PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MISS
USA.COM WEBSITE (the “Site”). This site is owned and operated
by Miss Universe L.P., LLLP ("Miss Universe Organization", “we”,
“us” or “our”). It is intended for your personal
entertainment, information, education and communication. Please feel free
to browse the Site; however, your access and use of the Site is subject
to the following terms and conditions of use ("Terms and Conditions
of Use") and all applicable laws. By accessing and using the Site,
you accept, without limitation or qualification, the Terms and Conditions
of Use and agree to be legally bound by the Terms and Conditions of Use.
You also agree not to interrupt or attempt to interrupt the operation
of this Site in any way. Please note that this Site and any services offered
on the Site, such as chat rooms, message boards, links, polls, shopping
and downloads (collectively, the “Services”) are only open
to users 13 years of age and older. If you do not agree with all of the
following Terms and Conditions of Use, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these Terms and Conditions of Use at any time. Changes and/or modifications
shall become effective immediately upon the posting thereof. Please review
these Terms and Conditions of Use periodically. Your continued use of
the Site following the posting of changes and/or modifications will constitute
your acceptance of the revised Terms and Conditions of Use. For your information,
this page was last updated on May 16, 2002.
Ownership of Intellectual Property and Restrictions of Use
All materials contained in this Site, including, without limitation, software,
design, text, images, photographs, illustrations, audio, videoclips, artwork
and graphic material (the “Materials”) are the property of
the Miss Universe Organization and/or its affiliates, assigns or licensors
and are protected, without limitation, pursuant to U.S. and international
copyright and other laws. You cannot use the Materials, except as specified
herein. You agree to follow all instructions on this Site limiting the
way you may use the Materials. This Site also contains proprietary trademarks,
service marks and logos. By making them available on this Site, the Miss
Universe Organization is not granting you any license to use such trademarks,
service marks and logos. As long as you comply with the Terms and Conditions
of Use, the Miss Universe Organization grants you a personal, non-exclusive,
non-assignable, non-transferable limited right to enter, display and use
this Site. You agree not to copy, reproduce, republish, upload, post,
transmit or distribute in any way or decompile, reverse engineer, disassemble
or otherwise modify the Materials, except you may download one (1) copy
of the Materials on any single computer for your personal, noncommercial
home use only, provided that you maintain all copyright and other proprietary
notices contained in such Materials. Any unauthorized or prohibited use
may subject the offender to civil liability and criminal prosecution under
applicable federal and state laws.
Bulletin Boards, Chat Rooms and Other Public Forums
The Site may include bulletin boards, chat rooms and other areas where
users can submit, post and/or exchange information, ideas, opinions, photographs,
images, videos, creative work or any other materials (collectively "Public
Forums"). The Public Forums are for use for noncommercial purposes
only. Users may not post any information intended to promote and/or generate
revenue for any third-party business activity. The Miss Universe Organization
does not control postings on such Public Forums, and the postings do not
necessarily reflect the views of the Miss Universe Organization. In no
event shall the Miss Universe Organization assume or have any responsibility
or liability for any materials posted on Public Forums or for any claims,
damages or losses resulting from their use and/or appearance on this Site.
The Miss Universe Organization has no obligation to monitor the Public
Forums and is not responsible or liable for failure to monitor or edit
any materials sent over the Services or posted on Public Forums. Although
the Miss Universe Organization may from time to time monitor or review
the content posted on this Site, we cannot be responsible for the views
or opinions expressed by third parties. Nevertheless, the Miss Universe
Organization reserves the right to edit, change, refuse to post or remove
any user materials or postings, in whole or in part, that in the Miss
Universe Organization’s sole discretion are objectionable or in
violation of these Terms and Conditions of Use, as well as revoke the
privileges of users who do not comply with such Terms and Conditions of
Use or block specific IP addresses. The Miss Universe Organization reserves
the right at all times to disclose any information (including, without
limitation, the identity of the persons providing information or materials
on the Public Forums) as necessary to satisfy any law, regulation or governmental
request.
Rules Of Conduct
You agree that your use of the Services, Public Forums and this Site is
subject to all applicable local, state and federal laws and regulations
and that you are solely responsible for all of your acts and omissions,
including, without limitation, the contents of your transmissions through
the Services and Public Forums. As a condition of your use of the Services,
Public Forums and this Site, you agree not to:
- Use any Service or Public Forum for any illegal purposes (or to solicit
or encourage any illegal act);
- Restrict or inhibit any other user from using and enjoying the Services
or Public Forums;
- Post or transmit any messages, information or material intended to
harass, abuse, threaten, or impersonate any other individual or entity;
- Post or transmit any defamatory, indecent, obscene, vulgar, pornographic,
profane, indecent, harmful, hateful, libelous, unlawful and/or other
objectionable messages, information or material of any kind, including
images and language;
- Post any message that solicits gambling or engage in any gambling
activity;
- Transmit or upload any information, software or other material that
violates or infringes upon the rights of others, including material
that is an invasion of privacy or publicity rights or which is protected
by copyright, trademark or any other proprietary right, or derivative
works with respect thereto, without first obtaining permission from
the owner or right holder;
- Transmit or upload any information, software or other material that
contains viruses, time bombs, trojan horses, cancelbots, worms or other
harmful or deleterious programs;
- Post or transmit or in any way exploit any information or other material
for commercial purposes, including, without limitation, for the advertising,
promotion or marketing of goods or services;
- Use the Services and Public Forums for the purposes of sending junk
email, chain letters, duplicative or unsolicited messages or “spamming”
or in connection with contests, surveys, or pyramid schemes;
- Try to gain unauthorized access to the Services, other users’
accounts, or computers connected to the Services through password mining
or other means; and
- Interfere with another user’s use and enjoyment of the Services or Public Forums or any other individual’s use and enjoyment of similar services.
User Submissions/Communications
If you send any communications or materials to the Site by posting messages,
uploading files, inputting data, or engaging in any other form of communication
through this Site, the Services or the Public Forums, including, without
limitation, any comments, data, questions, ideas, concepts, suggestions,
responses to contests, sweepstakes or other promotions, or the like (collectively,
“User Content”), you grant the Miss Universe Organization
and its affiliates, licensees, designees, successors and assigns a royalty-free,
unrestricted, irrevocable, non-exclusive right and license to use, reproduce,
copy, post, publish, disclose, distribute, broadcast, exhibit, transmit,
publicly and privately perform, publicly and private display, adapt, translate,
edit, change, modify, license, sell, create derivative works from, incorporate
into any other material or works, or otherwise exploit any such User Content,
in whole or in part, throughout the universe and in perpetuity, in any
manner and in any and all media (whether now known or hereafter devised
or developed), alone or together or as part of other material or work
of any kind or nature and for any purpose whatsoever as the Miss Universe
Organization may determine. You agree and understand that the Miss Universe
Organization is not obligated to use any User Content, and you have no
right to compel such use. You further agree and understand that you have
no right inspect or approve the way the Miss Universe Organization uses
such User Content.
Please be advised that in no event shall the Miss Universe Organization
assume or have any responsibility or liability for the manner in which
the User Content is exploited or for any claim, damages or losses resulting
from the use and/or appearance of such User Content on the Miss Universe
Organization’s websites, affiliated television programming services
or elsewhere. Please also understand that you give up any claim that that
any use of User Content violates any of your rights, including, without
limitation, moral rights, privacy rights, proprietary or other property
rights, publicity rights, rights to credit for material or ideas, or any
other right of any kind or nature that you may have with respect to such
User Content. Also, please understand that your User Content shall not
be returned by the Miss Universe Organization.
By submitting any User Content, you represent and warrant that you own,
control or have all necessary rights in such User Content, and all information
contained therein, and that such User Content, and the use of such User
Content by the Miss Universe Organization, does not infringe upon or violate
the rights of any third party. In addition, you warrant and represent
that all so-called “moral rights” in those materials have
been waived. If your User Content incorporates the name, voice, likeness
or image of any individual, you represent and warrant that you have the
right to grant the Miss Universe Organization permission to use such name,
voice, likeness or image of such individual appearing in the User Content
in any manner and in any and all media (whether know known or hereafter
devised or developed), throughout the universe and in perpetuity, to the
same extent that the Miss Universe Organization uses the User Content.
You agree to indemnify, defend and hold harmless the Miss Universe Organization,
its parents, subsidiaries, and other affiliated or related entities, and
their respective officers, directors, employees, agents, licensors, licensees
suppliers and representatives, from and against all losses, expenses,
damages and costs (including, without limitation, reasonable attorneys’
fees and costs) resulting from any actual or alleged breach of any of
your representations, warranties or undertakings hereunder. The Miss Universe
Organization reserves the right to assume, at its sole expense, the exclusive
defense and control of any matter subject to indemnification by you, in
which event you will fully cooperate with the Miss Universe Organization
in asserting any available defenses.
Contests, Sweepstakes and Other Activities
The Miss Universe Organization provides rules for certain activities on
this Site, including, without limitation, contests and sweepstakes by
the Miss Universe Organization and in conjunction with third parties.
The specific rules for a particular activity shall govern your participation
in that activity.
Links to Third Party Sites
This Site may contain links to other web sites. These links are for your
convenience only and you access them at your own risk. The appearance
of links from this Site to any other site does not constitute endorsement
by the Miss Universe Organization, its parents, subsidiaries, and other
affiliated or related entities of the opinions or views expressed by these
linked sites and the Miss Universe Organization does not verify, endorse,
or take responsibility for the accuracy, reliability, legality, validity,
completeness or quality of the content of any linked sites. Furthermore,
the Miss Universe Organization is not responsible for the quality or delivery
of the products or services offered, accessed, obtained by or advertised
by such sites. As such, neither the Miss Universe Organization nor any
of its parents, subsidiaries, and other affiliated or related entities
will be responsible for any errors or omissions or for the results obtained
from the use of such information contained in these linked sites. To the
extent that these linked sites collect personal information or postings
from users, be advised that in no event shall the Miss Universe Organization
assume or have any responsibility or liability for the manner in which
such information or postings are exploited or for any claims, damages,
or losses resulting from their use and/or appearance on these linked sites.
Finally, the Miss Universe Organization will under no circumstances be
liable for any direct, indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract, defamation, infringement
of copyright or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained within
these linked sites.
Termination
The Miss Universe Organization reserves the right, in its sole discretion,
to terminate this Site or any Services, or terminate any user’s
access to all or part of this Site, at any time with or without cause
or notice. The Miss Universe Organization shall not be liable to you or
any other party for such termination.
Shopping
THE MISS UNIVERSE ORGANIZATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY THE MISS UNIVERSE
ORGANIZATION ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. You agree that the Miss Universe
Organization’s sole and exclusive maximum liability arising from
any product sold on the Site is the price of the product ordered. In no
event shall the Miss Universe Organization, its parents, subsidiaries,
and other affiliated or related entities, and each of their respective
directors, officers, employees, or other representatives, be liable for
special, indirect, consequential, or punitive damages related to any product
sold on or through the Site.
In the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right to refuse
or cancel any orders placed for product listed at the incorrect price.
We shall have the right to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your
credit card already has been charged for the purchase and your order is
canceled, we will issue a credit to your credit card account in the amount
of the charge.
Your receipt of an electronic or other form of order confirmation does
not signify our acceptance of your order, nor does it constitute confirmation
of our offer to sell. We reserve the right at any time after receipt of
your order to accept or decline your order for any reason. We reserve
the right at any time after receipt of your order, without prior notice
to you, to supply less than the quantity you ordered of any item. We may
require additional verifications or information before accepting any order.
We are a reseller to end user customers and do not accept orders from
dealers, exporters, wholesalers, or other customers who intend to resell
the products offered by us. We shall automatically charge and withhold
the applicable sales tax for orders to be delivered to addresses within
New York. Each customer shall be solely responsible for all sales taxes,
or other taxes, on orders shipped to any other state.
All requests for technical service and support should be made directly
to the manufacturer in accordance with their terms and conditions.
Transmitted Material
Internet transmissions are never completely private or secure. You understand
that any message or information you send to this Site may be read or intercepted
by others, unless there is a special notice that a particular message
is encrypted (that is, sent in code). Sending a message to this Site does
not cause the Miss Universe Organization to have any special responsibility
to you.
Indemnification
You agree to indemnify, defend and hold harmless the Miss Universe Organization,
its parents, subsidiaries, and other affiliated or related entities, and
their respective officers, directors, employees, agents, licensors, licensees,
suppliers, representatives and third party information providers from
and against all losses, expenses, damages and costs (including, without
limitation, reasonable attorneys’ fees and costs) resulting from
any actual or alleged violation of these Terms and Conditions of Use by
you. The Miss Universe Organization reserves the right to assume, at its
sole expense, the exclusive defense and control of any matter subject
to indemnification by you, in which event you will fully cooperate with
the Miss Universe Organization in asserting any available defenses.
Disclaimers/Limitation of Liability
YOUR USE AND BROWSING OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND
ALL MATERIALS AND SERVICES CONTAINED OR MADE AVAILABLE ON OR ACCESSED
THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE”
BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
MISS UNIVERSE ORGANIZATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR
THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
OF ANY MATERIALS PROVIDED ON OR AVAILABLE THROUGH THIS SITE. The Miss
Universe Organization is not responsible or liable for any damages to
your computer equipment (whether due to any viruses, infections or contamination
of your computer system or otherwise) or other property, delays, inaccuracies,
errors, or omissions arising out of or on account of your access to, use
of, or browsing in this Site (including any Public Forums), your downloading
of any Materials from the Site, or with respect to the information and
material contained on this Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MISS
UNIVERSE ORGANIZATION, ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATED
OR RELATED ENTITIES, ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE AND/OR ANY MATERIALS, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES AND REPRESENTATIVES,
WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT,
SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR
INABILITY TO USE THE SITE AND THE MATERIALS. IN ADDITION, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT THE MISS UNIVERSE ORGANIZATION IS NOT LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. NOTWITHSTANDING
THE FOREGOING, IN NO EVENT SHALL THE MISS UNIVERSE ORGANIZATION’S
LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Miscellaneous
The Miss Universe Organization makes no representation that materials
on this Site are appropriate or available for use in any particular location,
and accessing them from locations where their contents are illegal is
prohibited. Those who choose to access this Site do so on their own initiative
and are responsible for compliance with local laws, if and to the extent
local laws are applicable. No software from this Site may be downloaded,
exported or reexported in violation of any law, including, without limitation,
to countries that are subject to U.S. export restrictions.
These Terms and Conditions of Use and all matters or issues collateral
thereto will be governed by and construed in accordance with the laws
of the State of New York applicable to contracts executed and performed
entirely therein without regard to its conflicts of law rules. Any cause
of action you may have with respect to your use of this Site must be commenced
within one (1) year after the cause of action arises. Any action, whether
at law or in equity, arising out of or relating to these Terms and Conditions
of Use and/or your use of this Site shall be brought only in the state
or federal courts located in New York County, New York, and you expressly
consent and submit to the personal jurisdiction of such courts. These
Terms and Conditions of Use constitute the entire agreement between the
Miss Universe Organization and you with respect to your use of this Site
and supersede all prior understandings of the parties hereto relating
to the subject matter hereof, and cannot be changed or terminated orally.
If any provision of these Terms and Conditions of Use is found to be unlawful,
void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms and Conditions of Use and shall not affect
the validity and enforceability of any remaining provisions, which shall
remain in full force and effect.