GENERAL

Universal Terms of this Agreement between you, the User, and Foxy Games, Inc. 

The following Website Terms of Use shall govern your use of all websites operated by The Foxy Games, Inc. Web Site is offered to you conditioned on your acceptance. By accessing and using the Websites, you accept and agree, without modification of the terms, conditions, and notices contained herein, without limitation, to be bound by the Website Terms of Use.  If you do not accept these Website Terms of Use, you may not use the Website or any of the products or services provided or made available therein.  Your use of the Foxy Games, Inc.

The Website Terms of Use apply when accessing the Website by any means, including via computer, mobile device or other technology.  In addition, the Website Terms of Use apply when accessing, using or downloading any products, software, applications or services available on the Websites (collectively referred to herein as the “Services”).

USE

You are responsible for complying with all laws of the jurisdiction from which you access the Websites or any of the Services, and you shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.

As a condition of your use of the Foxy Games, Inc. Web Site, you warrant to Foxy Games, Inc. that you will not use the Foxy Games, Inc. Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Foxy Games, Inc. Web Site in any manner which could damage, disable, overburden, or impair the Foxy Games, Inc. Web Site or interfere with any other party's use and enjoyment of the Foxy Games, Inc. Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Foxy Games, Inc. Web Sites.

USE OF COMMUNICATION SERVICES

The Foxy Games, Inc. Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

•    Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
•    Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
•    Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
•    Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
•    Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
•    Conduct or forward surveys, contests, pyramid schemes or chain letters.
•    Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
•    Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
•    Restrict or inhibit any other user from using and enjoying the Communication Services.
•    Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
•    Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
•    Violate any applicable laws or regulations.
•    Beginnertriathlete.com services are made available for your personal, non-commercial use only. You may not use the Foxy Games, Inc.  services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them.

Foxy Games, Inc. has no obligation to monitor the Communication Services. However, Foxy Games, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Foxy Games, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Foxy Games, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Foxy Games, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Foxy Games, Inc. spokespersons, and their views do not necessarily reflect those of Foxy Games, Inc.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MODIFICATIONS

Foxy Games, Inc. reserves the right to change the terms, conditions, and notices under which the Foxy Games Inc. Web Site is offered, including but not limited to the charges associated with the use of the Foxy Games, Inc. Web Site.

NTELLECTUAL PROPERTY

 

The Foxy Games, Inc. Web Site is comprised of various Web pages.

Foxy Games, Inc. does not claim ownership of the materials you provide to Foxy Games, Inc. (including feedback and suggestions) or post, upload, input or submit to any Foxy Games, Inc. Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Foxy Games, Inc., its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

LINKS TO AND FROM THIRD PARTY WEBSITES

The Foxy Games, Inc. Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Foxy Games, Inc. and Foxy Games, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Foxy Games, Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. Foxy Games, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Foxy Games, Inc. of the site or any association with its operators.

You may not create links between the Websites and another site without Foxy Games Inc.’s  prior written consent.  Unless otherwise expressly agreed, such links must not imply that Foxy Games Inc. is associated in any way whatsoever with another website or that Foxy Games Inc.  endorses or approves of its content. 
Foxy Games Inc. is not responsible or liable for any third party website link to or from the Websites, any website link to or from those third party websites, the content of those websites, or their products or services.

CONFIDENTIALITY & SECURITY 

Information submitted to the system should not be considered confidential or private and may be revealed as part of normal system operations. No warranty of service is implied.  Please read our Privacy Policy.

Foxy Games, Inc.  specifically disclaims any liability with respect to any email communications or text messaging, or other like unprotected communications, whether initiated by you or Foxy Games, Inc.   Foxy Games, Inc. will not be liable or responsible for any damages suffered in connection with such modes of communication.
Foxy Games, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Foxy Games, Inc.'s sole discretion.

 LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Foxy Games, Inc. website may include inaccuracies or typographical errors.  Changes are periodically added to the information herein.  Foxy Games, Inc. and/or it’s suppliers may make improvements and/or changes in the Foxy Games, Inc. website at any time. Advise received via the Foxy Games, Inc. website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advise tailored to your situation. 

Foxy Games, Inc. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Foxy Games, Inc. website for any purpose.  To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Foxy Games, Inc. and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. 

To the maximum permitted by applicable law, in no event shall Foxy Games, Inc. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of in any way connected with the use of performance of the Foxy Games, Inc. website, with the delay or inability to use the Foxy Games, Inc. website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Foxy Games, Inc. website, r otherwise arising out of the use of the Foxy Games, Inc. website, whether based on contract, tort, negligence, strict liability or otherwise, even if Foxy Games, Inc. or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the Foxy Games, Inc. website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Foxy Games, Inc. website.

TERMINATION/ACCESS RESTRICTION

Foxy Games, Inc. reserves the right, in its sole discretion, to terminate your access to the Foxy Games, Inc. Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Atlanta, Georgia, U.S.A. in all disputes arising out of or relating to the use of the Foxy Games, Inc. Web Site. Use of the Foxy Games, Inc. Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Foxy Games, Inc. as a result of this agreement or use of the Foxy Games, Inc. Web Site. Foxy Games, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Foxy Games, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Foxy Games, Inc. Web Site or information provided to or gathered by Foxy Games, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Foxy Games, Inc. with respect to the Foxy Games, Inc. Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Foxy Games, Inc. with respect to the Foxy Games, Inc. Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Foxy Games, Inc. Web Site are: Copyright 2012 - [year] by Foxy Games, Inc. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.