PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY CLICKING ON THE "I ACCEPT TO THE WORTH1000 TERMS OF USE" CHECKBOX ANYWHERE ON THE WORTH1000.COM WEBSITE OR BY USING THE SITE IN ANY MANNER, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON THE "I ACCEPT TO THE WORTH1000 TERMS OF USE" CHECKBOX AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. WORTH1000'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY WORTH1000, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The purpose of this website, www.worth1000.com (the "Site"), owned and operated by Aviary, Inc. ("Worth1000" or "we"), a Delaware corporation, is to host creative skill-based contests and competitions from different genres (including, but not limited to, photography, photo-editing, illustration, writing) (the "Services"). The Site is accessed by you ("User" or "you") under the following terms and conditions:
1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Worth1000 may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Worth1000 performs for you, as well as hosting any competitions on the Site. Worth1000 may change, suspend or discontinue the Services at any time, including the availability of any competition, feature, tool, database, or content. Worth1000 may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Worth1000 reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. The Site may provide you access to features and services of other Aviary.com, Inc. websites. Your use of such features and services are subject to the terms and conditions of the applicable website.
You certify to Worth1000 that if you are an individual (i.e., not a corporate entity) you are (a) of legal age to form a binding contract with Worth1000 and (b) not 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. The Site is not intended for unsupervised children under 18. If you are under eighteen (18) years old, you may use the Site only with the consent and under the supervision of a parent or legal guardian. In any case the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. You certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. Worth1000 makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the Content (as defined herein) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Worth1000 will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Worth1000 to minimize such disruption where it is within Worth1000's reasonable control. YOU AGREE THAT NEITHER WORTH1000 NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT. Worth1000 retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. SITE CONTENT. The Site and its contents are intended solely for the use of Worth1000 Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, other than content developed or posted by User ("User Content") including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, and animations ("Content") are the property of Worth1000 and/or third parties and are protected by United States and international copyright laws. As between you and Worth1000, however, you own and retain sole and exclusive right, title and interest in and to all of your User Content (subject only to the limited license therein granted to Worth1000 under this Section 2), except for any Entry (as defined below) that is transferred to a Sponsor pursuant to Section 12. The Services may enable Users to develop derivative works based on other Users' Content. In the event you use the Services to develop a derivative work of another User's Content with that User's permission, as between you and the User who developed the original work, you own and retain sole and exclusive right, title and interest in and to your derivative work, and the User who developed the original work retains the sole and exclusive right, title and interest in and to the original work. In the event you permit other Users to use the Services to develop derivative works based on your User Content, as between you and the User who developed the derivative work, you own and retain sole and exclusive right, title and interest in and to your original work, and the User who developed the derivative work retains the sole and exclusive right, title and interest in and to the derivative work. All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any User Content) are proprietary to Worth1000 and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except to the extent the relevant Content is subject to the Creative Commons license (as described below), you may not copy, modify, publish, transmit, upload, distribute, perform, display, or except as expressly provided in this Agreement, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Content, software, materials, or Services in whole or in part.
Notwithstanding the foregoing, certain of the Content made available on the Site, which may include User Content and/or Content owned by Worth1000, is licensed to you under the terms of a Creative Commons License.
You may download or copy the Content, and other items displayed on the Site for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Worth1000, or from the copyright holder identified in such Content's copyright notice. In the event you download software from the Site or from another of Worth1000's websites, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to you by Worth1000 or third party licensors for your personal use, and no title to the Software shall be transferred to you. Worth1000 or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
You acknowledge and agree that if you use any of the Services to contribute User Content to the Site or to permit third parties to contribute Content through your User account, Worth1000 will have a non-exclusive, worldwide, royalty-free, transferable, sublicensable (including, without limitation, by means of a Creative Commons License) right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such User Content, and to allow third parties to do so in connection with the marketing or promotion of Worth1000, the Site or the Services by such third parties. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by Worth1000 and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that you have the right to grant Worth1000 and the Site the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
Worth1000 reserves the right to remove any User Content from the Site, suspend or terminate your right to use the Services at any time at its discretion, or pursue any other remedy or relief available to Worth1000 and/or the Site under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Worth1000 is concerned that you may have breached the immediately preceding sentence). You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form). If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy.
You agree that you will reuse all Content (other than any User Content which you have created) licensed by Worth1000 under the terms of a Creative Commons License in accordance with the terms of that license. To satisfy our attribution requirements, you should include a direct link back to www.worth1000.com and follow the attribution requirements set out in http://all.worth1000.com/faq.
Any comments, suggestions, or feedback relating to the Site or the Services (collectively "Feedback") submitted to Worth1000 shall become the property of Worth1000 or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
3. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Worth1000 user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person or legal entity, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you or others you have authorized to post Content under your account.
4. WARRANTY DISCLAIMER. Worth1000 has no special relationship with or fiduciary duty to you. You acknowledge that Worth1000 has no control over, and no duty to take any action regarding: which Users gain access to the Site; which Content you access via the Site; what effects the Content (including any Content which is a derivative work of your User Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the User who posted the Content. Worth1000 does not monitor the Content of the Site and takes no responsibility for such Content. You release Worth1000 from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Worth1000 makes no representations concerning any content contained in or accessed through the Site, and Worth1000 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
ALTHOUGH WORTH1000 AND THE SITE WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER WORTH1000 NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE. YOU ARE STRONGLY URGED TO TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST OR UPLOAD ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WORTH1000 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY LAW, WORTH1000 DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT WORTH1000 IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF CONTENT POSTED BY USERS WITHOUT PAYMENT IN VIOLATION OF THESE TERMS AND CONDITIONS; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. THIRD PARTY WEBSITES. Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Worth1000 or the Site. Unless explicitly otherwise provided, neither Worth1000 nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Worth1000 and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or Worth1000 with respect to such sites and third party content.
6. REGISTRATION AND SECURITY. As a condition to using Services, you will be required to register with Worth1000 and select a username and password. You shall provide Worth1000 with accurate, complete, and updated registration information, including your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use as a username a name of another person or legal entity with the intent to impersonate that person or entity; or (b) use as a username a name subject to any rights of a person or legal entity other than you without appropriate authorization. You shall be responsible for maintaining the confidentiality of your Worth1000 password. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account and agree to and hereby release the Site and Worth1000 from any and all liability concerning such activity. You agree to notify Worth1000 immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
7. INDEMNITY. You will indemnify and hold Worth1000, its directors, officers and employees (the "Worth1000 Indemnified Parties"), harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL WORTH1000, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. WORTH1000'S AND THE SITE'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THREE HUNDRED UNITED STATES DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
9. OPENING AN ACCOUNT.
- To become a member of the Site (a "Member"), you must open an account with Worth1000.com through its online registration process. Only Members have the right to purchase Credits (as defined below), submit entries to competitions, vote in competitions, become Arena Owners (as defined below) and use certain portions of the Service.
- "Arena Owners" are Members that create their own page or network of pages on the Site that are hosted and/or maintained on the Site (an "Arena"). To become an Arena Owner, a Member must open and maintain an Arena using the Service.
- You must provide Worth1000 with accurate and complete contact and payment information if you open an account with the Site. You must promptly notify Worth1000 if any of this information changes.
- You will need to select a password if you open an account. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify Worth1000 immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Worth1000 immediately if you become aware of any other breach or attempted breach of the security of the Site.
10. CREDITS.
- 10.1 The Service presently includes a component of Site specific fictional currency ("Credits"), which constitutes a limited license right to use features of the Site, as, and if allowed by Worth1000. Worth1000 may charge fees for the right to use Credits, or may distribute Credits without charge, in its sole discretion. Regardless of terminology used, Credits represent a limited license right governed solely under the terms of this Agreement, and are not refundable and are not redeemable for any sum of money or monetary value from Worth1000 at any time. You agree that Worth1000 has the absolute right to manage, regulate, control, modify and/or eliminate such Credits as it sees fit in its sole discretion, in any general or specific case, and that Worth1000 will have no liability to you based on its exercise of such right.
- 10.2 Certain aspects of the Service (e.g., Credits), are provided for a fee or other charge. These fees and charges are described on the Site, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted or linked at www.worth1000.com/shop. Worth1000 may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.
11. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. Worth1000 may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, and access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site and the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Worth1000 or the Site, including without limitation any indemnification obligations contained herein.
12. GENERAL COMPETITION RULES AND CONDITIONS
The Site facilitates the operation of various creative online skill competitions ("Competitions" or "Contests") by Worth1000 and Sponsors (as defined below
Organizing and Participating in a Competition: Any authorized user of the Sites may submit User Content as an entry in a Competition ("Entry") subject to the qualification rules established for the Competition (the "Entrants"). Any authorized Arena Owner may organize a Competition for their Arena (the "Competition Organizers"). Competitions may be organized by Worth1000 and Competition Organizers ("Regular Competitions") or by a sponsor ("Sponsor") who provides prizes(s) for the Competition in exchange for ownership of the winning Entrant's submitted Content ("Sponsored Competitions"). Competition Organizers may organize Regular Competitions for their Arena subject to these terms and conditions and any other rules specified by Worth1000 with respect to Regular Competitions. Sponsors may organize Sponsored Competitions subject to these terms and conditions and any other rules specified by Worth1000 with respect to Sponsored Competitions. Each Sponsored Competition will state the information, deadlines, and skill-based conditions required for Entry in sufficient detail. All Sponsored Competitions must comply with applicable laws, rules, and regulations. Each Sponsor agrees to indemnify and hold Worth1000, its agents, representatives, and employees harmless from and against any and all claims, liabilities, losses and expenses (including attorneys fees and costs) arising out of or relating to its Sponsored Competition.
Competition Rules
Set forth below are the general terms and conditions for organizing and participating in a Competition on the Sites ("General Rules"). Some Competitions will have their own rules ("Official Rules") that supplement the General Rules, however these General Rules shall prevail in the event of any conflict with the Official Rules.
Entries: All entries must be received by the deadline stated on the Competition page. Any late, lost, misdirected, incorrect or incomplete entries may be disqualified and Worth1000 (and its agents) in their sole discretion, will not be responsible for such entries. By participating in a Competition, participants certify that he/she has followed, and agrees to be bound by, these General Rules, these Terms of Use, and any Official Rules for that Competition that may exist. All Worth1000 decisions relating to this Competition are final.
Costs to Enter: Regular Competitions - All Competitions are free to enter, however, some Regular Competitions require an Entrant in connection with submitting an Entry to pay Credits in order to be eligible for a prize. A Member may fund another Member's Entry in a Regular Competition however if that Entry wins a Regular Competition, the prize will be split with the funding Member. Sponsored Competitions - Sponsored Competitions are free to enter and do not require an Entrant in connection with submitting an Entry to pay Credits in order to be eligible for a prize.
Eligibility: Competitions are void where prohibited or otherwise restricted by law, including but not limited to any jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. Competitions are open to legal residents of the 50 United States and the District of Columbia who, as of the date of Entry submission, have attained the age of majority in their state of residence, or are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these General Rules and the Official Rules. If a prize is won by a minor, it will be awarded to a parent or legal guardian on the minor's behalf. Employees of Worth1000, its affiliates, subsidiaries, Competition Organizers, Sponsors, advertising, promotion agencies, and their immediate families and those living in same household of each are not eligible to participate in any Competition.
Submission of Entries: Any Entry or comment which in the sole opinion of a Competition Organizer or Worth1000 is deemed inappropriate (e.g., violates the rules of the Arena, is generally defamatory, depicts pornographic images, violence or inappropriate acts, etc.) or which otherwise violate these General Rules, the Official Rules for the Competition, or these Terms of Use may be removed from the Sites, and the Entrant may be disqualified. All submitted content must be in the language of the Arena where the competition is hosted (e.g., The Advanced Effects Arena uses English) unless otherwise noted in the Official Rules.
Entrant Representations, Warranties, License Grants: By entering any Competition, you represent and warrant that: (i) you have all the necessary rights, licenses and permissions in connection with your Entry and all content and material therein; (ii) you have all necessary permissions from all participants, if any, appearing in your Entry (including, without limitation, a release signed by the individual(s) in the Entry, or if the individual is a minor, a release signed by the parent or legal guarding of the individual), and that you are not, and will not be, violating your obligations or any rights of any third party by submitting your Entry; (iii) if any such participant is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide written permission in a form acceptable to Worth1000; (iv) you hereby do and shall grant Worth1000 a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Entry in connection with the Competition (e.g., public viewing and voting for this competition), in any media formats and through any media channels (including, without limitation, third party websites); and (v) you hereby do and shall grant each user of the Site the rights you grant in these Terms of Use (e.g., a license to access and vote on your Entry through the Site). You will indemnify and hold harmless Worth1000 (and its employees, representatives, agents, and members) against all claims, losses, expenses, damages and liabilities, if you do not satisfy all of the Competition rules or if you violate these Terms of Use.
Prizes: Regular Competitions - Prizes for Regular Competitions will be determined by the Competition Organizer or Worth1000, but may include additional Credits and/or a digital trophy. The additional Credits and digital trophy image prize have no monetary value. Sponsored Competitions - The winner receives the prize, if any, put up by the Sponsor for the applicable Sponsored Competition. Each winner is responsible for the payment of all taxes associated with the receipt of any prize. No substitution or transfer of prizes permitted. Prizes may be offered in the form of cash. When not offered in the form of cash, Prizes may not be redeemed for cash.
Winner Selection for Competitions: The winning Entry will be selected on the date stated within a given Competition's Official Rules. The vote-winning Entry for Regular Competitions and Sponsored Competitions are based on the highest average score given by Members. Member votes are weighted by the applicable Member's voting "Karma" as further described at all.worth1000.com/faq. The Sponsor-prize winning Entry for Sponsored Competitions will be determined by the Sponsor of the applicable Sponsored Competition. The skill-based criteria that the Members and the Sponsor will be directed to use to select the winning Entry are responsiveness to the skill-challenge, originality, creativity, and overall entertainment potential. Winners must sign and notarize any affidavit of eligibility and other documentation reasonably required by Worth1000 and/or the Sponsor. Prizes will only be awarded to a winner if he/she complies with these rules. Worth1000 will publicize the winning Entry in a reasonable amount of time from the notification by the Sponsor of their choice for the Winning Entry.
Transfer of rights of entries of Sponsored Competitions: In order to receive its prize, the winner of a Sponsored Competitions agrees to assign, and shall assign, all rights title and interest in and to its Entry to the Sponsor of the applicable Sponsored Competition, and further agrees to sign all necessary documents or take such other actions as the applicable Sponsor or Worth1000 may reasonably request in order to perfect any and all such rights.
Invitation: If you are a Sponsor, or if you are an Entrant, you are encouraged to share your Competition or Entry in the Competition with friends and family and ask them to create a Worth1000 account and participate in your Competition or vote for your Entry, subject to the Competition rules, applicable law, and the Terms of Service. However, no Sponsor or Entrant is permitted to send "spam" or violate another person's privacy rights, or applicable law.
No Fraudulent Voting: You may not create multiple accounts for the purpose of voting more than once for an Entry or use any automated other falsified means for artificially inflating number of votes. Noncompliance with these or any other General Rule or Official Rule will result in disqualification and legal action as necessary.
Limitations of Liability: Worth1000 is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, whether caused by Worth1000, or you or by any of the equipment or programming associated with or utilized in association with any competition or by any technical or human error which may occur in the processing of submissions that may limit an entrants ability to participate in any Competition. BY ENTERING, ENTRANTS RELEASE WORTH1000 AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND RESULTING FROM ACCEPTANCE, POSSESSION OR USE OF THE PRIZE OR PARTICIPATION IN THE COMPETITION. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IF THE MANUFACTURER OF THE PRIZE OFFERS A WARRANTY IT WILL BE ENTRANT'S RESPONSIBILITY TO SEEK WARRANTY SERVICE DIRECTLY FROM THE MANUFACTURER.
General Conditions: Worth1000 reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the Entry process or the operation of the Competition or to be acting in violation of these rules. If Worth1000 determines, in its sole discretion, that the on-line portion of the Competition is compromised by virus, bug, robot entries, or other corruption of the administration, security or proper play of the competition, then, at its sole discretion, Worth1000 can cancel the Competition. In the event of any non-compliance with any requirement stated herein, a winner's prize may be forfeited and awarded to an alternate winner. Competitions are governed by and shall be construed under the laws of the State of New York, U.S.A., without regard to the conflicts of law provisions therein. A Competition is void where prohibited or restricted by any relevant federal, state or local law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements that are not satisfied. All disputes in connection with the subject matter of a Competition will be determined in binding arbitration in New York County, New York, by and under the rules of JAMS.
13. PRIVACY. Please review our Privacy Policy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.
14. MISCELLANEOUS. This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you, the Site and Worth1000 with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Worth1000 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Worth1000's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Worth1000's prior written consent. Worth1000 may assign this Agreement in whole or in part at any time without your consent. This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Worth1000 in any respect whatsoever. Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@Worth1000.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Aviary, Inc., 1135 Railroad Ave, Hewlett, NY 11557, Attn: Legal Dept.