Last updated: November 20, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website (the “Website”) operated by Passion, Inc.
Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Website.
Intellectual Property Rights
You are granted limited license only for purposes of viewing the material contained on this Website. Other than the content you own, under these Terms, Passion and/or its licensors own all the intellectual property rights and materials contained in this Website. You agree to comply with all copyright laws, related laws, and international agreements worldwide in your use of this Website, and agree that the Website and its content may not be copied, distributed, republished, altered, uploaded, posted, publicly displayed, encoded, translated, or transmitted in any way, in whole or in part, without the prior written consent of Passion.
Passion owns, protects, and enforces copyright in its own creative materials and respects the intellectual property of others. To the best of our knowledge, materials on our Website do not infringe the intellectual property of others. If you have any concerns that any content on Passion’s website infringes your intellectual property, you will provide written notice to Passion by contacting us at [email protected]. Upon receipt of such notice, Passion will respond by expeditiously investigating any such claims, and, if appropriate, take measures to remove or disable access to materials claimed to be infringing.
This Website is not available to minors. It is intended for use only by adults. To access the Website, you must be at least 18 years of age and possess the legal authority to form legally binding contracts. If you are under the age of majority or legal age in your jurisdiction of residence, you are prohibited from using our website and services directly, and a parent or legal guardian must make purchases or gifts on your behalf. By using our Website, you represent and warrant that you have the right and authority to enter into these Terms.
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
This Website is provided “as is,” with all faults, and Passion expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of Liability
In no event shall Passion, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Passion including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. Your sole remedy against Passion is to stop using the Website and its content. This limitation of relief is a part of the bargain between you and Passion.
Purchases or Gifts
If you wish to purchase any product or service made available through the Website (“purchase”), or to make any donation or gift (“gift”) you may be asked to supply certain information relevant to your purchase or gift.
Links To Other Web Sites
The website may contain links to third-party web sites or services that are not owned or controlled by Passion.
Passion has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Passion shall 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 web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Your continued use of the Website after any changes to these Terms will be considered acceptance of those changes. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Your use of this website and its content is entirely at your own risk and you assume full responsibility and risk of loss resulting from such use. You hereby indemnify to the fullest extent Passion from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the validity or enforceability of the remaining provisions herein.
Passion is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
You are prohibited from compromising Website security or tampering with Website accounts. Passion reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing Passion to disclose the identity of anyone violating the law or these Terms. By accepting these Terms you waive and hold harmless Passion from any claims resulting from any action taken by Passion during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Passion or law enforcement authorities.
These Terms constitute the entire agreement between Passion, Inc. and you in relation to your use of this Website, and supersede all prior agreements and understandings.
The content on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All users accessing the Website do so on their own initiative and are responsible for compliance with applicable laws and regulations.
You agree to be bound by any affirmation, assent or agreement you transmit by computer or other electronic device. You agree that, when you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Georgia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the United States of America for the resolution of any disputes.
SMS Terms & Conditions
If you have any questions about these Terms, please contact us at [email protected]