EFFECTIVE DATE: 8/1/2014
These Terms may change. Everybody Wins! reserves the right to update or modify these Terms at any time without prior notice. Your use of this Site following any such change constitutes your agreement to be bound by the modified Terms. We encourage you to review these Terms prior to your use of the Site.
1. AUTHORITY TO ACCEPT TERMS
By using the Site, you represent and warrant that you have the authority to accept these Terms on and will abide by and comply with these Terms. If you do not agree with these Terms, do not access the Site.
2. USE OF THE SITE
You agree to not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree 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. You agree not to use the Site in any way that might harm, damage, or disparage any other person or entity. Without limiting the proceeding and by way of example, you agree that you will not:
- Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
- Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Site;
- Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
- Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site;
- Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
- Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
- Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
You agree to:
- Comply with all notices, instructions and rules posted on the Site; and
- Implement all Internet access and all security procedures required to use the Site at you sole expense.
3. USER PROVIDED CONTENT
As a user of the Site, you may be allowed to submit content, including images, text, multimedia documents, links and other content enable by the Site from time to time (“User Content”). Unless portions of the site expressly state information will not be made available to other users, any User Content submitted to the Site will be made available to other users of the Site. Do not submit User Content if you do not want other users to have access to it.
By submitting User Content to the Site, you grant Everybody Wins! the non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You warrant you have all rights necessary or appropriate to disclose such User Content and post it to the Site, and that submitting the User Content will not violate the rights of any third party, including without limitation any proprietary or privacy rights.
You agree you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, without permission of the owner of such rights.
4. INTELLECTUAL PROPERTY RIGHTS NOTICE
As between you and Everybody Wins!, Everybody Wins! alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and all content on the site, including for example all images, logos, illustrations, graphics, audio clips and text, represents valuable proprietary and intellectual property of Everybody Wins! or its licensors. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Site or the intellectual property rights owned by Everybody Wins!. Such content and information is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content and information without the express written permission of Everybody Wins!. Any attempt to download, print, publish or maintain a significant portion of content or information from the Site, to distribute copies of such information or content, or to otherwise exploit the information or content in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms.
5. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Everybody Wins! designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
6. third party content and links
From time to time, the Site may contain references or links to third-party materials (including without limitation PayPal, Facebook and other websites) not controlled by Everybody Wins! or its suppliers or licensors. Everybody Wins! provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Everybody Wins! is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site.
Everybody Wins! may, but is under no obligation to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums. However, Everybody Wins! will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Everybody Wins! retains the right, but has no obligation, to remove messages that include any material Everybody Wins! in its sole discretion deems abusive, defamatory, obscene or otherwise unacceptable.
7. Privacy and Security
You agree to indemnify and hold harmless Everybody Wins! and its licensors and suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms or misuse of the Site by you or any of your representatives or agents.
THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITYTO USE THIS SITE, OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF $100.
11. Modifications and interruption to service
Everybody Wins! reserves the right to modify or discontinue the Site or any content or services made available via the Site, in whole or in part, with or without notice. Everybody Wins! shall not be liable to you or any third party should Everybody Wins! exercise its right to modify or discontinue the Site service. You acknowledge and accept that Everybody Wins! does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
These Terms will be governed by the laws of the State of Georgia, without regard to its conflicts of law provisions. You agree to the exclusive jurisdiction of the state and federal courts located in the metropolitan area of Atlanta, Georgia. In the event that a court of competent jurisdiction should hold that any of the provisions of the Terms are held unenforceable or invalid, that court shall attempt to craft an enforceable and valid provision most closely matching the intent of the parties, or if the court is unable or unwilling to do so such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms or any other notice, directive, or rule otherwise posted on the Site shall constitute consent to any prior or subsequent breach.