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 TERMS OF SERVICE |
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TERMS AND CONDITIONS OF USE OF "WINNERS CIRCLE" A SERVICE PROVIDED BY WEBSTAKES.COM WEB SITE THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION 1. USER AGREEMENT Allow us to welcome you to Winners Circle a service (the "Service") provided by Webstakes.com (the "Website"). We are pleased to offer you access to the Service, subject to these Terms and Conditions of Use (the "Terms"), the applicable Winners Circle Privacy Policy, (the Privacy Policy") and the applicable sweepstakes and contest rules (the "Rules"). If you do not agree to these Terms and Conditions please do not use the site and do not subscribe to, or participate in a trial offer for the Service. By accessing and using the Service, you express your consent to, agreement with, and understanding of, the Terms and the Privacy Policy. Promotions.com may, in its sole discretion, modify, restrict, change, or otherwise alter the Terms and Conditions or the Privacy Policy of the Service, in whole or in part, impose limits on certain features or services provided through the Service or restrict your access to part or all of the Service and/or the Website Service without notice to you. Please check these Terms periodically for changes. By continuing to access and use the Service through the Website you will be evidencing your consent to, agreement with, and understanding of, such modifications, change or alteration. 2. SUBSCRIPTION & BILLING
New subscribers to the Service will be required to fill out the registration form located at https://secure.webstakes.com/webstakes/reg, which will ask for your name, postal and email address, age, valid credit card number (Visa, MasterCard or American Express) and will ask you to create a password. 3. FREE TRIAL PERIOD The Free Trial Period is only available to first time subscribers of the Service. Only one free trial may be redeemed per household. You must have Internet access and a valid credit card to redeem the free trial period. The Free Trial Period entitles you the same service provided to paying subscribers with the exception of a ten (10) game play limit per day, with a total of seventy (70) game plays per Free Trial Period.
We will begin billing your credit card for monthly subscription fees for the Service (currently $9.95) together with any applicable sales tax at the end of the seven (7) day free trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD TO AVOID CHARGES TO YOUR CREDIT CARD. We will continue to bill your credit card on a monthly basis for the Service until you cancel. To cancel, please visit our cancellation page located at: http://isis.webstakes.com/play/Isis?ID=103981 4. BILLING As a subscriber to the Service, you agree that we are permitted to charge your credit card a monthly subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of the Service. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. 5. AUTOMATIC RENEWALS Your Service subscription will be automatically renewed on a monthly basis. For your convenience, we will charge the monthly subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, until you cancel your membership or we terminate it. 6. CANCELLATION As noted above, you may cancel your subscription of the Service at anytime. To cancel, please visit our cancellation page located at: You must be at least eighteen (18) years of age to subscribe and use the Service and at least eighteen (18) years of age to be eligible to win prizes. Once you are registered, you can log in to access the features of the Service by typing in your email address and password. By registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service registration form; and (ii) maintain and promptly update such information to keep it accurate. 7. SWEEPSTAKES AND/OR CONTESTS The sweepstakes and contests provided to you as a subscriber of the Service reside on Webstakes.com that we directly own or operate will be governed by the rules applicable to those promotions. In addition, Webstakes.com may offer sweepstakes or contests owned or operated by a third party ("Third Party Promotion"). We have no control over the operation, judging or legality of these Third Party Promotions. Further, we do not control whether Third Party Promotion providers will (a) represent the promoting of their products or services accurately; or (b) fulfill any agreement with or obligation to users of Webstakes.com. We encourage you to communicate directly with these Third Party Promotion providers with respect to their promotions. Promotions.com does not endorse any Third Party Promotion, Third Party Promotion provider or its products or services. These providers are solely responsible for the operation, judging and legality of their promotion, and for any prizes associated with the promotion. Promotions.com is not responsible for resolving any dispute between you and any such provider. Resolution of any such dispute or complaint is the sole responsibility of said provider. 8. LINKS AND ADVERTISING In addition to Third Party Promotions, the Service and Webstakes.com may contain hyperlinks ("Links") to third party web sites, or be linked from third party web sites (collectively the "Linked Third Party Sites"), and may contain banner advertising and/or sponsorships operated by or referring to third parties or their goods or services ("Advertising"). Promotions.com does not control the Linked Third Party Sites or Advertising and does not review, endorse or control, nor are we responsible for, any content thereon, or the products, services or other material on or available through the Linked Third Party Sites or Advertising. Promotions.com is also not responsible for any viruses, trojan horses, or other items of a destructive nature that the Links, the Linked Third Party Sites or Advertising may contain. If you have a Link to Webstakes.com on your site, Promotions.com may revoke your license to display the Link at any time. You are solely responsible for any charges or obligations that may be incurred as a result of any dealings with such web site operators or advertisers. You agree that Promotions.com will not be responsible or liable for any loss or damage of any sort arising out of any such dealings or as a result of the presence of the Advertising or Links on Webstakes.com. 9. USER PRIVACY Promotions.com respects your concerns about how we may gather and/or use personal information and wants to protect your privacy. Our collection and use of personal information is governed by the Winner's Circle Privacy Policy. Click here to review our Privacy Policy. 10. ONLINE CONDUCT The Service is intended for your personal enjoyment. You agree to use the Service for lawful purposes only and to comply with all applicable sweepstakes and contest Rules and the terms of any other promotion or offer accessible from Webstakes.com. You agree that you will not circumvent our security features, corrupt any content or files on or obtained from Webstakes.com, interfere with or in any way disrupt our service or servers or networks connected to our service or servers, or otherwise violate any applicable law, regulations, the Terms or the Rules. Promotions.com reserves the right to restrict or deny your access to the Service and Webstakes.com or your participation in any of the promotions offered through the Service and Webstakes.com. 11. CONTENT The Service and Webstakes.com may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by Promotions.com or by third parties ("Content"). Such Content is for your reference only and should not be relied upon by you for any purpose. The Content may not be copied, duplicated, distributed, downloaded (unless as required in order to participate in a sweepstakes, game, contest, quiz or other competition or promotion), sold or otherwise exploited by you in any way, except as agreed to in writing by Promotions.com. Promotions.com is not responsible for the Content's accuracy and reliability. Promotions.com assumes no liability or responsibility for any errors or omissions in any such Content. 12. COPYRIGHTS, TRADEMARKS AND SERVICE MARKS The Service, Webstakes.com and all Content thereon, including, without limitation, software, images, text, graphics, illustrations, logos, trademarks, service marks, copyrights, photographs, audio, videos and music, are owned or licensed, in whole or in part, by Promotions.com or otherwise used with permission of their respective owners. The Content is, therefore, protected by copyrights, trade secrets, or other proprietary rights, and may not be manipulated, edited, reproduced, performed, republished, uploaded or downloaded, posted, transmitted, sold, transferred or otherwise distributed, modified or exploited in any manner whatsoever to or from Webstakes.com or any other web site owned or operated by Promotions.com without our prior written consent or the consent of the respective owners of the Content, except as otherwise specifically allowed in the Terms or on Webstakes.com or such other web sites. You represent you are the sole author and proprietor of any information or ideas that you may submit on Webstakes.com, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form. 13. INFRINGEMENT AND REGULATORY COMPLAINTS Promotions.com is committed to respecting the intellectual property rights of others. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone downloading or posting materials, or otherwise using the Service and Webstakes.com in violation of applicable federal, state or local laws. If you believe that your proprietary rights, including copyrights, have been violated by any Content posted by our users, please contact our Designated Agent to Receive Notification of Claimed Infringement as more fully explained below. Once notice has been received we will promptly respond to remove or disable access to the material that is claimed to be infringing or to be the subject of any infringing activity. When providing notice of claimed infringement to our Designated Agent, please do so in writing and include the following information:
Please note that under the Digital Millennium Copyright Act claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs and attorneys' fees. You may contact us or our Designated Agent by electronic mail or postal mail: Customer Service 14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY NEITHER PROMOTIONS.COM NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS (COLLECTIVELY, THE "PROMOTIONS.COM PARTIES") SHALL BE LIABLE FOR: (A) ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION BY ANY OF THEM; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD; OR (C) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS. THE RISK OF INJURY OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WINNERS CIRCLE SERVICE, WEBSTAKES.COM, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PROMOTIONS.COM OR WEBSTAKES.COM. PROMOTIONS.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS. THE PROMOTIONS.COM PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF WEBSTAKES.COM; (B) YOUR INABILITY TO GAIN ACCESS TO OR USE WEBSTAKES.COM OR THE CONTENT; or (C) ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON OR SUBMITTED TO PROMOTIONS.COM, THE SERVICE OR WEBSTAKES.COM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE POTENTIAL LIABILITY OF THE PROMOTIONS.COM PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICE AND/OR YOUR VISIT TO WEBSTAKES.COM OR ACTIONS YOU TAKE ON THE SERVICE AND WEBSTAKES.COM SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE PROMOTIONS.COM'S INTELLECTUAL PROPERTY RIGHTS, PROMOTIONS.COM MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED UNDER THE RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS. 15. THE SERVICE AND MINORS You must be at least eighteen (18) years of age to register and use the Service and at least eighteen (18) years of age to be eligible to win prizes on Webstakes.com. If you are under eighteen (18), you will not be allowed to register with the Service. 16. CHOICE OF LAW THE TERMS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF. 17. MISCELLANEOUS Use of the Service and Webstakes.com is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation this Section 13. The Terms constitute the entire agreement between you and Promotions.com and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Promotions.com with respect to the Service. If any provision of the Terms is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect. Any rights not expressly granted herein are reserved.
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