SKITS & BITS and WHATSITS GALORE provide products and services, whether fee-based or free of charge, through the website located at www.whatsitsgalore.com, subject in all cases to the terms and conditions set forth in the following agreement. This Agreement, which may be updated or altered by WHATSITS GALORE at any time, constitutes a legally binding contract between you and this website.
All skits sold, downloaded, copied and/or given free of charge on or from this site (SKITS & BITS and/or WHATSITS GALORE) are the intellectual property of SKITS & BITS, LINDA CAMPANELLA and WHATSITS GALORE.
The PURCHASER and/or RECEIVER retains the right to perform all skits purchased from SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE in private, not-for-profit venues only. The PURCHASER and/or RECEIVER loses all rights to perform any and all skits, whether purchased or otherwise obtained, if performed in any venue in which tickets are sold, revenues collected and/or monies received. The PURCHASER and/or RECEIVER retains the right to make copies of skits purchased and/or received as needed for performance, until and unless these rights have been forfeited as described above.
Skits purchased from SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE may not be resold, traded or otherwise transferred. These skits may not be performed in any public or commercial venue. They may not be performed in any private or not-for-profit venue that sells tickets or otherwise collects revenues for said performance. They may not be altered, amended or rewritten by the PURCHASER or by any other party without the express written permission of LINDA CAMPANELLA. They may not be published in whole or in part by any entity other than SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE without the express written permission of LINDA CAMPANELLA. They may not be posted to the internet or the world wide web in whole or in part by any entity other than SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE.
No other rights are given, transferred or implied. This agreement may be amended at any time by SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE with no advance notice.
You agree to defend, indemnify and hold harmless SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE from and against any and all claims, actions, demands, proceedings, suits, liabilities, damages, settlemants, penalties, fines, costs or expenses of any kind (including, without limitation, reasonable attorneys fees and other litigation expenses) arising out of or relating to use of this website and the skits provided herein, including use and/or performance of same and any harmful or illegal activities by you or your agents.
This service is provided "AS IS" and "WITH ALL FAULTS" and SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE disclaim all warranties, espress or implied, whether such warranties arise by statute or otherwise in law or from a course of dealing or use of trade, with regard to the website, services, goods and related materials, including all implied warranties of merchantibility, fitness for a particular purpose, non-infringement, accuracy of information, features or capabilities of the service(s), and reliability of same.
In no event will SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE be liable to the customer or any third party for any consequential, incidental, special, indirect, exemplary or punitive damages of any kind or nature, including but not limited to, loss of profits or revenue and damage to reputation or goodwill, under any theory of law or equity, regardless of whether the possibility of such damages are or were known or should have been. Furthermore, in no event will the total, cumulative liability of SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE exceed the amount received by SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE from the customer under this agreement and/or the terms as stated on SKITS & BITS' and/or WHATSITS GALORE's website.
The laws of the United States of America and the internal laws of the State of Pennsylvania shall govern this Agreement, without regard to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Pennsylvania, as well as such specific venue as determined and selected by Linda Campanella in her sole discretion, in all disputes arising out of or relating to this Agreement or your use of the Services, regardless of whether such action is commenced by Customer against SKITS & BITS, LINDA CAMPANELLA and/or WHATSITS GALORE. The prevailing party in any dispute relating to the Service or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute.
Notwithstanding anything to the contrary contained herein, if a dispute arises under this Agreement, the parties shall first attempt, for a period of thirty (30) days after notice from either party, to resolve the dispute in good faith by direct negotiation of representatives of the respective parties. Any costs and fees associated with the informal dispute resolution shall be shared equally by the parties.
By putchasing, copying, downloading, performing or otherwise using the skits the skits presented on the SKITS & BITS and/or WHATSITS GALORE website, you agree to be bound by any and all of the terms set forth above.
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