Terms of Service

Introduction

Welcome to prizes.org. By using prizes.org and our related sites, services, and tools (the "Services"), you agree to the following terms of service (these "Terms"). You are authorized to access the Services only if you accept these Terms, which are a legally binding agreement between you and us. These Terms include this document, our Privacy Notice, and any of our other policies, rules, or guidelines linked from this document.

You can accept these Terms by clicking to accept or agree to them, where we provide such an option in the user interface of the Services. You also accept these Terms by using the Services, and you understand agree that we will treat your use of the Services as acceptance of these Terms from that point onwards.

If you are not of legal age to form a legally binding contract with us, or if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, then you may not accept the Terms or use the Services.

We may make changes to these Terms from time to time. When we do so, we will post updates at this location, and new Terms will be made available to you through the Services. You understand and agree that if you use the Services after the date on which the Terms or have changed, we will treat your use as acceptance of the updated Terms.

Before you continue, we recommend you save or print a copy of these Terms for your records.

Contest creation

Note: for convenience, we've divided this part of the Terms into two sections roughly corresponding to the two roles on the Services, but both sections apply to all users.

The Services allow you to create a contest, or a request for other users to create content, backed by a "prize" - a number of credits that you specify, within limits we set and may change from time to time. The credits you specify will be deducted from your account as soon as you create the contest. We may specify a fee in credits for listing, and that fee will be deducted as well, but not listed as part of the prize. These requests run for a specified period of time.

1. Your request may not solicit unlawful content, including but not limited to content that infringes a third party's legal rights including but not limited to copyright, trademark, or rights of privacy; nor may it solicit content that violates these Terms.
2. You understand and agree that other users' entries in response to your request may not meet your expectations or be suitable for your intended purpose, but you may nevertheless be required to choose a entry.
3. You may not be able to alter your contest after you have launched it.
4. In particular, while these Terms prohibit entries from violating applicable law, it is not possible for us to identify and block all entries which do so. You understand and agree that we cannot guarantee that you will have the legal right to use any content you receive from a contest.
5. You understand and agree that we may reject and remove entries for violation of these Terms.
6. We may also remove your contest for violation of these Terms, in which case you will not be entitled to have any credits restored to your account.
7. You may be obligated to choose a winning entry at the end of the contest, depending on the number of entries your contest receives. If you do not choose a winning entry, you understand and agree that we may select one, or we may distribute the contest credits to multiple entrants without choosing any winner.
8. If your contest closes with a small number of entries, we may give you the option to relist your contest or contact us to request the credits associated with the contest be returned to your account. You understand and agree that we are under no obligation to do so.
9. If your contest yields a winning entry, we grant to you a perpetual, worldwide, royalty-free, non-exclusive license to the winner's Entry and Deliverable (as defined below), to the extent that we have the legal authority to do so. We do not grant any such license for Entries or Deliverables associated with entries that did not win.
10. You understand and agree that the non-exclusive nature of the license described above means that either we or the provider of the winning entry may license content from the entry to parties other than you.

Contest participant

You may provide an entry in a contest in an effort to claim the prize. Your entry may be in two parts:

• A "Entry," viewable by anyone. This is what the contest creator sees while the contest is ongoing and is used as the basis .
• A "Deliverable," which you must provide to the contest creator if you are the contest winner. (In some cases, there may be no Deliverable separate from the Entry.)

1. You may not enter a contest that you created.
2. Your entry must comply with applicable law and with these Terms.
3. Whether or not your entry becomes the winner will be entirely up to the discretion of the contest creator, or in some cases, our discretion.
4. If your entry is the winning entry, you grant us (in addition to the license specified elsewhere in these Terms) a worldwide, royalty-free, perpetual, and irrevocable non-exclusive license to your Entry and Deliverable, which we may sublicense to the contest creator. You confirm and warrant to us that you have all the rights, power and authority necessary to grant that license.
5. You must provide your Deliverable to the contest creator using the functionality we provide.
6. Your Entry must accurately and not misleadingly describe your Deliverable. In the event of a dispute, you understand and agree that we have the sole authority and discretion to decide whether it does so.
7. Once we've verified that you have provided your Deliverable to the creator of a contest that you've won, we will associate credits with your account corresponding to the credit value of the contest.

Payment and taxes

You may redeem credits by receiving from us a money payment, less fees imposed by us or our payment processor(s) that we may update from time to time. We may set a minimum number of credits for redemption, as well as a maximum number of credits that may be associated with your account at any given time, and we may delay payment as reasonably necessary to protect ourselves from fraud and abuse.

You understand and agree that we will require you to provide tax documentation, such as an Internal Revenue Service Form W-9 or other appropriate forms, before you may receive any payment from us. If you do not provide these forms when requested, we will not allow you to redeem any credits. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services.

Your account and use of the Services

To use the Services, you may be required to create an account with us. You are responsible for maintaining the confidentiality of your password or other authentication credentials associated with your account, and you understand and agree that you will be solely responsible for all activities that occur under your account.

You agree that your use of and conduct on the Services shall be lawful and will not:

1. include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
2. include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
3. defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
4. promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances;
5. violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
6. use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
7. be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
8. reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
9. attempt to impersonate any other party;
10. create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
11. trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords;
12. make improper use of our support services or submit false reports of abuse or misconduct;
13. create or transmit unwanted electronic communications such as "spam," to other users or members of the Services or otherwise interfere with other users' or members' enjoyment of the Services;
14. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
15. disseminate or transmit viruses, worms, Trojan horses, remote administration tools, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
16. copy or adapt the Services' software including but not limited to Flash, PHP, HTML, JavaScript or other code;
17. reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services use to generate web pages or any software or other products or processes accessible through the Services;
18. except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
19. cover or obscure any notice, banner, advertisement or other branding on the Service;
20. disguise the source of your contest submissions, entries, or other information you submit to the Services, or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Services;
21. interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
22. sell access to the Service or any part thereof including but not limited to credits in exchange for real currency or items of monetary value other than through a mechanism approved by us;
23. involve cheating or any other activity deemed by us to be in conflict with the spirit or intent of the Services.
24. otherwise violate any policies applicable to the Service or forum in which you are participating.

If you violate these Terms, we may terminate your account, revoke your contest or entry, or otherwise restrict your access to and use of the Services. You understand and agree that this action may result in your losing access to your account, including your credits, and you will have no entitlement to redeem those credits.

Provision of the services

You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you.

Intellectual property policy

It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

If you believe your legal rights have been or are being violated by a user of the Service, you may contact us at help@prizes.org, or by postal mail sent to the address below.

Content license from you

You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling us to display, distribute and promote the Services.

You understand that we, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.

You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license.

Other than the limited licenses set forth in these Terms, we acknowledge and agree that we obtain no right, title or interest from you (or your licensors) under these Terms in or to any content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with us, you agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.

Proprietary rights and license from us

You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.

Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Services as provided to you by us (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by the Terms.

Unless we have given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.

About us / Miscellaneous

Prizes.org is offered by Slide (part of Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA, USA).

The Terms constitute the whole legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.

You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with us under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and we agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

You agree that you are not a third-party beneficiary of these terms as they may be applied to other users of the Service, and that we have no obligation to enforce these Terms.

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT our WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

IN PARTICULAR, WE AND OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN THE SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
2. ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
4. YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.