The terms "We" and "Us" refer to Wild Noodle Corporation, a Washington corporation doing business as Wild Noodle.
Acceptance of the Wild Noodle Terms
- Your access to Wild Noodle is subject to these Terms. We reserve the right to update and change these Terms from time to time without notice or acceptance by You, although if we decide to materially change all or part of the Terms, we will send You a notification through the Wild Noodle site. Such modified Terms will become effective upon the earlier of (i) Your continued use of Wild Noodle after We send a notification to You through the Wild Noodle site; or (ii) thirty (30) days from publication of such modified Terms on this page.
Account Information; Access.
- Wild Noodle is not available to persons under the age of thirteen (13) or to anyone suspended or removed from Wild Noodle. By using Wild Noodle, You represent and warrant that You are at least thirteen (13) years of age and that You are of legal age to form a binding contract in Your place of residence, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
- We reserve the right to refuse registration of, or cancel, any Wild Noodle Account or access to Wild Noodle by anyone in Our reasonable discretion, at any time.
- Wild Noodle Accounts will be accessed through a username and password that You will create (Your “Credentials”). Your Credentials are solely for Your use and must not be shared. Each Wild Noodle online community (each “User”), needs to have his or her own Wild Noodle Account and Credentials. You agree that Your Credentials and information You provide upon registration of Your Wild Noodle Account and at all other times will be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of Your Credentials, and for all activities that occur under Your Wild Noodle Account. You agree to immediately notify Us of any unauthorized use of Your Wild Noodle Account, Credentials, or any other breach of security. You agree that We will not be liable for any loss or damage arising from Your failure to provide Us with accurate information or to keep Your Credentials secure.
- Wild Noodle provides certain features which enable Users to submit, post, and share data, text, software, graphics, messages or other material (“Content”). Content that Users submit, post or share is subject to Terms. Content that You own and post on or through Wild Noodle belongs to You and You may use it in any way, except as prohibited by applicable law or regulations. By using Wild Noodle, You are granting Us permission to use the Content as described in these Terms.
- By using Wild Noodle You are granting Us a nonexclusive, worldwide, royaltyfree, fully paidup, sublicenseable, irrevocable and transferable right and license to use, host, store, reproduce, create derivative works of, distribute, modify, display, and communicate Your Content. If You post Content on or through Wild Noodle, You represent and warrant that You have the right to post the Content and to grant the above rights to Us. This license continues even if You terminate Your Wild Noodle Account and/or stop using Wild Noodle.
- You understand that by posting Your Content that You are responsible for Your Content and any Content that You create, transmit or display while using Wild Noodle, and for any consequences thereof. You further agree that under no circumstances will We be liable for the errors or omissions associated with Your Content. You represent and agree to all of the following and acknowledge We are explicitly relying on such representations and agreement with regard to Your Content and use of Content made available on Wild Noodle:
- The Content represents Your own original work and/or You have all necessary rights to disclose the Content. In doing so, You are not violating the rights of any third party and You know of no other individual or entity whose rights will be infringed or violated by the Content being viewed and used as described in these Terms.
- You agree to use Wild Noodle only for purposes that are legal, proper and in accordance with these Terms. Your disclosure of Your Content does not violate a confidential relationship with any third party or establish a confidential relationship Us.
- You understand that You are responsible for Your Content that You upload, post, email, transmit, or otherwise make available through Wild Noodle. Except as permitted in these Terms, You do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to You, other than viewing of Content or the associated Challenges on or through the Wild Noodle.
- We cannot and need not control all Content posted by Users on or through Wild Noodle, and We do not guarantee the accuracy, integrity or quality of such Content. You agree that under no circumstances will We be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content. You understand that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. We do not endorse and are not responsible for the accuracy, usefulness, safety, or of or relating to Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO.
- We reserve the right, in Our reasonable discretion, to refuse certain Content to be uploaded to and/or hosted by Wild Noodle, or to edit or remove any Content at any time with or without notice. Without limiting the generality of the preceding sentence, We comply with the Digital Millennium Copyright Act, and will remove Content upon receipt of a compliant takedown notice (see the “Copyright Infringement” section below).
- You are solely responsible for Your Content and the consequences of posting or publishing it. In connection with Your Content, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, copyright, or other proprietary rights in and to Your Content to enable inclusion and use of Your Content in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) Your Content, Our use of Your Content pursuant to these Terms, and exercise of the license rights set forth above, do not and will not:
- infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, Privacy Right, right of publicity, or any other intellectual property or proprietary right;
- slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person;
- violate any applicable law or regulation; or
- require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
- If You provide Us with any comments, bug reports, feedback, or modifications proposed or suggested by You (“Feedback”), We shall have the right to use such Feedback at Our discretion, including, but not limited to the incorporation of such suggested changes into Wild Noodle and/or our other products and services. You hereby grant to Us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use Your Feedback for any purpose.
Code of Conduct.
- We have the right, but not the obligation, to remove or block Content from Wild Noodle that We determine in Our reasonable discretion to be in violation of these Terms, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property or that is detrimental to the quality or intended spirit of Wild Noodle. We also have the right, but not the obligation, to limit or revoke the use privileges of the Wild Noodle Account of any User who posts such Content or engages in such behavior.
- You alone are responsible for Your interaction with other Users via Wild Noodle. If You have a dispute with one or more Users or if You disagree with the results of a Challenge, Your sole remedy is to cease using Wild Noodle. You irrevocably and forever release Us (and Our officers, directors, agents, subsidiaries, contractors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- We do not permit copyright infringing activities through Wild Noodle and We reserve the right to terminate access to Wild Noodle and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of Your use of Wild Noodle and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
- We will use common business sense regarding behavior or Content allowed on or through Wild Noodle. Examples of unacceptable Content or behavior include:
- Abuse, harassment, threats, flaming or intimidation of any person or organization.
- Uploading or sending pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate Content.
- Uploading copyrighted material that is not Your own or that You do not have the legal right to distribute, display, and otherwise make available to others.
- Making unsolicited offers, advertisements, proposals, or sending junk mail (aka spam)
- Impersonating another person or pretending to be affiliated with an organization with which You are not affiliated or misrepresenting the extent of Your affiliated or role with an affiliated organization or the source, identity or Content transmitted.
- Engaging in or contributing to any illegal activity or activity that violates others’ rights.
- Use of derogatory, discriminatory or excessively graphic language.
- Transmitting worms, viruses or harmful software.
- Disclosing the personal or proprietary information of another person or organization not otherwise permitted by applicable rules or law.
- Sharing Wild Noodle Accounts or Credentials with any third party or encouraging any other User to do so.
- Wild Noodle is not for use by citizens of the European Union. By using Wild Noodle, you attest that you are not a citizen of the European Union.
- Wild Noodle is hosted in the United States. If You use Wild Noodle from outside the United States, You acknowledge that You are voluntarily transferring information, including personally identifiable information and Content to the United States and that You agree that Our collection, use, storage and sharing of Your information and Content is exclusively subject to the laws of the United States and not of the jurisdiction where You are located.
- You agree that You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which You are located.
- We, in Our reasonable discretion may terminate Your Wild Noodle Account and/or Credentials and remove and discard any Content within Wild Noodle if We believe that You have violated or acted inconsistently with the letter and spirit of these Terms.
- You may terminate Your Wild Noodle Account and Your right to use Wild Noodle at any time and for any reason or no reason, by contacting Us user support at support@Wild Noodle.com. However, if You have a separate agreement with Us which has conflicting terms regarding termination, those terms shall take precedence.
- After cancellation or termination of Your Wild Noodle Account for any reason, You will no longer have access to Your Wild Noodle Account and all information and Content in Your Wild Noodle Account or that You have stored on Wild Noodle may be, but is not required to be deleted by Us. We will have no liability for information or Content that is deleted due to the cancellation or termination of Your Wild Noodle Account for any reason.
Policies Regarding Copyright.
- If You believe that any content available through Wild Noodle infringes Your copyright, You may submit a notification pursuant to the United States’ Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with information by going to dmca.
Ownership; Proprietary Rights.
- Wild Noodle is owned and operated by Wild Noodle Corporation. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of Wild Noodle provided by Wild Noodle Corporation (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any third party content or Content uploaded by You, all Materials are the copyrighted property of Wild Noodle Corporation or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Wild Noodle Corporation or its affiliates and/or third party licensors. Except as expressly authorized by Wild Noodle Corporation, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Third Party Websites and Services.
- Wild Noodle may include links to third party web sites or services (“Linked Sites”) solely as a convenience. We do not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, We make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at Your own risk.
Disclaimers/ No Warranties. Limitation of Liability
- EXCEPT AS MAY BE SET FORTH IN ANY SEPARATELY SIGNED AGREEMENT BETWEEN WILD NOODLE CORPORATION AND YOU, NEITHER WILD NOODLE CORPORATION NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WILD NOODLE CORPORATION’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO WILD NOODLE CORPORATION FOR WILD NOODLE IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
- You agree to indemnify and hold Wild Noodle Corporation, its affiliated companies, suppliers, partners, officers, contractors and employees harmless from any claim or demand made by any third party due to or arising out of (i) Your actions in using Wild Noodle, (ii) a claim that You, or any third party using Your Credentials, infringed any intellectual property or other right of any person or organization using Wild Noodle, or (iii) the violation of these Terms by You or any third party using Your Credentials. Wild Noodle Corporation reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This indemnity shall not apply if a third party uses Your Credentials due to an act or omission of Wild Noodle Corporation.
- These Terms will remain in full force and effect while You use Wild Noodle. Those terms that can continue to operate after You stop using Wild Noodle (including without limitation Your Content license to Us and the general terms in this Section), will survive after You stop using Wild Noodle.
- You agree that regardless of any statute of law to the contrary or any claim or cause of action arising out of or related to use of Wild Noodle or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- You agree that We may provide You with notices, including those regarding changes to these Terms, via notification through Wild Noodle’s notification functionality.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is 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 these Terms shall remain in full force and effect.
- You may not assign Your Wild Noodle Account or any rights and licenses granted hereunder and such any assignment by You will be null and void.
- All sections of these Terms that by their respective nature should survive the cancellation or termination of these Terms shall survive the termination or cancellation of these Terms. You agree that breach of these provisions will cause irreparable harm and that accordingly We may seek injunctive relief in addition to any other legal remedies under these Terms at law or equity.
- You agree that except as otherwise expressly provided for in these Terms, there shall be no third party beneficiaries to the Terms.
- These Terms (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between Wild Noodle Corporation and You regarding Wild Noodle. Any dispute arising from or related to these Terms will be governed by the laws of the State of California without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara County, California.
The terms "We," "Us," and "Wild Noodle" refer to Wild Noodle Corporation, a Delaware corporation doing business as Wild Noodle.
1. Eligibility to Use Wild Noodle Contests
To access or use Wild Noodle Contests, You must be 18 years of age or older and have the power and authority to enter into these Terms. Except as approved by Us, Wild Noodle Contests is for Your personal, non-commercial use. You may not use Wild Noodle Contests if we have terminated Your account or banned You.
2. Your Wild Noodle Account
- Wild Noodle Account.In order to access and use Wild Noodle Contests, We require You to become a member of the Wild Noodle online community (a "User") by creating a Wild Noodle account using Your name, email address, mobile telephone number and creating a password. Additional account registration requirements may also apply. You are entirely responsible for maintaining the confidentiality of Your password. You agree not to use the account or password of another User at any time. You agree to notify Wild Noodle immediately if You suspect any unauthorized use of Your account or access to Your password. You are solely responsible for any and all use of Your account. Passwords are subject to cancellation or suspension by Wild Noodle at any time.
- Social Sign In.If You access Wild Noodle through a social networking site such as Facebook or Google+ ("Social Networking Site"), You agree that Wild Noodle Contests may access and store (if applicable) information (including personally identifiable information) accessible to Wild Noodle Contests through Your Social Networking Site subject to the privacy settings that You have set with the Social Networking Site so that the information is available on and through Wild Noodle Contests via Your Wild Noodle account and corresponding Wild Noodle profile page. You acknowledge and agree that Your relationships with Your Social Networking Sites are governed solely by Your agreements with those Social Networking Sites and Wild Noodle is not liable for any information, including personally identifiable information that may be provided to Wild Noodle by Your Social Networking Site in violation of the privacy settings that You have set with Your Social Networking Sites.
3. Your Use of Wild Noodle Contests
- Take Challenges. You can request to solve a software coding challenge ("Challenge"), or a Company may request you to do so. You may start the Challenge when convenient for You, but it's recommended that You take the Challenge within a few days to help ensure that Your Challenge submission is received by the Company before the contest is closed. Once started, the Challenge must be solved within the time limit specified and in some cases, You may only take the Challenge once.
- Get Responses. When You complete a Challenge, Your score and ranking will be submitted to the Company together with the profile information from Your Wild Noodle Account that You choose to share with the Company.
- Rules of Conduct. You agree to use Wild Noodle Contests solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other binding obligations (including contractual obligations) You may have. You agree that You will not:
- Consult and/or copy code from any source including a website, book, friend, or colleague in Your efforts to complete a Challenge;
- Use any information obtained from Wild Noodle in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person or entity (including Companies) without their prior explicit consent;
- Use Wild Noodle and/or Wild Noodle Contests to post content that is offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature, bullies, harasses or advocates stalking, bullying, or harassment of another person, or is abusive, threatening, obscene, defamatory or libelous;
- Introduce software or automated agents to Wild Noodle and/or Wild Noodle Contests, or access Wild Noodle and/or Wild Noodle Contests so as to produce multiple Wild Noodle accounts, generate automated messages, or to strip or mine data from Wild Noodle and/or Wild Noodle Contests;
- Interfere with, disrupt, or create an undue burden on Wild Noodle and/or Wild Noodle Contests, or the networks, systems, or services connected to Wild Noodle and/or Wild Noodle Contests;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Wild Noodle and/or Wild Noodle Contests.
4. Sharing Your Information on Wild Noodle Contests
- Your Responsibility for Your Information. You are solely responsible for any and all content and information that is submitted through Your Wild Noodle account to Wild Noodle and/or Wild Noodle Contests, including the information and representations that You make in Your Wild Noodle account and corresponding Wild Noodle profile and the code You submit in response to a Challenge ("Your Information").
- Representations Regarding Your Information. You represent and warrant that:
- You own Your Information or otherwise have the right to provide, post, and/or share Your Information via Wild Noodle and/or Wild Noodle Contests as described in these Terms;
- Your Information does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity;
- By providing, posting and/or sharing Your Information, You do not violate any binding confidentiality, non-disclosure, or contractual obligations You might have towards a third party, including Your current or former employer or any potential employer;
- Your Information is accurate and correct, including any salary information or Your current, past or potential status as an employee; and
- Any resume You upload and share is accurate and submitted on Your own behalf.
- Submitting Your Information. By submitting Your Information to Wild Noodle Contests, You hereby grant to Wild Noodle an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute Your Information in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to Your Information. You should only submit Your Information to Wild Noodle Contests that You are comfortable sharing with others under the terms and conditions of these Terms.
- Feedback. At Your discretion, You may provide feedback to Wild Noodle concerning the functionality and performance of Wild Noodle Contests from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). If You, through Your evaluation or otherwise, suggests any Feedback, You hereby grant Indeed a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Wild Noodle may disclose that Feedback to any third party in any manner and You agree that Wild Noodle has the ability to sublicense all Feedback in any form to any third party without restriction. By submitting any Feedback, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Wild Noodle under any fiduciary or other obligation, and that We are free to use the Feedback without any additional compensation to You, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your Feedback, Wild Noodle does not waive any rights to use similar or related ideas previously known to Wild Noodle, or developed by its employees, or obtained from sources other than You.
5. Company Information on Wild Noodle Contests
Information provided by Companies is available to You through Wild Noodle Contests, including company names, logos, and contact information ("Company Information"). Because Wild Noodle does not control the Company Information, You acknowledge and agree that: (a) Wild Noodle is not responsible for, and does not endorse any Company Information; (b) Wild Noodle makes no guarantees about the accuracy, suitability, or quality of the Company Information; and (c) Wild Noodle assumes no responsibility for inaccurate, misleading, or unlawful Company Information. Wild Noodle and/or Wild Noodle Contests may contain links to Company websites. Your use of all such links to Company websites is at Your own risk. Wild Noodle does not monitor or have any control over, and makes no claim or representation regarding any Company websites. To the extent such links are provided by Wild Noodle, they are provided only as a convenience, and a link to a Company website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Company website. When You leave Wild Noodle and/or Wild Noodle Contests, these Terms no longer govern.
6. Reservation of Rights
Wild Noodle and its third party suppliers and partners hereby reserve all rights in and to Wild Noodle Contests and the underlying or related software for Wild Noodle Contests (collectively, the "Software"). Nothing in this Agreement will be deemed to grant any license therein other than to access and use Wild Noodle Contests as described in Section 3 above. You may not copy, decompile, disassemble, reverse engineer, reverse assemble, analyze or otherwise examine, prepare derivative works of, modify, or attempt to derive source code from any portion of Wild Noodle Contests or the Software. You may not frame or utilize framing techniques to enclose any marks of Wild Noodle, the Companies, or other proprietary information (including images, text, page, layout or form), without Wild Noodle’s prior written consent.
7. Disclaimer of Warranties
Wild Noodle disclaims any and all responsibility and liability for the accuracy, completeness, legality, reliability, or operability or availability of information or content displayed or posted on Wild Noodle Contests by Wild Noodle or third parties including, but not limited to the Companies. Wild Noodle disclaims any responsibility for the deletion, failure to store, miss-delivery, or untimely delivery of any information or content. Wild Noodle disclaims any responsibility for any harm resulting from downloading or accessing any information or content from Wild Noodle Contests or on websites accessed through Wild Noodle Contests. Under no circumstances shall Wild Noodle be liable to You on account of Your use or misuse of or reliance on Wild Noodle Contests.
WILD NOODLE CONTESTS, AND ALL INCLUDED INFORMATION, CONTENT, MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. WILD NOODLE AND ITS LICENSORS AND PARTNERS (INCLUDING THE COMPANIES) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WILD NOODLE AND ITS LICENSORS AND PARTNERS (INCLUDING THE COMPANIES) DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF WILD NOODLE CONTESTS. WILD NOODLE AND ITS LICENSORS AND PARTNERS (INCLUDING THE COMPANIES) DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH WILD NOODLE CONTESTS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF WILD NOODLE CONTESTS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF WILD NOODLE CONTESTS.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WILD NOODLE OR ITS LICENSORS OR PARTNERS (INCLUDING THE COMPANIES) BE LIABLE TO YOU OR WILD NOODLE CONTESTS USER ON ACCOUNT OF USE OR MISUSE OF OR RELIANCE ON WILD NOODLE CONTESTS, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF WILD NOODLE OR ITS LICENSORS OR PARTNERS (INCLUDING THE COMPANIES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON WILD NOODLE CONTESTS, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON WILD NOODLE CONTESTS, FROM INABILITY TO USE WILD NOODLE CONTESTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WILD NOODLE CONTESTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF WILD NOODLE CONTESTS OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO WILD NOODLE CONTESTS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Wild Noodle or its licensors or partners (including the Companies) be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms remain in effect while You use Wild Noodle Contests and for as long as Your Wild Noodle account remains open. You may delete Your account at any time. Wild Noodle may suspend or terminate Your account and/or Your access Wild Noodle Contests without notice to You if we believe that You have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of Wild Noodle Contests. Wild Noodle will have no liability whatsoever to You for any termination of Your account or related deletion of Your Information.
10. Changes to Terms
We may revise these Terms from time to time by posting an updated version on Wild Noodle Contests and You agree that the revised Terms will be effective fifteen (15) days after the change is posted. Your continued use of Wild Noodle Contests is subject to the most current effective version of these Terms.
11. Governing Law; Venue
These Terms shall be governed by and construed in accordance with the internal laws of the State of California without reference to the conflict of laws provisions thereof. Any disputes relating to the interpretation, execution or enforcement of these Terms or arising between You and Wild Noodle shall be dealt with under the exclusive jurisdiction and venue of the courts of the State of California, sitting in Santa Clara County, or the United States Federal Court for the District of California, and the Parties irrevocably submit for all purposes to the jurisdiction of each such court.
Except as specifically stated in another agreement we have with You, these Terms constitute the entire agreement between You and Wild Noodle regarding the use of Wild Noodle Contests and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce You to agree to these Terms. Wild Noodle’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by You except with Wild Noodle's prior written consent, but may be assigned or transferred by Wild Noodle without restriction. Any attempted assignment by You shall violate these Terms and be void. The Section titles in these Terms are for convenience only and have no legal or contractual effect; as used in these Terms, the word "including" means "including but not limited to." Please contact Wild Noodle with any questions regarding these Terms at firstname.lastname@example.org