Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 03.21.09
This Terms of Use Agreement sets forth the standards of use of the The DB Foundation, LLC Online Service. By using the ChokingGame.net website you (the
“Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall
become effective immediately upon being posted at ChokingGame.net website. Your continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Limitation of Liability
THE DB FOUNDATION, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE DB FOUNDATION, LLC SHALL NOT BE
LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS
OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE DB FOUNDATION, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
2. Indemnification
Member agrees to indemnify and hold The DB Foundation, LLC, its parents, subsidiaries, affiliates, and officers, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or
infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
3. Modifications and Interruption to Service
THE DB FOUNDATION, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. THE DB FOUNDATION, LLC shall not
be liable to Member or any third party should THE DB FOUNDATION, LLC exercise its right to modify or discontinue the Service. Member acknowledges and
accepts that THE DB FOUNDATION, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be
interfered with or adversely affected by numerous factors or circumstances outside of our control.
4. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we
are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for
those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms
of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
5. Governing Jurisdiction of the Courts Florida
Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State Florida, and such laws will govern this Terms of
Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Florida.
6. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that
violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international
law or regulation.
7. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 The DB
Foundation, LLC , ChokingGame.net., with all rights reserved, or is the property of The DB Foundation, LLC and/or third parties protected by intellectual property
rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form
of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of of The DB Foundation, LLC is strictly
prohibited. Except in the case of reproduction of brochure and other written material for the express nonprofit purpose of education and raising awareness.
Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained
therein without prior written permission of an authorized officer of The DB Foundation, LLC.
The DB Foundation, LLC’s trademarks may not be used in connection with any product or service that is not provided by The DB Foundation, LLC in any manner
that is likely to cause confusion among customers, or in any manner that disparages or discredits The DB Foundation, LLC.
All other trademarks displayed on The DB Foundation, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a
recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with The DB Foundation, LLC.
8. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, The DB Foundation LLC, ChokingGame.net
designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
PO BOX 351787
Palm Coast, FL 32137
By Telephone (904) 315 -2222
By Email: [email protected]
9. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned by [Insert Name of Company], in our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your
participation as a Member.
Terms of Use Agreement
| The DB Foundation LLC .A Non Profit Educational Foundation 501(c)(3) Charitable Organization Status Pending Note: Information on this website is not intended to take the place of medical advice. |
| Updated 01/10/10 |
| awareness and education of dangerous adolescent behaviors. |
