwise limit the computer network functionality of another or compromise the Campaign (d) violates any privacy, intellectual property or proprietary right of another; (e) is unlawful or (f) is an advertisement or solicitations of business.
d. Any attempt to deliberately interfere with Campaign, damage any website or undermine the administration, security or legitimate operation of the Campaign, is a violation of criminal and civil laws, and GoDaddy reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning End User from this and future GoDaddy campaigns.
3. General Conditionsa. GoDaddy reserves the right to modify these terms and condition, or to change, interrupt, or stop the Campaign either for a period of time or permanently with or without notice.
b. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these End User Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
c. LIMITATION OF LIABILITY: By participating in the Campaign, you confirm your understanding of and compliance with these End User Terms. You hereby release GoDaddy, Facebook, Inc., and its subsidiaries, affiliates, divisions, officers, employees, or any third party acting with or on behalf of GoDaddy in relation to the Campaign (collectively, “Released Parties”) from any and all liability for any cost, claim, loss, injury, or damage of any kind (including, without limitation, any special, incidental or consequential damages) resulting from participating in the Campaign. You agree to indemnify, defend, and hold harmless the Released Parties from any and all claims by third parties relating to the Campaign, without limitation. None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind including, without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an End User, or any other person's computer equipment resulting from an attempt to either participate in the Campaign or download any information in connection with participating in the Campaign or use of any website or software, unless such liability or loss is due to GoDaddy’s negligence. Without limiting the foregoing, the website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
d. GOVERNING LAW: Campaign will be exclusively governed by Arizona law. All disputes arising in connection with the Campaign, including but not limited to disputes concerning the existence and validity thereof, will be resolved by the competent courts in Maricopa County, Arizona, U.S.A and each End User consents to the jurisdiction of such courts.