IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. You agree to these Terms by accessing this Website and/or by accepting any information from this Website. If you do not agree to be bound by all such terms, do not use this website.
II. Website Content
III. User Forums
IV. Restrictions on Use
V. Disclaimers/Limitations on Liability
VII. Copyrights and Copyright Agents
VIII. Unsolicited Submissions
IX. User Generated Content
X. Linking Policy
XII. Membership & Registration
XIII. Passwords & Security
XV. Third Party Merchants/Partners
XVII. Equal Employment Opportunity Commission Statement
XVIII. No Employment Guarantee
XXI. No Injunctive Relief
XXIII. Violations and Additional Policies
XXIV. Contact Us
II. WEBSITE CONTENT
The Website is for your personal, noncommercial use and are intended for informational and entertainment purposes only. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Ownership of Website Content
This Website and all of the content it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to Company or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Company or such third party that may own the Material or intellectual property displayed on the Website.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. You agree not to use the Material for any unlawful purposes and not to violate Company’s rights or the rights of others. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
Our License to You
Subject to these Terms, you are granted a limited license to access and use the Website and Materials for personal and non-commercial use only that is lawful and in accordance with this Agreement. Any use of the Website and Materials, other than as specifically authorized by these Terms, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited, will constitute a violation of these Terms, and will automatically and immediately terminate all licenses granted by Company herein. Such unauthorized use might also violate applicable laws, including copyright or trademark laws.
III. USER FORUMS
Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website (“User Forums”) are provided to give users a forum, subject to Company’s Unsolicited Submissions Policy set forth below, to express their opinions and share their ideas, information, and other content (“User Content”). Company does not control or endorse any User Content and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content. User Forums are by design public, and you understand that the uploading to and/or posting of User Content any information to the User Forums shall not be subject to any
obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of the User Content posted. You are fully and solely responsible for your User Content. You understand that any User Content you post must be owned and/or created by you or you must have permission to upload, post, transmit, or share.
Company does not and cannot review all User Content posted in the User Forums, and is not responsible for such User Content or the views or opinions expressed by the users of the User Forums. Company reserves the right, but is not obligated, to delete, move or edit User Content in whole or in part, submitted by you to the Website for any reason in Company’s sole discretion. You understand that any User Content that you post and/or upload on the Website will be considered a submission for purposes of these services. In addition, Company may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public.
By posting or uploading User Content to the Website, including the User Forums, you automatically grant Company a perpetual, worldwide, fully-paid, irrevocable, non-exclusive, transferable right and license to use, copy, publicly perform, publicly display, reproduce, modify, reformat, adapt, publish, excerpt, translate, sub-license, create derivative works from and distribute such materials without compensation or credit to the provider, author or owner of the User Content.
IV. RESTRICTIONS ON USE
You agree not to do any of the following while using the Website, including any User Forum:
1. harass, stalk or otherwise abuse another user;
2.transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Company), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Company in its sole discretion);
3.transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
4.transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party’s uninterrupted use and enjoyment of the Website;
5.impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to Company, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
6.transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
7.interfere or interrupt, or attempt to interfere or interrupt, the operations of the Website in any way;
8.impersonate any person or entity, or misrepresent a relationship with any person or entity, including without limitation, misrepresenting a relationship with Company;
9.reproduce, duplicate, copy, sell resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website or the Materials;
10.forge header information or otherwise manipulate identifiers in electronic communications to disguise the origin of any such communication sent to the Website;
11.modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or any of the software used to provide the Website;
12.obtain, collect, store or modify personal information about other users or visitors to the Website, including through the use of automated means (including but not limited to harvesting bots, robots, spiders or scrapers) ;
13.restrict or inhibit any other person from using the Website (including by hacking or defacing any portion of the Website);
14.remove any copyright, trademark or other proprietary rights notices from the Website or materials origination from the Website;
15.create a database by systematically downloading and storing all or any of the Website’s content; or
16.violate any applicable local, state, federal or international law, rule or regulation.
V. DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THIS WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company. Views and opinions of users of this Website do not necessarily state or reflect those of Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Website.
The internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing Company any information. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS
OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
VII. COPYRIGHTS AND COPYRIGHT AGENTS
Company respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, Company has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. Company’s Copyright Agent may be reached by mailing Vicky Blevins, 2295 Corporate Blvd., NW, Suite 222, Boca Raton, FL 33431.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Company’s Copyright Agent the following information:
1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2.A description of the copyrighted work that you claim has been infringed;
3.A description of where the material that you claim is infringing is located on the Website;
4.Your address, telephone number and email address;
5.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
VIII. UNSOLICITED SUBMISSIONS
Company does not accept unsolicited submissions of any work, idea, creative material, concept, or other information, and Company assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept, or other information submitted by you. In the event that you submit any work, idea, creative material, concept, or other information to Company in violation of the previous sentence (each, an “Unsolicited Submission”), you hereby grant to Company (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import and use and exploit in any way your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall subject Company to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and Company shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission. You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by you. You hereby release Company and its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors, licensees, distributors and assigns, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known and unknown, that may exist or arise relating to, arising out of or in connection with the Unsolicited Submission and/or Company’s use or disclosure of the Unsolicited Submission.
IX. USER GENERATED CONTENT
Users who wish to submit to our content to our website in return for compensation must be invited or request to be invited into our User Generated Content program. The approval process may take up to two weeks or more depending on how many users are pending approval. Request for approval does not guarantee approval; neither does submission of your work, ideas, creative materials, concepts, or other information to our website and other platforms. Upon approval, you hereby grant to Company (and its subsidiaries, affiliates, and related entities) the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import and use and exploit in any way your submitted, approved content. Users have the right to remove submitted content at any time via the contributor dashboard. Users who are approved will be paid a disclosed amount per 1000 video views on a monthly basis. Video content that does not receive 1000 views or more or is viewed less that 1000 times will not receive any renumeration.
You agree not to use the Company’s platforms for any of the following commercial uses unless you obtain the Company’s prior written approval:
1.The sale of access to our platforms;
2.The sale of advertising, sponsorships, or promotions placed on or within the our platforms or Content; or
3.The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via our platforms, unless other material not obtained from the Company appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
1.Uploading an original video to the Company’s platforms, or maintaining an original channel on our platforms, to promote your business or artistic enterprise;
2.Showing your generated video content through the Embeddable Player on an ad-enabled blog or website
3.Any use that the Company expressly authorizes in writing.
If you link to this Website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Company. The link to this Website must not damage, dilute or tarnish the goodwill associated with any Company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Company. You may not “frame” this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Company in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Company deems to be inappropriate or inconsistent with or antithetical to this Website and/or these Terms.
Company is not responsible for the content or performance of any portion of the internet including other websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform Company of any errors or inappropriate material found on Websites to which this Website is or may be linked.
This Website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
XI. MEMBERSHIP & REGISTRATION
If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. Company reserves the right to terminate membership and/or deny access to the Website to any person in its sole discretion for any reason or no reason at all.
XII. PASSWORDS AND SECURITY
You may choose or be given a user name and password to use in connection with the Website. With respect to any such user name that you choose, Company may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You agree that you will not share your user name or password with any other person and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, you are solely responsible for any and all activities that occur under your account, and hereby authorize Company to assume that any activity conducted on the Website using your name and password was conducted by you. You shall immediately notify Company in writing of any unauthorized use of any account or any other breach of security. Company reserves the right to monitor your account and shall have the right at any time, with or without prior notice to you, to require you to change your user name or password for any or no reason.
XIV. THIRD PARTY MERCHANTS/PARTNERS
Company may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Company does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the Website. Company will not be a party to or in any way responsible for monitoring any transaction between you and any third-party.
Company operates this Website in the United States. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access this Website form other
locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These terms shall be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the terms and/or your use of this Website must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, State of California for any cause of action relating to or arising under these Terms or the Website
No software from the Website may be downloaded, exported or re-exported: (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.
XVI. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION STATEMENT
Company provides equal opportunity to all employees and applicants without regard to race, color, religion, age, ancestry, gender, sexual orientation, national origin, physical or mental disability, veteran status, marital status, or any other characteristic protected by applicable law.
XVII. NO EMPLOYMENT GUARANTEE
By permitting you to use the Website or email information to Company, Company makes no guarantee or promise that you will be granted an interview, achieve job placement, that any employment or position is available, or that you will be placed in a job of your preference.
This agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, Company shall add as a part of this agreement a provision as similar in terms to such invalid or unenforceable provisions as may be possible to be valid and enforceable.
XIX. NO INJUNCTIVE RELIEF
You hereby irrevocable waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to Company or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and your exclusive remedy in connection therewith shall be an action at law for damages.
This agreement constitutes the entire agreement by and between you and Company pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understanding of you and Company. This agreement may not be amended, nor any
obligation waived. Any failure to enforce any provision of this agreement shall not constitute a waiver thereof or of any other provision hereof.
This agreement can be terminated at any time by Company for any or no reason whatsoever with or without prior notice to you. In the event that Company terminates this agreement, your limited right to enter, display and use the Website and the Materials shall immediately terminate, and Company may immediately deactivate or delete your password and user name (if any), and all related information and files associated with them, and/or bar any further access to such information or files. Upon termination of your membership or access to the Website, or upon demand by Company, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
XXII. VIOLATIONS AND ADDITIONAL POLICIES
Company will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right to modify or discontinue this Website, or any portion thereof (including User Forums) without notice to you or any third party. You are advised that Company will aggressively enforce its rights to the fullest extent of the law.
XXIII. CONTACT US
(c) American Beauty Digital Media, LLC 2019. All Rights Reserved.
American Beauty x Revlon Glam Kit Giveaway
Terms and Conditions
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Eligibility: The American Beauty Star Season 2 Sweepstakes (“Sweepstakes”) is open only to those who are at least 18 years old at the time of entry. The sweepstakes is open to the legal residents of the United States and is void where prohibited by law. Employees, officers, directors, agents, representatives of NHABS, LLC and American Beauty Digital Media, LLC (collectively “Sponsor”), A&E Television Networks, LLC (“AETN”) and Revlon Consumer Productions Corporation Inc. (“Revlon”) and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
Agreement to Rules: By participating, the entrant agrees to be bound by and comply with these Rules, and represent and warrant that the entrant meets the eligibility requirements set forth herein. In addition, the entrant agrees to accept the decisions of the Sponsor as final and binding as it relates to the Sweepstakes.
Sweepstakes Period: Entries will be accepted online beginning on December 22, 2018 at 12:01 AM and must be received by February 1, 2019 at 11:59 PM on (the “Sweepstakes Period”). All times are Eastern Standard Time. Proof of submitting an entry form does not constitute proof of entry. Entry forms required for entry must be submitted and received by the Sponsor during the Sweepstakes Period.
How to Enter: The Sweepstakes is entered by completing and submitting a completed registration form during the Sweepstakes Period online at http://sweepstakes.americanbeautystar.com. Entries that are not complete or do not adhere to the rules or specifications may be disqualified by the Sponsor. Limit one (1) entry per person. An entrant may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If an entrant uses fraudulent methods or otherwise attempt to circumvent the rules the entrant may be disqualified by the Sponsor.
Grand Prize: There will be one “Grand Prize” of the Sweepstakes. The Grand Prize winner will receive an assortment of Revlon beauty products (the specifics of which shall be solely determined by the Sponsor) with a retail value of approximately $350.00.
All federal, state and local taxes (if any) on the Grand Prize are the sole responsibility of the winner. Entrants may not win any prize, contest, or sweepstakes sponsored by the Sponsor more than one (1) time per calendar year. The winner acknowledges that he or she may receive a Form 1099 from the Sponsor and agrees to provide whatever information is necessary to issue such Form and for the Sponsor to provide appropriate documentation to the Internal Revenue Service. Except as provided herein, the Grand Prize is non-transferable, non-returnable and no substitutions or exchanges are permitted and is not redeemable for cash value. Acceptance of the Grand Prize constitutes permission for the Sponsor to use winner’s name, likeness, and entry for purposes of advertising and trade by the Sponsor without further compensation or consent, unless prohibited by law. Acceptance of the Grand Prize by the winner can be either oral or written.
Odds: The odds of winning depend on the number of eligible entries received.
Winner selection and notification: The Grand Prize winner of the Sweepstakes will be selected by a random drawing of the eligible entries under the supervision of Internet Marketing Inc. on or about
The winner will be notified within ten (10) days following the drawing via e-mail at the e-mail address included in the entry form. The Grand Prize winner shall complete and return such acceptance, declaration and release form(s) as may be required by the Sponsor.
If the selected winner cannot be contacted, is determined to be ineligible, fails to claim or does not respond to claim his/her prize within ten (10) days of notification, or fails to timely return a completed and executed declaration and releases as required by the Sponsor, the prize will be deemed forfeited. An alternate winner may or may not be selected at the Sponsor’s sole discretion. Sponsor is not responsible for false or incorrectly entered contact information. The Sponsor shall have no liability for a winner’s failure to receive notices due to winner’s spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. In the event of a dispute as to the identity of any potential winner based upon ownership of an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned an account by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Sponsor reserves the right to disqualify entries that contain invalid or inaccurate e-mail address information. Entries submitted by automated methods are prohibited.
The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Rights Granted by Entrant: By entering this content the entrant understands that the Sponsor, anyone acting on behalf of the Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
Terms: The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, the Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Sweepstakes the entrant agrees to receive email newsletters periodically from the Sponsor. The entrant can opt out of receiving such newsletter at any time by clicking the unsubscribe link contained therein.
Limitation of Liability: By entering the Sweepstakes, the entrant agrees to release and hold harmless the Sponsor, AETN, Revlon and their respective affiliates, advertising and promotion agencies, partners, representatives, agents, subsidiaries, successors, assigns, shareholders, directors, officers and employees, one and all, from all liability illness, injury, death, loss, litigation, claim or damage (including attorney’s fees and costs) that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use and/or misuse of the Grand Prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.
Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, the entrant agrees that any and all disputes arising under the Sweepstakes shall be governed by California law, and must be brought in the state or federal court located in Los Angeles County, California, individually and without resort to any form of class action. Further, in any such dispute, the entrant shall be limited to the right to receive actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes) and waives all rights to other damages, including consequential and/or punitive damages.
Winners List: For the names of the winners, please contact us at and in the body of the email type ‘Please e-mail me the winners’ list for the American Beauty Star Sweepstakes.
Sponsor: The Sponsor of the Sweepstakes is American Beauty Digital Media, LLC and NHABS, LLC, c/o Internet Marketing Inc., 10620 Treena Street, San Diego,CA 92131.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, YouTube, Pinterest, LinkedIn or Google. The entrant understands that the entrant is providing information to the Sponsor, the owner of the Sweepstakes, and not to Facebook, Twitter, YouTube, Pinterest, LinkedIn or Google.
Terms & conditions – Live Finale Episode and Voting
Viewer submitted questions
The live finale episode airs on Lifetime, Wednesday, 27 March 2019 at 10/9 PM Central Standard Time. By responding, you warrant and represent that you are at least 18 years of age, and you agree that we shall have the irrevocable right to use your name, likeness, and image (including your username and profile photo) and all or part of your comments (and any third party content therein, e.g. gifs and emojis) in any manner, in all media, worldwide, without restriction, in perpetuity. Questions for private or locked profiles cannot be used. American Beauty Digital Media, LLC and its affiliates do not take responsibility for any third parties that may find you, your public profile, and/or use your information upon seeing it used on our live episode.
Live voting for the winner of American Beauty Star, season 2, begins on Wednesday, 20 March 2019 at 10:55 PM Eastern Standard Time and ends on Wednesday, 27 March 2019 at 10:45 PM Eastern Standard Time. You may vote by visiting www.americanbeautystar.com/vote and selecting your pick of the final 3; texting Axel, Diana, or Lucy to 1-844-658-7827; or tweeting #absvoteaxel, #absvotediana, or #absvotelucy. You may vote as many times as you wish for the contestant of your choice. In the event that there is a tie for the winner, the producers of American Beauty Star and/or its affiliates reserve the right to select the winner. Votes received before or after the period mentioned above will not count towards final tally for each contestant. Votes from bots or computer operated accounts will be disqualified and will not count towards final tally for each contestant. All votes or decisions are final once announced.
Provided By: American Beauty Digital Media, LLC, 2295 Corporate Blvd., NW, Suite 222, Boca Raton, FL 33431