Tuesday, May 26th, 2020 - 7:19pm ET
Online-Sweepstakes.com User Agreement/Disclaimer
The Online-Sweepstakes.com Web Site (the "Site") is an online information service provided by Online-Sweepstakes.com ("Online-Sweepstakes.com"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Online-Sweepstakes.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.1. Copyright, Licenses and Submissions.
All information, software, HTML, graphics or other material (collectively, "Content") on the Site are protected by U.S. and international copyright and trademark laws and may not be copied or reproduced without the express written permission of Online-Sweepstakes.com, with the sole exception of copying, downloading or printing one copy of the material on one computer for your own personal, non-commercial use only. All Content (such as sweepstakes and contest listings and message board posts) is copyrighted as a collective work under U.S. copyright laws, and Online-Sweepstakes.com owns a copyright in the selection, coordination, arrangement and presentation of such Content.2. Use of the Site.
Use of any of the Content on the Site for any other purpose than your own personal, non-commercial use is strictly prohibited. YOU MAY NOT OTHERWISE MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, ENTER INTO A DATABASE, CREATE DERIVATIVE WORKS, OR DISTRIBUTE, IN WHOLE OR IN PART, IN ANY MANNER, THE CONTENT ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Online-Sweepstakes.com reserves the right to pursue any and all legal and equitable remedies available to us against any web site, message board, newsgroup, newsletter, periodical or other such entity found to be containing any of the Site's Content in violation of copyright laws, as well as any individual(s) found to be responsible for submitting, posting, transmitting, distributing or otherwise providing the Site's Content to any of the aforementioned entities, whether in violation of copyright laws, the terms and conditions of this Agreement, or both.
You agree to grant to Online-Sweepstakes.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, reproduce, distribute, publish, create derivative works from and publicly display any materials and information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any area of the Site (such as the message board and the sweepstakes and contest directory) for any and all commercial and non-commercial purposes. Any materials submitted, posted, uploaded or otherwise communicated to the Site become the copyrighted property of Online-Sweepstakes.com. You acknowledge that you are responsible for whatever material you submit, and that you, not Online-Sweepstakes.com, have full responsibility for the submission, including its legality, reliability, appropriateness, originality, and copyright. You agree that you shall have no recourse against Online-Sweepstakes.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Online-Sweepstakes.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Online-Sweepstakes.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
You understand that, except for information, products or services clearly identified as being supplied by Online-Sweepstakes.com, Online-Sweepstakes.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for Online-Sweepstakes.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Online-Sweepstakes.com. You also understand that Online-Sweepstakes.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.3. Indemnification.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Online-Sweepstakes.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND Online-Sweepstakes.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. Online-Sweepstakes.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Online-Sweepstakes.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
You acknowledge that Online-Sweepstakes.com has the right in their sole discretion to pre-screen and/or refuse any information or material that you submit, post, email, upload or otherwise communicate to the Site, and to remove any Content from the Site that violates these Terms and Conditions or is otherwise objectionable.
You acknowledge, consent and agree that Online-Sweepstakes.com may access, preserve and disclose any information or material provided to Online-Sweepstakes.com, including any personal information, if required by law or in a good faith belief that doing so is reasonably necessary to (a) comply with legal process; (b) enforce and/or investigate these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property and safety of Online-Sweepstakes.com, its users and the public as required or permitted by law.
LIMITATION OF LIABILITY
IN NO EVENT WILL Online-Sweepstakes.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Online-Sweepstakes.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Online-Sweepstakes.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Online-Sweepstakes.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Online-Sweepstakes.com web site, please understand that it is independent from Online-Sweepstakes.com, and that Online-Sweepstakes.com has no control over the content on that web site. In addition, a link to a web site does not mean that Online-Sweepstakes.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Online-Sweepstakes.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of Online-Sweepstakes.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.5. Termination of this Agreement.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Submissions), 2 (Use of the Site), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.6. Miscellaneous.
You may terminate this agreement at any time, by destroying all materials obtained from Online-Sweepstakes.com, along with all related documentation and all copies and installations.
Online-Sweepstakes.com may terminate this agreement and revoke your user account(s) at any time and without notice, if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from Online-Sweepstakes.com. Refunds, in the case of any payments made for premium service or access to the Site, will be given only at the sole discretion of Online-Sweepstakes.com.
This site is created and controlled by Online-Sweepstakes.com, from its offices in the State of Ohio, USA. As such, these disclaimers, terms and conditions shall all be governed and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between Online-Sweepstakes.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state of Ohio. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES Online-Sweepstakes.com MAKES IN THESE TERMS, PLEASE EXIT THE SITE IMMEDIATELY.
Online-Sweepstakes.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Online-Sweepstakes.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
Online-Sweepstakes.com may revise these Terms and Conditions at any time and without notice to you by simply updating this web page. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on other pages at this Site.
Any rights not expressly granted herein are reserved.