ATTENTION: THIS SITE IS OWNED AND OPERATED BY WHY NOT ENTERTAINMENT, LLC. PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). IN ORDER TO USE THIS WEBSITE YOU MUST BE LEGALLY CAPABLE TO ENTER INTO AGREEMENTS. USING THIS SITE (INCLUDING BUT NOT LIMITED TO VIEWING OR VISITING THIS SITE, SUBMITTING YOUR COMMENTS OR OTHER CONTENT ON THIS SITE) INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT WHY NOT ENTERTAINMENT AND ITS SUBSIDIARIES (COLLECTIVELY "WHY NOT ENTERTAINMENT") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT WHY NOT ENTERTAINMENT MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “WHY NOT ENTERTAINMENT WEBSITES.” THE TERM “WHY NOT ENTERTAINMENT” OR “US” OR “WE” OR “OUR” REFERS TO WHY NOT ENTERTAINMENT. THE TERM “YOU” OR “YOUR” REFERS TO THE USER OR VIEWER OF THE SITE.
In order to use the Site, you may be requested to provide specific personal data to us, as further described in the Why Not Entertainment Privacy Policy. All uses of your personal information will be treated according to our Privacy Policy. By using the Site, you are accepting the terms and conditions of our Privacy Policy. If you object to having your information used as described in the Privacy Policy, your sole recourse is to discontinue using this Site.
Why Not Entertainment authorizes you to use the Why Not Entertainment Websites only for your own personal, non-commercial purposes. Use of the Why Not Entertainment Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Why Not Entertainment, Why Not Entertainment owns the Why Not Entertainment Websites. The Why Not Entertainment Websites is protected under United States and international copyright laws. Any unauthorized use of the Why Not Entertainment Websites may violate copyright, trademark, and other laws. You agree not to collect or harvest any personally identifiable information from the Site, including account names, nor will you use the communication system provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Content.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Why Not Entertainment Websites and for paying all charges related thereto. When you register to open an account anywhere on the Why Not Entertainment Websites, or when you contact Why Not Entertainment through the Why Not Entertainment Websites for the purpose of receiving products or services, Why Not Entertainment may collect certain personal information about you. Why Not Entertainment’s use of such information is governed by the provisions of the Why Not Entertainment Online Privacy Policy for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Why Not Entertainment Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Why Not Entertainment Websites password and you are solely responsible for all activities that occur under your password. You agree to notify Why Not Entertainment immediately of any unauthorized use of your password or any other breach of security related to the Why Not Entertainment Websites. Why Not Entertainment reserves the right to require you to change your password if Why Not Entertainment believes that your password no longer is secure. Access to Why Not Entertainment Websites granted under other separately executed agreements by Why Not Entertainment and You shall supersede the terms contained in this Section.
You agree not to use the Why Not Entertainment Websites (including, without limitation, any Materials or Services you may obtain through your use of the Why Not Entertainment Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Why Not Entertainment Websites or servers or networks connected to the Why Not Entertainment Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Why Not Entertainment Websites; or (y) attempt to gain unauthorized access to any portion of the Why Not Entertainment Websites or any other accounts, computer systems, or networks connected to the Why Not Entertainment Websites, whether through hacking, password mining, or any other means.
You acknowledge and agree that Why Not Entertainment may terminate, suspend, or modify your registration with, or access to, all or part of the Why Not Entertainment Websites, or remove and discard any User Content, without notice, at any time and for any reason. Furthermore, you acknowledge that we reserve the right to take action (legal, technical or otherwise) to block or deny your ability to access the site, register or submit User Content. You understand that we may exercise this right in our sole discretion. You agree that we shall not be liable to you or any third party for termination of your access to the Site. You may discontinue your participation in and access to the Why Not Entertainment Websites at any time. If you breach any of these Terms, your authorization to use the Why Not Entertainment Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE WHY NOT ENTERTAINMENT WEBSITES IS PROVIDED "AS IS" AND “WITH ALL FAULTS” WITH NO REPRESENTATIONS OR WARRANTIES, AND CONFER NO RIGHTS, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WHY NOT ENTERTAINMENT WEBSITES IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WHY NOT ENTERTAINMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WHY NOT ENTERTAINMENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WHY NOT ENTERTAINMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WHY NOT ENTERTAINMENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WHY NOT ENTERTAINMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WHY NOT ENTERTAINMENT WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHY NOT ENTERTAINMENT MAKES NO WARRANTY THAT THE WHY NOT ENTERTAINMENT WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE WHY NOT ENTERTAINMENT WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WHY NOT ENTERTAINMENT WEBSITES WILL BE CORRECTED. WHY NOT ENTERTAINMENT MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WHY NOT ENTERTAINMENT WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WHY NOT ENTERTAINMENT WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WHY NOT ENTERTAINMENT WEBSITES OR FROM WHY NOT ENTERTAINMENT, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE WHY NOT ENTERTAINMENT PARTIES”) SHALL CREATE ANY WARRANTY. WHY NOT ENTERTAINMENT DISCLAIMS ALL EQUITABLE INDEMNITIES.
STATEMENTS ON THE SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA) OR ANY OTHER AGENCY. CONSULT YOUR PHYSICIAN BEFORE BEGINNING ELITE FORCES WORKOUT PROGRAM, OR ANY EXERCISE PROGRAM. DISCONTINUE EXERCISE AND CONSULT YOUR PHYSICIAN IF YOU FEEL FAINT, ILL, OR EXPERIENCE ANY UNUSUAL DISCOMFORT. WHY NOT ENTERTAINMENT AND THE PRODUCERS OF ELITE FORCES WORKOUT SERIES AND THE WHY NOT ENTERTAINMENT WEBSITES ASSUME NO LIABILITY OR RESPONSIBILITY FOR IMPROPER USE OF ELITE FORCES WORKOUT PROGRAMS OR ANY OTHER EXERCISE PROGRAM, OR FOR IMPROPER USE OF ANY EQUIPMENT, CLOTHING COMPONENT OR PROTECTIVE GEAR, OR ANY INJURY THAT MAY RESULT. ANY PORTIONS OF THE ELITE FORCES WORKOUT SERIES OR THE WHY NOT ENTERTAINMENT WEBSITES THAT MAY CONTAIN INFORMATION REGARDING ANY PRODUCTS AND SERVICES NOT OWNED, PRODUCED OR MANUFACTURED BY WHY NOT ENTERTAINMENT IS THERE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS A RECOMMENDATION, ENDORSEMENT, WARRANTY OR CLAIM REGARDING THE FITNESS OF USE, OF ANY SPECIFIC EQUIPMENT, PRODUCT, SERVICE, CLOTHING COMPONENT OR PROTECTIVE GEAR. CONSULT WITH YOUR PRODUCT/EQUIPMENT PROFESSIONAL OR MANUFACTURER OR SERVICE PROVIDER FOR RECOMMENDATIONS, ADVICE, SAFETY, AND THE PROPER USE AND CARE OF ANY PRODUCT, SERVICE, EQUIPMENT, PROTECTIVE GEAR OR CLOTHING COMPONENT.
IN NO EVENT WILL WHY NOT ENTERTAINMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUBSIDIARIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE WHY NOT ENTERTAINMENT WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WHY NOT ENTERTAINMENT WEBSITES) OR WHICH WERE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHY NOT ENTERTAINMENT HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF WHY NOT ENTERTAINMENT TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Why Not Entertainment Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Why Not Entertainment Party’s liability shall be the minimum permitted under such applicable law.
The Federal Trade Commission (FTC) has revised “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (16 CFR, Part 255) to include blogs. In accordance with these revised guidelines Why Not Entertainment LLC discloses the following material connections:
You should assume Why Not Entertainment LLC has a marketing or an affiliate relationship and/or another material connection to the providers of goods and services mentioned on Why Not Entertainment’s website and Why Not Entertainment LLC may be compensated when you purchase from a provider. However, we will not endorse anything if we don’t actually like and believe in the provider, product or service.
Additionally, on occasion Why Not Entertainment LLC may:
Advertising, affiliate, and sponsored link disclosures:
Why Not Entertainment reserves the right to modify, suspend, or discontinue the Why Not Entertainment Websites at any time without notice to you and Why Not Entertainment is not liable to you or any third party should we exercise such right. For example, Why Not Entertainment may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Why Not Entertainment makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country.
In order to provide User Content to the Site, you must register and create an account. Certain other features of the Site may also require you to register for an account. If registration is requested, and you choose to register for an account and provide information to us, you agree to provide only accurate and complete registration information, including your real name. You agree to register only once and may not maintain multiple accounts on the Site. You may not authorize any third party to use your account. You are solely responsible for any activity that occurs on your account and for preventing unauthorized use. Why Not Entertainment will not be liable for loss caused by any unauthorized use of your account. You must notify us at info@eliteforces.us immediately of any breach of security or unauthorized use of your account.
The Site is not marketed or intended for use by persons under thirteen (13) years old. You must be at least eighteen (18) years old to register for an account. By registering, you certify under penalty of law that you are at least eighteen (18) years old; or that you are the parent or legal guardian of a minor under the age of eighteen (18) whose use of the Site you have authorized (including sections of the Site for which registration is required). If you are a parent or legal guardian who is registering on behalf of a person under the age of eighteen (18), you agree to the Terms, and you agree to be liable for such person’s use of this Site in accordance with these Terms. Your account may be terminated without warning at any time if we believe you are under the age of eighteen (18).
Certain areas of the Why Not Entertainment Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Why Not Entertainment an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, edit, create derivative works from, publicly perform, publicly display, and otherwise exploit your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Why Not Entertainment deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Why Not Entertainment reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Why Not Entertainment may, but is not obligated to, pre-screen User Submissions or monitor any area of the Why Not Entertainment Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Why Not Entertainment is not required to host, display, or distribute any User Submissions on or through the Why Not Entertainment Websites and may remove at any time or refuse any User Submissions for any reason. Why Not Entertainment is not responsible for any loss, theft, or damage of any kind to any User Submissions. Why Not Entertainment does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Why Not Entertainment will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Why Not Entertainment does not guarantee that you will have any recourse through Why Not Entertainment or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
Disruptive and egregiously offensive conduct is prohibited. A determination of what conduct is considered egregiously offensive, or otherwise in violation of these Terms of Use is up to the management of Why Not Entertainment. Any communication sent directly to you by Why Not Entertainment regarding your participation in the Interactive Areas and/or possible violation of these Terms or related matters is intended solely for your reference and use and may not be shared with others. You agree not to post such communication in the Interactive Areas, elsewhere on the internet or distribute them via email or other means without the consent of the management of Why Not Entertainment.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submission. We do not authorize or support copyright infringing activities or infringement of intellectual property rights on this Site, and we may remove User Submission if properly notified that such User Submission infringes another’s intellectual property rights. Why Not Entertainment reserves the right to remove User Submission without prior notice. By posting User Submission on the Site you agree to indemnify Why Not Entertainment from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by Why Not Entertainment arising out of or are related to your User Submission.
We provide interactive activities for our online website communities such as chat rooms, article and blog comment posting areas, bulletin boards (also known as message boards), IRC Channels, Surveys and Polls, collectively identified as "Interactive Areas," for the enjoyment of our visitors and such Interactive Areas shall be used only in a noncommercial manner. User shall not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services in the Interactive Areas.
Any User Submissions in the Interactive Areas, without limitation, will be public and posted in public areas on the Site. Why Not Entertainment, and any contract or operational providers that conduct, operate and/or manage the Site’s Interactive Areas, will not be responsible for the action of any visitors or third parties with respect to any information, materials, content or any other User Submission posted, uploaded or transmitted in the Interactive Areas.
The Site contains User Submissions consisting of opinions and conversations from users and contributors. Such User Submissions are governed by the Terms of Use. Why Not Entertainment does not assume responsibility or liability for any Opinion or for any claims, damages, or losses resulting from the use of the Interactive Areas or the materials contained therein. Why Not Entertainment has no obligation to monitor the User Submissions made in Interactive Areas. However, we reserve the right to review all User Submissions and to remove or refuse to display any User Submissions at our sole discretion.
Links on the Why Not Entertainment Websites to third-party websites that are not owned or controlled by Why Not Entertainment are provided solely as a convenience to you. If you use these links, you will leave the Why Not Entertainment Websites. Why Not Entertainment is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Why Not Entertainment does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Why Not Entertainment Network, you do this entirely at your own risk and expressly release Why Not Entertainment from any and all liability arising from your use of any third-party content. Links to third-party websites do not constitute an endorsement by Why Not Entertainment of any third party product or service. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent Why Not Entertainment’s written authorization otherwise, a website that links to this Site:
Why Not Entertainment, Elite Forces Workout and any other product or service name or slogan or logo contained in the Why Not Entertainment Websites are trademarks of Why Not Entertainment and/or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Why Not Entertainment or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Why Not Entertainment or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of Why Not Entertainment without Why Not Entertainment’s prior written permission.
The content on the Site, including without limitation, the articles, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), and the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) are owned by or licensed to Why Not Entertainment and are protected by copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions and may not be copied, imitated, or used (in whole or in part) without Why Not Entertainment’s or the applicable intellectual property owner’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Why Not Entertainment.
Content on the Site is provided to you AS IS for your information and your personal use only. You may not use, reproduce, distribute, digitally transmit, broadcast, publicly display, prepare derivative works of, sell, license, or otherwise exploit the Content for any other purposes whatsoever without the prior written consent of the respective owners. Why Not Entertainment reserves all rights not expressly granted in and to the Site and the Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
Why Not Entertainment respects the intellectual property rights of others. Accordingly, Why Not Entertainment has a policy of removing User Submissions that violate copyright law, suspending access to the Why Not Entertainment Websites (or any portion thereof) to any user who uses the Why Not Entertainment Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Why Not Entertainment Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Why Not Entertainment has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Why Not Entertainment Websites, please consult your legal counsel or see Section 512 of the Copyright Act to confirm your claim, and provide written notice to the following Why Not Entertainment agent for notice of claims of infringement:
Why Not Entertainment, LLC
1620 Central Avenue, Suite 202
Cheyenne, WY 82001
Your written notice must:
Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Why Not Entertainment’s designated agent, as they will be deleted/discarded upon receipt.
Why Not Entertainment administers this Site from its offices in the United States of America. Why Not Entertainment makes no representation that the Why Not Entertainment Websites is appropriate or available for use outside the United States and access to the Why Not Entertainment Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the Why Not Entertainment Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Why Not Entertainment Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern, or the US State Department Debarred Parties List. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend, and hold harmless the Why Not Entertainment Parties, its officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses, costs or debt, expenses, obligations, or fees (including but not limited to reasonable attorneys’ fees) that such parties may incur as a result of or arising from: (i) your (or anyone using your account’s) violation of these Terms; (ii) your use of and access to the Site; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any User Submission caused damage to a third party. Why Not Entertainment reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Why Not Entertainment’s defense of such claim. This indemnification obligation will survive these Terms and your use of the Site.
When you visit the Site or send e-mails to Why Not Entertainment, you are communicating with Why Not Entertainment electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Why Not Entertainment provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms, including but not limited to Privacy Policy, to which you agree when using particular elements of the Why Not Entertainment Websites, constitute the entire and exclusive and final statement of the agreement between you and Why Not Entertainment with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Why Not Entertainment with respect to such subject matter. The Why Not Entertainment Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Why Not Entertainment shall be governed by the laws of the State of Wyoming as applied to agreements made, entered into, and performed entirely in Wyoming by Wyoming residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Why Not Entertainment Websites shall be brought in the Federal or State courts located in Laramie County, Wyoming, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Why Not Entertainment to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Why Not Entertainment and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Why Not Entertainment’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Why Not Entertainment Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Why Not Entertainment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Why Not Entertainment without restriction.
Why Not Entertainment reserves the right to modify or change these Terms with or without notice to you, in its sole and absolute discretion, and Why Not Entertainment is not liable to you or any third party should we exercise such changes in these Terms. Why Not Entertainment will post notice of such changes on the applicable Site and/or will post the revised Agreement here, with an updated revision date. It is your sole responsibility to check this Site from time to time to view any such changes in these Terms. If you object to any such changes, your sole recourse shall be to cease using the Why Not Entertainment Websites. Continued access and/or use of the Why Not Entertainment Websites shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Why Not Entertainment Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Please contact Why Not Entertainment with any questions or comment at info@eliteforces.us
Revised April 2010