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All present and future use of any part of this Website, including, but not limited to, participating in Activities, subscription for any Service, or posting content on the Website (such different types of actions shall be referred to herein, collectively, as "
If you are under 13 years of age, please do not Use the Website. Any registration by, or Use of, the Website by anyone who does not comply with the foregoing requirements is strictly prohibited.
Content Ownership Rights
All content on the Website (except for User Submitted Content (as defined below) posted in the various Activities), including without limitations, text, software, scripts, graphics, photos, video, sounds, music, interactive features and Activity formats (the "
Activity Content Ownership Rights
In the process of creating your own Activity, you may post information, materials, images, photographs, videos, etc. (collectively, the "
No Monitoring of Content Posted on the Website
However, we do not undertake to monitor the Activities, the User Submitted Content posted in such Activities or resources and links contained in the Activities and, therefore, cannot undertake to censor the content of the Activities or take other actions unless we receive a Notification of Inappropriate or Illegal Content Claim.
Website Guidelines Regarding Prohibited Content
The Website Guidelines strictly prohibit posting unsuitable, offensive or otherwise illegal or infringing content and we reserve the right to edit or censor content which, in our option, does not comply with the Website Guidelines.
Inappropriate content ("
Inappropriate Content") includes, inter alia:
incorrect or misleading content (including falsely stated or otherwise misrepresented affiliations with a person or entity)
content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties protected under any law, contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
content that encourages inappropriate, dangerous, immoral or illegal behavior (e.g. humiliation or abuse of humans or, animals), hate content (including content intended to attack or demean a particular gender, sexual orientation, race, religion or nationality or which is otherwise abusive), drug use, sexual abuse, bomb making, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy or hateful)
content which includes pornography or other sexual explicit content (including the various forms of nudity not generally acceptable in public e.g. beach-wear is acceptable while topless pictures are not)
content intended to shock or disgust the users (e.g., war footage, accidents, dead bodies)
content which includes or otherwise makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, the use of automated systems of any kind, including without limitation, robots, spiders, or other information scrapers, to access, acquire, or download information on this Website is expressly prohibited. Examples of such prohibited actions include employment of such systems in connection with commercial objectives, for mass user registration or in a fashion that directly or indirectly violates the privacy interests of any users. You may not circumvent, disable or otherwise interfere with the security related features of the Website or features that prevent or restrict use or copying and the User Submitted Content therein.
Accordingly, if the content you wish to add to an Activity includes any of the above or otherwise would reasonably be deemed to be inappropriate for access by the general public, offensive or illegal, even if such content refers to you, you may not post such content on the Website.
Notwithstanding the foregoing, you understand and acknowledge that when Using the Website, you will be exposed to User Submitted Content from different sources and we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submitted Content. Furthermore, you understand and acknowledge that we undertake no duty to determine and make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this Website, and will assume no liability for any losses or damages alleged to arise from use of or reliance on such software.
Inappropriate Content Claim
In our attempt to uphold the Website Guidelines, we kindly request that you promptly notify us in writing, using our Contact Us page, if you come across any content in the Website which, in your opinion, falls under the Inappropriate Content definition (other than Inappropriate Content which is also illegal or infringing content, which is dealt with separately in our Copyright and Illegal Content policies).
Upon receiving written Inappropriate Content notice, we shall have the right to remove said work and will not permit its re-posting unless or until we determine that such claim is without merit.
Illegal or Infringing Content Claim - see Copyright and Illegal Content policies
Links to Third Party Sites
Limitations on Access or Use
As indicated above, the access and Use of the Website and/or the Services is subject to the user's compliance with the age and legal capacity requirement described above.
Termination and Suspension of Access or Use
In consideration of your use of the Website or any Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Website, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account (the "
Account") and for any actions that take place using your Account.
PARTICIPATION IN CONTESTS
SKILL BASED CONTESTS
All contents posted on this Website (the "Contests") are "skilled based" contests, as described in the applicable Contest Terms and Rules.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, A CONTEST POSTED ON THIS WEBSITE WILL BE DEEMED VOID WHERE PROHIBITED BY APPLICABLE LAW.
CONTEST TERMS AND RULES ARE NOT EXHAUSTIVE
The Contest Terms and Rules are an integral part of these General Terms and Conditions. Accordingly, the General Terms and Conditions will apply also to the participation in any Contest (e.g., the requirement to be 13 years of age or older).
The participation in Contests are also subject to our
PERSONS PROHIBITED FROM PARTICIPATING IN CONTESTS
Without derogating from the General Terms and Conditions, persons in any of the following categories are not eligible to participate in any Contest: (a) any of our officers, directors, employees or agents, (b) immediate family members (i.e., parents, children, siblings, spouse and/or those living in the same household) of any person listed in (a) above; (c) residents of any country currently subject to U.S. embargo and (d) employees of any government entity.
A participant in a Contest must have access to the Internet and a valid email address in order to participate in a Contest.
We reserve the right to disqualify any individual who tampers with the entry process. Caution: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made and we reserve the right to seek damages from any such participant to the fullest extent of the law.
A participant may be prohibited from participating in a Contest if we, in our sole discretion, reasonably believe that the participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants or us.
CONTENT SUBMITTED BY PARTICIPANTS
Only original submissions that are personally created by the participant will be eligible to win a Contest.
Any false information provided within the context of a Contest by any participant concerning identity, postal address, telephone number, ownership of right or non- compliance with the Contest Terms and Rules or the General Terms and Conditions or the like may result in the immediate elimination of the participant from such contest.
WINNERS OF CONTESTS
We reserve the right to select winners from eligible entries received prior to and as of the applicable Contest termination date.
Unless expressly stated otherwise in the applicable Contest Terms and Rules, the winner/s of each Contest will be selected by a panel of people holding management positions or other senior positions at WebStudiyo Productions LTD, which are deemed by us to have the skills required in order to judge such Contest. Decisions of these judges are final, non- appealable and binding and deliberations of such panel are and shall remain confidential.
In the event that the employer of a participant (which participated in a Contest using an office computer or the office internet services) has a policy which prohibits the awarding of a prize to an employee, the prize will be forfeited and an alternate winner will be selected.
Unless expressly stated otherwise, the winner will be notified by e-mail and/or phone and/or mail at our sole discretion.'
Any potential winner who cannot be contacted within 15 days of first attempted notification will be deemed to have forfeited his/her prize and an alternate winner may be selected.
In addition to all other applicable terms and contusions, as a condition to the receipt of a prize handed out in any Contest, the winner will be required to sign a copy of the Terms and Conditions (including the applicable Contest Terms and Rules), a form releasing us from all claims and an affidavit of eligibility, all of which must be delivered to us by no later than 30 days following the receipt of notification of your winning. Failure to comply within this requirement may result in disqualification and selection of an alternate winner.
We reserve the right to substitute any prize for an item of equal or greater value in the event all or part of a prize becomes unavailable.
Prizes are awarded without warranty of any kind, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local law or regulation. All federal, state, provincial and local laws and regulations apply.
To the fullest extent permitted by applicable law, acceptance of the prize by a winner constitutes permission for, and winners consent to, our use a winner's name and/or likeness and entry for advertising and promotional purposes without additional compensation.
RIGHT TO TERMINATE OR CANCEL A CONTEST
Without derogating from any other provision contained herein, if for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, disruption or termination of the website for any reason or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of a Contest, we reserve the right in our sole discretion to immediately cancel, terminate, modify or suspend such contest.
To the fullest extent permitted by law, each participant in a Contest agrees to hold us, our subsidiaries, agents, affiliates, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in a Contest and/or use or acceptance of any prize won.
To the fullest extent permitted by applicable law, we hereby disclaim any and all liability and responsibility for (i) electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, (ii) theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, inaccurate transmissions of or failure to receive entry information by us on account of technical problems or traffic congestion on the Internet or at any Website or any combination thereof, or (iii) for fraud, viruses, or other events that compromise the integrity of the Contest, and (iv) any typographical or other error in the printing of the offer, administration of a Contest or in the announcement of the prize. We reserve the right to terminate or modify the Contest in such situations.
To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with a contest posted on the Website are hereby excluded, and each participant expressly waives any and all such rights. Each participants shall be deemed to have agreed that these Official Rules are governed by the laws of the state of California, USA.
THE WEBSITE, SERVICE AND ANY USER SUBMITTED CONTENT OR ANY OTHER CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, THE SERVICE, AND ANY CONTENT OBTAINED THROUGH THE USE OF THIS WEBSITE OR THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES. TO THE TO THE FULLEST EXTENT PERMITTED BY LAW. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE OR ANY CONTENT POSTED (INCLUDING ANY AND ALL USER SUBMITTED CONTENT) ON IT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT SUCH CONTENT IS NOT INAPROPRIATE CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION OR ANY OTHER INTELLECTUAL PROPERTY BY VENDORS OR OTHER THIRD PARTIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, SERVICES OR ANY CONTENT INCLUDING USER SUBMITTED CONTENT POSTED ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USE FOR THE SERVICES.
The Website is controlled and offered by use from our facilities in the United States of America. We make no representations that the Website is appropriate or available for Use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect.