Website Use Agreement

Date of Last Revision: November 10, 2011

1. INTRODUCTION.

This Website Use Agreement (“Agreement”) is a legal document. It outlines your rights and obligations as a User of this website (the “Site”), which is provided and operated by [insert company name] (“Provider,” “we,” or “us”), and the services and the content offered on or through the Site or any of its subdomains or affiliates (collectively, the “Service”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Users, irrespective of whether they have purchased products or services from us or have participated in any competition offered by us. Other agreements, which supplement this Agreement, may apply to your purchase or use of certain features or products offered on the Site.

We reserve the right to revise this Agreement, the Privacy Policy, and any other document applicable to the Site or the Service, from time to time in our sole discretion without further notice. If we do so, we will post the revisions on the Site and indicate the date of the last revision. You should regularly check the Site for the most current version of these documents.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS, EXCLUSIONS, AND PROCEDURES FOR RESOLVING DISPUTES. YOU ARE INVITED TO CONSULT WITH AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT.

2. DEFINITIONS.

As used in this Agreement:

A. “User” means an individual who accesses or uses the Site.

B. “Registration” means the process of registering to access or use the Service. You are “registered” when you create an account by providing a user name, password, and certain personal contact information as prompted on the Site.

C. “Registration Information” means the information, including user name and password, required to complete the registration process.

D. “Service” means the services, features, and content available to Users on the Site.

E. “Site Content” means all text, graphics, video, audio, links, communications, and other information contained on the Site, other than User Content.

F. “User Content” means all text, graphics, video, audio, links, communications, and other information submitted, posted, or shared by Users on the Site.

G. “Privacy Policy” means the Statement of Privacy Policy, as amended from time to time, as posted on the Site.

3. ELIGIBILITY TO USE THE SERVICE.

You must be 13 years old or older to use the Service. If you are at least 13 but are not yet 18 years of age, your parents or legal guardian should review this Agreement with you, discuss any questions you may have, and give you their permission to register and use the Service. By using the Service, you represent that you and your parent or guardian have agreed to the terms of this Agreement.

Notice to parents and guardians: you are advised to exercise supervision over your child’s use of the Service. If you do not agree to this Agreement, do not let your child use the Service. If you have any questions about the Service, please review our Frequently Asked Questions or contact us. If you are the parent or guardian of a child under 13 and believe that he or she is using the Service, please contact us. Please be advised that portions of the Site include User Content, some of which may contain “R-rated” material including nudity, violence or mature subject matter. We disclaim any responsibility for filtering or monitoring the content viewed by Users of the Site. Parents or guardians of minors who use the Site are solely responsible for filtering and/or monitoring their child’s use of the Site or the Service.

4. REGISTRATION AND PRIVACY.

You may create an account to use the Service by providing certain information as prompted during the account registration process. The information you provide must be accurate and complete, and must be kept current at all times. YOU AGREE TO KEEP YOUR CURRENT E-MAIL ADDRESS AND OTHER CURRENT REGISTRATION INFORMATION ON FILE WITH PROVIDER DURING THE TERM OF THIS AGREEMENT AND FOR ONE YEAR THEREAFTER.

You will create a user name and password (collectively, your “ID”) to access your account. You are responsible for maintaining the confidentiality of your ID. You must not share your password with anyone. You are fully and solely responsible for all activity associated with your account or occurring under your ID, including all User Content. You must notify us immediately of any unauthorized use of your ID. We will not be liable for losses caused by the unauthorized use of your account, but you may be liable for the losses we incur due to such unauthorized use. You agree that your right to use the Service is personal to you, and you may not resell, assign, or make any commercial use of the Service. IN OUR DISCRETION, WE MAY REFUSE THE REGISTRATION OF OR CANCEL AN ACCOUNT AT ANY TIME AND FOR ANY REASON.

Provider will not sell, exchange, or release your personal information or account information to any third party without your permission, except as required by law or by court or governmental order; as permitted in the Privacy Policy; or as you have otherwise agreed. Additionally, Provider may share or publicly disclose compiled, aggregated data containing no personally identifiable information. See the Privacy Policy for more information on Provider’s privacy practices.

5. LICENSE TO USE SERVICE.

Subject to the terms and conditions of this Agreement, upon acceptance of your registration you are granted a revocable, non-transferable, non-exclusive, limited right and license to use the Service. Provider reserves all rights in the Service not expressly granted in this Agreement. Provider may terminate this license at any time for any reason or no reason.

6. USE OF THE SERVICE AND THE SITE.

You agree to use the Service and the Site in accordance with the terms of this Agreement and applicable law. You may not use the Service to conduct any business or activity, or solicit the performance of any activity, that is prohibited by law or that encourages criminal activity. You may not upload, post, transmit, share, store or otherwise make available on the Site User Content which, in Provider’s sole judgment, is objectionable; which restricts or inhibits any other person from using or enjoying the Service or the Site; or which may expose Provider or Users to harm or liability. You will not attempt to hack, destabilize, decompile, reverse engineer, or adapt the Service or its source code. You will not transmit worms, viruses, malware, harmful content, or any code of a destructive nature to Provider or its Users. You will not use any high volume automated means (including robots, spiders and scripts) to access the Service. You may not use the Service or the Site to harvest personally identifiable information of other Users or to upload or transmit unauthorized or unsolicited advertising or promotions of any kind.

Provider reserves the right to remove from the Site, without notice, any content that does not conform to the standards set forth in this Agreement; and to cancel your account and terminate your right to use the Site in the event you have submitted any material or engaged in any activity that violates this Agreement.

7. USER CONTENT.

You represent and warrant that all User Content you post to the Service will be your wholly original material (except for any material you use with the permission of its owner), and that such User Content does not infringe any copyright, trademark or other rights of any third party, including any rights of privacy or publicity. You will not submit User Content that is copyrighted, protected by trade secret laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant Provider a perpetual, royalty-free right to use such User Content, along with any other license rights granted to Provider under this Agreement. You are solely responsible for keeping a duplicate copy of all User Content; we do not accept any responsibility or liability for the loss of your User Content.

You will not upload, submit, post, transmit, or share through the Service or the Site any User Content or other material that is libelous or otherwise defamatory; is fraudulent, obscene, vulgar, inflammatory, abusive, or harassing; is racially, ethnically, or religiously charged; is disparaging of or reflects negatively on Provider, any employee, partner, or agent of Partner, any other User, or any of Partner’s products or services; or infringes the rights of any third party, including intellectual property rights.

You understand that when using the Service, you will be exposed to User Content provided by other Users. You agree that Provider is not responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such User Content.

Any comments, suggestions, or feedback relating to the Service (collectively “Feedback”) submitted to Provider will become Provider’s property. We will not be required to treat any Feedback as confidential, will not be liable for any ideas (including product or advertising ideas) you share, and will not incur any liability as a result of any similarities that may appear in our future services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every user. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person providing the Feedback.

IN ADDITION TO ANY OTHER REMEDY AVAILABLE UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, PROVIDER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DENY ACCESS TO, DELETE, OR MODIFY ANY USER CONTENT PROVIDER DEEMS TO BE IN VIOLATION OF THIS AGREEMENT OR ANY APPLICABLE LAW.

8. LICENSE TO USER CONTENT. Videos and other User Content that you upload or otherwise transmit to through the Service remain your exclusive property. You are solely responsible for your User Content and the consequences of its posting or publication through the Service. By submitting your User Content, you hereby grant Provider and its affiliates, successors and assigns a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, modify, incorporate into other works, publicly perform and display all or any portion of your User Content, in or through any medium. User Content is not confidential, and Provider reserves the right to publish it in any medium without further authorization from or compensation to you. Provider shall not be liable for any use or disclosure of any User Content.

You grant each User a limited, non-exclusive, non-transferable, personal and non-commercial license to access and view your User Content through the Service. This right to access and view your User Content includes the right to copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your User Content.

9. SITE CONTENT.

All Site Content is proprietary to Provider, and may not be copied, downloaded, or used, except in conformity with this Agreement and the purposes of the Site.

10. SERVICE ACCESS AND SPEED.

Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond Provider’s control. Provider does not guaranty upload or download speeds or other performance beyond its control.

You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.

You may not have full access to the Service if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Service may be limited or denied. Provider is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while using the Service or the Site.

11. PARTICIPATION AT OWN RISK.

YOU ACKNOWLEDGE THAT YOUR PARTICIPATION IN ANY COMPETITION THROUGH THE SERVICE IS AT YOUR OWN RISK. SOME COMPETITIONS MAY INVOLVE A SUBSTANTIAL RISK OF BODILY HARM, PROPERTY DAMAGE, OR DEATH. PROVIDER DOES NOT ENCOURAGE OR ADVOCATE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, YOUR PARTICIPATION IN ANY ACTIVITY THAT EXCEEDS YOUR ABILITY LEVELS, IS ILLEGAL, OR OTHERWISE PLACES YOU IN A POSITION TO INCUR PHYSICAL, MENTAL, OR EMOTIONAL HARM OR PROPERTY DAMAGE. YOUR USE OF THE SERVICE MUST COMPLY WITH APPLICABLE LAW AT ALL TIMES.

12. THIRD PARTY SITES.

The Site may contain links to websites provided or operated by parties other than Provider. When you visit any such websites, you do so at your own risk. Provider undertakes no obligation to monitor such websites and is not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site. You should consult the user agreements and privacy and security policies of any such websites you visit.

13. MONITORING THE SERVICE.

Provider has no obligation to monitor the Service. However, Provider may do so and disclose information regarding use of the Service for any reason, as long as Provider adheres to the Privacy Policy and believes, in its sole discretion, that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; and protect Provider or its Users. Provider may immediately remove your personal information from its servers, in whole or in part, if Provider, in its sole discretion, determines that the information infringes the property rights of another.

14. CHARGES AND BILLING.

Competition entry fees are paid for in advance of submitting any User Content and are valid for one competition only. You will be required to re-enter and pay the entry fee to participate in another competition. Provider reserves the right to change its fee schedule without notice by posting the new competition entry fees on the Site. ALL PAYMENTS ASSOCIATED WITH THE SERVICE ARE NON-REFUNDABLE.

Most Users pay by credit card. If you don’t have a credit card, you may authorize Provider to make electronic fund transfers from your checking account. By selecting this billing option and providing Provider with your checking account information, you authorize Provider to debit your checking account for Service fees and other applicable charges. If your financial institution declines your payment, you agree to pay Provider a $25.00 NSF or closed account fee for every such occurrence—in addition to any fee your financial institution may charge.

Provider is not responsible for any charges or expenses (such as for overdrawn accounts or exceeding credit or debit card limits) resulting from charges billed by Provider. YOU AGREE TO MAINTAIN VALID AND CURRENT CREDIT CARD, DEBIT CARD, OR CHECKING ACCOUNT INFORMATION ON FILE WITH PROVIDER DURING THE TERM OF THIS AGREEMENT AND FOR ONE YEAR THEREAFTER.

We expect you to pay your account balance on time. Delinquent accounts may be suspended or canceled at Provider’s sole discretion; however, charges will continue to accrue until the Service is properly canceled. Provider may impose an additional charge to reinstate suspended or canceled Service. Provider will assess an additional 1.5% per month late charge (or the highest amount allowed by law, whichever is lower, with a minimum charge of $1.00) if your payment is 30 days past due. That amount is due immediately upon assessment. You are liable for any costs, including attorney and collection fees, Provider may incur in collecting any balance from you. IF YOUR ACCOUNT IS CANCELLED, YOU WILL BE BILLED FOR AND WILL PAY ANY OUTSTANDING BALANCE. YOU WAIVE YOUR RIGHT TO DISPUTE ANY BILLING PROBLEM OR DISCREPANCY UNLESS YOU NOTIFY US OF THE PROBLEM IN WRITING AT: [INSERT PROVIDER ADDRESS], WITHIN 60 DAYS AFTER (a) AN INDICATION OF THE PROBLEM FIRST APPEARS ON YOUR BANK OR CREDIT CARD STATEMENT, OR (b) YOU RECEIVE THE DISPUTED INVOICE OR STATEMENT FROM PROVIDER, WHICHEVER OCCURS FIRST.

15. TERMINATION AND CANCELLATION.

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You may cancel your account at any time by clicking the “Cancel My Account” link on the [insert descriptor] page. The account screen provides a simple no-questions-asked cancellation link. You may generate a backup of all of your User Content prior to canceling your account. All of your User Content may be immediately deleted from the Service, at our discretion, upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of a competition, your account will remain live until the end of the competition. At that time the Service will be terminated immediately. NOTWITHSTANDING ANY PROVISION OF THESE TERMS OF USE TO THE CONTRARY, PROVIDER, IN ITS SOLE DISCRETION, MAY SUSPEND OR CANCEL YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICE FOR ANY REASON AT ANY TIME. SUCH TERMINATION OF THE SERVICE WILL RESULT IN THE DEACTIVATION OR DELETION OF YOUR ACCOUNT OR YOUR ACCESS TO YOUR ACCOUNT, AND THE FORFEITURE AND RELINQUISHMENT OF ALL USER CONTENT IN YOUR ACCOUNT.

YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH PROVIDER. This includes any dispute related to, or arising out of: (a) any term of this Agreement or the enforcement or application of this Agreement; (b) any policy or practice of Provider, including the Privacy Policy and Provider’s security practices, or the enforcement or application of these policies or practices; (c) your ability to access or use the Service; and (d) the amount or type of, or changes to, fees, surcharges, applicable taxes, or billing methods. All provisions of this Agreement that by their nature are intended to survive termination, including Sections 16 through 26, will remain in force if your account is cancelled for any reason.

16. SECURITY.

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guaranty that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information and other User Content at your own risk.

17. COPYRIGHT POLICY.
 If you believe that your copyrighted work is accessible via the Service in a manner that infringes your copyright, please notify Provider’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

▪ An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

▪ Identification of the copyrighted work you claim has been infringed;

▪ Identification of the material that is claimed to be infringing and where it is located on the Service;

▪ Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;

▪ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

▪ A statement made under penalty of perjury that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Your notification must be submitted to: [insert name], DMCA Agent, [insert address]; Telephone: [insert telephone];
E-mail: [insert e-mail].
 UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY FEES. Provider has adopted a policy of terminating, in appropriate circumstances, account holders who are repeat infringers. In its discretion, Provider may also limit access to the Service and/or cancel the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

18. LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PROVIDER MAKES NO EXPRESS WARRANTIES, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH PROVIDER OR THE INTERNET GENERALLY. NO STATEMENTS MADE, OR ADVICE OR INFORMATION GIVEN, BY PROVIDER, ITS REPRESENTATIVES, OR ANY USER WILL CREATE A WARRANTY.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PROVIDER, ITS EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET, OR YOUR PARTICIPATION IN ANY COMPETITION, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. PROVIDER’S CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE.

PROVIDER WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; THE USE OF THE SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF PROVIDER OR ANY THIRD PARTY; THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION; ANY INJURIES ARISING OUT OF YOUR PREPARATION FOR, PERFORMANCE OF, OR PARTICIPATION IN ANY COMPETITION ASSOCIATED WITH THE SERVICE; OR THE QUALITY AND MERCHANTABILITY OF ALL SERVICES OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS APPLY TO THE ACTS AND OMISSIONS (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) OF PROVIDER AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION AGAINST ANY SUCH PERSON IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. PROVIDER WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT SUCH LIMITATIONS. ANY WARRANTY UNDER THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

19. JURISDICTION; LIMITATION OF ACTIONS.

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF [INSERT STATE OF PROVIDER’S PRINCIPAL LOCATION] WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS, EXCEPT AS SUCH LAWS MAY BE PREEMPTED BY THE LAWS OF THE UNITED STATES. YOU CONSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF [INSERT STATE], OR THE COURTS OF THE UNITED STATES OF AMERICA LOCATED IN THE STATE OF [INSERT STATE], AS THE SOLE FORUM TO RESOLVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE. YOU AGREE THAT, REGARDLESS OF ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE AGREEMENT OR THE USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE.

20. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Provider and its affiliates, subsidiaries, employees, partners, contractors, officers, directors, telecommunications providers, and content providers from all liabilities, claims, and expenses, including attorney fees, arising out of your breach of this Agreement; your use of the Service or the Internet; any activities you or others engage in as part of a competition you post on the Service; or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to your indemnification. In that event, you will have no further obligation to provide a defense for Provider in that matter. In no event will you compromise, settle, or resolve any claim against Provider without its prior written consent.

21. ELECTRONIC COMMUNICATION AND ELECTRONIC SIGNATURES.

You agree to be bound by any affirmation, assent, or agreement you transmit through the Service, including but not limited to any consent you give to receive communications from Provider solely through electronic transmission. You agree that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer or mobile device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

22. TRADEMARK AND COPYRIGHT LEGAL NOTICES.

Any trademarks, registered trademarks, or service marks of Provider placed on the Site are the sole property of Provider. Provider does not grant any license or other authorization to use any of its trademarks, registered trademarks, copyrightable material, or other intellectual property.

23. SEVERABILITY.

The provisions of this Agreement are severable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions, and each provision will be enforced to the fullest extent allowed by applicable law.

24. NO THIRD-PARTY BENEFICIARIES.

This Agreement is made for the exclusive benefit of, and is binding upon, Provider and the User, and their respective heirs, successors, and assigns. No other person or entity will have any interest under this Agreement or be classified as a third-party beneficiary.

25. ENTIRE AGREEMENT.

This Agreement (including the Privacy Policy) constitutes your entire agreement with Provider and governs your use of the Service. It supersedes all previous or contemporaneous representations or agreements, written or oral, regarding your use of the Site or the Service. You may be required to accept other agreements, which supplement this Agreement, in order to purchase or use certain features or products offered on this Site.

26. OPEN SOURCE LICENSES.

The following open source tools are used by the Service: FFmpeg - Encoding tool © 2009-Fabrice Bellard (originator of the FFmpeg project), et al. License: GNU GENERAL PUBLIC LICENSE http://www.ffmpeg.org source code.

Statement of Privacy Policy

Date of Last Revision: November 10, 2011

[Insert name of customer] provides internet and mobile social interaction platforms and applications developed and operated by Podium, Inc. (“Podium”), which allow users to participate in online competitions.

Applicable law requires us to provide users who our service a description of our information collection and sharing practices. This Statement of Privacy Policy (“Privacy Policy”), effective as of the revision date listed above, specifically describes how we handle personally identifiable information, and applies to services provided by Podium.

Information Collection and Use

Use of Information. You license us to use the contact information (name, address, phone number, and e-mail address) and financial information (credit card information, account names and numbers) you share with us for the limited purposes outlined in this Privacy Policy. We will not sell, share, or rent your financial information. We will not share your personally identifiable information with third parties except as required by law, to fulfill your request for service, or as otherwise outlined in this Privacy Policy. However, Podium may share or sell your contact information for purposes of further marketing or to improve its services. To maximize the value of our services, we may request or collect information from you when you visit our websites. Whenever we ask for additional or optional information, we identify those fields appropriately so you may know what information is required to provide the requested service. This Privacy Policy describes the scope and purpose of our information collection practices, and the circumstances under which your information may be used or disclosed.

Service Enrollment and Usage. When you register for any competition or other service, you will be asked to select a user name and password, and to provide us your full name, address, zip code or postal code, phone number, and e-mail address. We use your user name and password to verify your identity, which is required to give you access to our service. We ask you to provide us a unique identifier in order to identify you in case you forget your password. We may ask for your credit card number or checking account information to process your payments, if any. We will use your e-mail address as our primary source of contact with you regarding our service. We may also ask you for personal survey information about why you subscribed to our service. The information gathered from the survey will help us provide you with better products and services in the future. Occasionally, we may also use your e-mail address to offer you the opportunity to provide additional input to us via other surveys that will help us improve our products and services.

Technical and Product Support. In order to provide you with technical and product support, we ask for your name and e-mail address. We may use your contact information to contact you regarding service updates or specific support questions. We may also contact you for additional opportunities to provide feedback on our products and services, unless you request not to receive such communications.

Contests and Surveys. From time to time, we may offer you the option to participate in contests or surveys. If you would like to participate, we may ask you for contact information, preferences, or other information. This information may be used to conduct research, improve our offerings, or award prizes. Our contests may have separate rules that describe how the information you supply will be used in each case.

Information about Your Computer or Browser. We collect information about your computer or web browser in order to analyze trends and administer our websites. We gather broad demographic information so we can provide our users with a better web experience and appropriate products and services, and also to format e-mail messages to align best with your computer’s capabilities. This information is collected in a generic aggregate format and is not linked to personally identifiable information.

Aggregated Data About User Transactions. Notwithstanding any provision of this Privacy Policy to the contrary, Podium collects and may share or publicly disclose compiled, aggregated data concerning demographics or transactions of end users. This information is collected in a generic aggregate format and, to the extent it is shared or disclosed, will not contain any personally identifiable information.

Links to Other Sites. Our websites may contain links to other sites. Please be aware that we are not responsible for the privacy practices of other websites. We encourage our users to be aware when they leave our site, and to read the privacy policy of every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by our websites. Please review the privacy policies of our partners to determine how they will use the information they collect. We are not responsible for the information practices of any third parties, including our web partners.

Web Site Cookie Usage. In order to serve you better and protect your account information, we use “cookies,” nuggets of data that are stored on your hard drive as a file. We use cookies to verify your identity while you are using our websites. Cookies make it easier, faster, and more secure for you to log into and use our websites. Cookies do not compromise privacy or personally identify users. Their data is usually stored on your computer’s hard drive as a file or folder called “Cookies,” and you can delete this file anytime you choose. The cookies used on our websites are valid only for the current session and shortly become invalid. Cookies created by one site will work only with that specific site. Site A, for example, cannot read cookies generated by Site B and then use that information for purposes for which it was not intended.

Referrals. If users elect to use our referral service to inform others about our site or products, we ask them for a name, phone number, and e-mail address for themselves and for the person being referred. We will automatically send the referred person a one-time e-mail, or telephone them one time inviting them to visit the site or make a purchase. We store this information for the purpose of sending this one-time e-mail or making this one-time phone call. The referred person may contact customer service through links on our website to request the removal of this information from the referral database.

Former Customers. We treat information concerning our former customers the same way we treat information about our current customers, as outlined in this Privacy Policy.

Children. Because of the nature of our business, our websites are not designed to appeal to children under the age of 18. Therefore, we don’t knowingly attempt to solicit or receive any information from minors.

Access to Your Information

We do not share your personally identifiable information with third parties except as described in this Privacy Policy, or except as you have otherwise agreed. The information you provide us will be shared only under limited circumstances. These include:

With Approved Web Partners. If you have enrolled after coming to this website through an approved web partner site, we will provide to the approved web partner a copy of your name, mailing address, and e-mail address. We will NOT provide any approved web partner your financial information, but only the information listed above. Approved web partners are restricted by contract from sharing this personal information with any third parties, and from using this information other than in accordance with their published privacy policies.

With Service Providers. In some cases, we will employ or work with service providers such as marketing or security consultants, temporary workers, third-party software developers, or outsourcers to complete a business process or provide a service on our behalf. We may use service providers to deliver products, to offer online software applications, or to send e-mails on our behalf. While this may require that we share some information, we will share only information the service provider must have to perform the requested services. For example, a service provider who delivers products on our behalf would need to have a delivery address, but not financial information. These service providers are strictly prohibited by contract from using your information for any purpose other than to act on our behalf. Notwithstanding the foregoing, Podium may collect and share contact information you through our service for purposes of further marketing and improvement of the service.

For Legal Reasons. In some cases we may be required to disclose certain information to comply with the law, an investigation, or a legal process, such as a court order or subpoena.

In Case of a Sale of Business. Your information may be transferred in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock or otherwise) of all or a portion of a business operated by Podium or its affiliates.

Information Opt-out Choice

When Podium sends you information, we give you the opportunity to opt-out of receiving further information. Simply use the unsubscribe feature provided within each e-mail, or contact us via Live Chat. We may send you site and service announcement updates. You are not able to unsubscribe from service announcements, which contain important information about service. We communicate with you by e-mail regarding issues relating to your account or to provide requested services.

Security Safeguards

We employ industry-standard physical, electronic, and procedural security safeguards to help protect the personally identifiable information you have provided to us from loss, misuse, or unauthorized alteration.

Correcting/Updating Personal Information

On our website, we provide you the opportunity to update or correct your account, financial, and credit card information. You are responsible to keep on file with us current personal and financial information in order to use our services.

Changes to Our Privacy Policy

We may revise this Privacy Policy or our practices with respect to how we use personally identifiable information at any time. We will post to our website any significant revisions at least 30 days before they take effect.

How to Contact Us

Questions regarding this Privacy Policy, our information practices, or other aspects of privacy on our websites should be directed to Podium customer service in accordance with the instructions on our website.

Podium and the Podium logo are trademarks or registered trademarks of Podium, Inc.