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 AATX Pageant 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 AATX Pageant may determine. You agree and understand that the Miss AATX Pageant 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 AATX Pageant uses such User Content.

Please be advised that in no event shall the Miss AATX Pageant 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 AATX Pageant’s websites, affiliated television programming services or elsewhere. Please also understand that you give up any claim 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 AATX Pageant.

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 AATX Pageant, 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 AATX Pageant 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 known or hereafter devised or developed) throughout the universe and in perpetuity to the same extent that the Miss AATX Pageant uses the User Content.
You agree to indemnify, defend and hold harmless the Miss AATX Pageant, 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 AATX Pageant 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 AATX Pageant in asserting any available defenses.

Contests, Sweepstakes and Other Activities

The Miss AATX Pageant provides rules for certain activities on this Site, including, without limitation, contests and sweepstakes by the Miss AATX Pageant 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 AATX Pageant, its parents, subsidiaries, and other affiliated or related entities of the opinions or views expressed by these linked sites, and the Miss AATX Pageant 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 AATX Pageant 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 AATX Pageant 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 AATX Pageant 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 AATX Pageant 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 AATX Pageant 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 AATX Pageant shall not be liable to you or any other party for such termination.

Shopping

THE MISS AATX PAGEANT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY THE MISS AATX PAGEANT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that the Miss AATX Pageant’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 AATX Pageant, 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 AATX Pageant to have any special responsibility to you.

Indemnification

You agree to indemnify, defend and hold harmless the Miss AATX Pageant, 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 AATX Pageant 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 AATX Pageant 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 AATX PAGEANT 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 AATX Pageant 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 AATX PAGEANT, 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 AATX PAGEANT IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MISS AATX PAGEANT’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 AATX Pageant 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 Texas 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 Dallas County, Texas, 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 AATX Pageant 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.