1. ACCEPTANCE OF TERMS.
Welcome to “www.willdrinkforboobs.com”, the website (“Site”) for Flip for Funds, LLC, d/b/a “Will Drink for Boobs”. The Site is compromised of various webpages operated by Flip for Funds, LLC, d/b/a “Will Drink for Boobs” and is offered to you conditioned on your acceptance without modification of the terms, conditions, notices, disclaimers, and the like contained herein (“Terms”). Your use of “www.willdrinkforboobs.com” constitutes your agreement to all such terms. Please read these Terms carefully and keep a copy of them for your reference. BY USING OR ACCESSING ANY PART OF THE SITE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY Flip for Funds, LLC, d/b/a “Will Drink for Boobs”. IF YOU DO NOT AGREE TO SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SITE.
Flip for Funds, LLC, d/b/a “Will Drink for Boobs” reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Site.
Flip for Funds, LLC d/b/a “Will Drink for Boobs” is a Minnesota Limited Liability Company that elects to donate funds and time to local and national non-profit organizations. Our contact information is as follows:
Flip for Funds, LLC
4801 4th Avenue South
Minneapolis, MN 55419
4. RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT.
All registered participants, walkers, volunteers, spectators, attendees, and the like agree to the following liability waiver:
In consideration of participating in the 2012 Will Drink for Boobs – Tournament of Champions, (1) I represent that I understand the nature of these events and that I am qualified, in good health, and in proper physical condition to participate in such an activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activity. (2) I fully understand that events involve risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the activity, the conditions in which the Activity takes place, or the negligence of the “Releasee” named below: and that there may be other risks either not known to me or not readily foreseeable at this time; and (3) I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation in the Activity. (4) I hereby release, discharge, and covenant not to sue Flip for Funds, LLC, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, the sponsor charities, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations; and (5) I further agree that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which may incur as the result of such claim. (6) I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGGREMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
Additionally, the participants, walkers, volunteers, spectators, attendees, and the like agreed to the following:
I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. In addition, I understand that I will be consuming alcohol and take responsibility for my actions and the actions of the bars and other patrons that day as a result of the consumption.
5. YOUR Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to Flip for Funds, LLC, d/b/a “Will Drink for Boobs” a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations.
If you believe in good faith that any Content made available in connection with the Site infringes upon your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices with respect to the Site should be sent to:
Flip for Funds, LLC
4801 4th Avenue South
Minneapolis, MN 55419
7. Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the state of Minnesota, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within Minnesota by Minnesota residents.