Burger Menu (variations)

OVERVIEW

1. The Role: The purpose of the site and services is to help individuals, entities or organizations to raise funds, but not to pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. It’s a technology platform to allow fundraisers to connect with donors. The existence of the site or services is not a solicitation of donations by , and does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. In order to ensure that does not go out of business (GOB) and to provide you with the very best experience and customer service, will charges certain fees for donations and event registrations made on or through the site.
2. Becoming a R.E.A.L. Member: It is easy to become a member of our community by following the steps on the site. You will be required to provide some information when you sign up, including a mobile number an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service.  Membership Fees:  Membership fees are entirely separate from donation “Gifting/Receiving” money that you gift/donate into the Platform. However, all or part of your Membership fee can be converted into gift/donations and gifted/donated into the R.E.A.L. Gifting/Receiving Platform in your behalf at the sole discretion of  without notice or permission from you to keep you in good standing, or otherwise.
3. Becoming an ACTIION Member:  It is easy to become a member of our ACTIION community by following the steps on the site. ACTIION is governed by these same Terms and Conditions as REAL and is a concurrent, concomitant Platform with the REAL Gifting/Receiving Platform, sharing the same information and Gifting/Receiving, with the exception that you provide Proxy and Fiduciary powers to  to Gift/Receive in your behalf for the purpose of receiving tax reduction benefits.  You understand and agree that in order to receive tax reduction benefits via ACTIION donations you Gift 100% (one hundred percent) of your ACTIION gifting receipts to ACTIION; provisioned receipts are donated by /ACTIION in your behalf to various 501(c)(3) foundations and charity organizations at the sole discretion of /ACTIION.  Membership Fees:  Membership fees are entirely separate from donation “Gifting/Receiving” money that you gift/donate into the Platform. However, all or part of your Membership fee can be converted into gift/donations and gifted/donated into the ACTIION/R.E.A.L. Gifting/Receiving Platform in your behalf at the sole discretion of  without notice or permission from you to keep you in good standing or otherwise assist you in retaining your active donation status.  Additionally, you agree to the ACTIION Terms of Service. 
4. Membership Fees: You are required to pay monthly or yearly Membership fees to stay in good standing and have access to both your account and assets.  Should you fail to provide those fees for any reason, your account can be temporarily or permanently suspended and any assets associated with your account forfeit by you without recourse by you or recompense to you.  Any Membership fees, their duration and amount are determined at the sole discretion of and can be modified at any time.
   SMS Messaging.  Membership may require information from you, such as your phone number for verification and other limited reasons. By providing your mobile number you agree to receive texts from ACTIION Foundation or EARTHX Corporation for account verification, 2FA validation, Reminders, and other information relating to your account.  Message + data rates may apply.  You may unsubscribe at any time.  You can understand your Privacy Policy rights here.
5. User ID: You need a user ID and password to use certain features of the site and services and you may create certain URLs when you establish a profile, fundraiser, event, or charity page. By creating an account, you agree that you will not use information: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that , in its sole discretion, deems inappropriate or offensive. You hereby expressly permit to identify you by your name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user ID and you further acknowledge and agree that all rights in and to your user ID and account are and shall forever be owned by and inure to the benefit of .
6. Password Policy. You are entirely responsible for your password, it’s security and it’s usage. We may or may not at any time be willing or able to provide you with a password reset if you lose it, and we are in no way responsible or liable for any losses you may experience if you lose your password or if it is stolen. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify immediately of any unauthorized use of your password or account or any other breach of security.  assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. has the right to reclaim any user ID or URLs for any reason.
7. Accurate Information: You agree to: (a) provide accurate information as prompted on the site or through the services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or has reasonable grounds to suspect that such information is inaccurate, may suspend or terminate your use of the platform and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services.
8. KYC / AML:   Membership in the Gifting/Receiving platform may require “Know Your Customer” (KYC) and Anti-Money Laundering (AML) information from you by the means and methods determined by  and its secondary or third party providers.  You agree that to attain or maintain membership you will supply and abide by  any and all KYC/AML requirements whenever or however required in order to gift or receive monetary, products, or services donations as well as utilize any and all Membership features of this Crowd Gifting platform.  You further agree that failure to provide required KYC/AML information within the specified time and manner proposed can result in the immediate temporary or permanent suspension and forfeiture of Membership and any associated assets, rights, or privileges without recompense to you, or recourse by you, legal or otherwise, for failure to comply with any and all applicable KYC/AML requirements.  Furthermore, because KYC/AML requirements and policies can change from time to time, you agree to comply with ongoing KYC/AML modifications as required to maintain Membership in this Gifting/Receiving platform as provisioned within this Section, and any related requirements throughout these Terms and Conditions.  You understand and agree that in the event of a KYC requirement event, your assets or access thereto may be temporarily suspended in full or in part until you have fully complied with the KYC requirement(s), and permanently suspended or forfeit in full or in part in the event that you do not fulfill the KYC requirement(s) within the specified time.  You further understand that notification of such a requirement may or may not be submitted to you solely through the Platform User Panel.
9. Privacy. In addition to reviewing these terms, you should also read “Privacy Policy” to better comprehend how collects and use your personal information. Your use of the site and its services constitutes your agreement to the Privacy Policy.
10. Relationship of :  By using this site you understand and agree that shall not be responsible for any losses or damages incurred as a result of the fundraising campaigns or events. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, and third parties), you hereby release  and its agents, officers, employees, and volunteers from all claims, damages and demands that may or may not be known, suspected, or related to such disputes about the use of the platform.
11. Additional Terms for Fundraisers:
    Any individual, entity or organization that registers as a member and raises funds using the site or the services (“fundraisers”) is subject to the following additional terms of these terms that apply specifically to fundraisers. By raising funds using the services, you represent and warrant that: (a) you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and (b) you will use all donated funds solely for the purpose you have stated on the site, and under no circumstances may you use the funds for any other purpose. Additionally, if you are raising funds for a non-profit organization (a “Charity”) through the site, you agree that you will comply with all applicable state solicitation laws, and you represent and warrant that such Charity: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code; (ii) is registered with the GuideStar database; and (iii) has authorized you to raise money on its behalf using the site. If you are raising funds for another purpose, as may be permitted under these terms, you represent and warrant that you can meet all user eligibility requirements for the services and have an ID proof or an EIN and a bank account.
12. Access and Use of the Services:
    The Services Description: The Services are offered as a platform to allow an individual, entity or non-profit organization (the “Organizer”) to post a fundraiser (“Fundraiser”) to the Platform to Give monetary donations (“Donations”) to others and Receive monetary donations from donors (“Donors”) on behalf of the beneficiary of the Fundraiser (“Beneficiary”).
13. Accessibility: You understand and agree that this Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which We may undertake from time-to-time; or (c) causes beyond Our control or which are not foreseeable by Us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability.
14. Payment Processor: is not a payment processor and does not hold any funds. Instead, uses third-party payment processing partners to process Donations for a Fundraiser (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services. See our Privacy Notice.  In the event that  may become a payment processor or hold and retain funds, you agree to all Terms and Conditions that will apply and understand that your account and/or account funds may be suspended or forfeited entirely and without compensation or recourse, legal or otherwise, for failure to comply with all Terms and Conditions.
15. Transaction Fee: There are minimal fees to start or maintain a Fundraiser or Membership,. as well as a transaction fee, including credit and debit charges, that are deducted from each donation, as well as an Underwriting Fee per each “Cycle” (hereinafter and on the website referred to as “Transaction Fee”). To learn more about the Platform and the applicable Transaction Fee, visit Pricing (if available).
16. The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. facilitates the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation with the exception of ACTIION Foundation Inc. 501(c)(3) activities and its associated Terms and Conditions of Service.
17. All information and content provided by relating to the Services is for informational purposes only, and does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Fundraisers, Charities (as defined below), Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is entirely at your own risk.
18. has no control over the conduct of, or any information provided by you, or any User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to and through this Platform, and as such, with any regard to any User or Fundraiser.
19. No Solicitation: The Platform is offered to help Individuals and Organizers raise money. merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by , and does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that is not responsible for the use of your Donations or the amount of funds raised for the User or Fund.
20. Creating an account: Any fundraiser may create and post a campaign to showcase and share certain information about the campaign and elicit financial contributions (“Donations”) from other members by following the subsequent procedure and rules:
    
    1. You can create only one account on the site. If we  find that another account belongs to you directly, or indirectly apart from acceptable provisions within these Terms and Conditions, both will be terminated, monies and benefits will be forfeit and withheld without recourse, and the fraudulent account holder(s) potentially subject to criminal prosecution. (See subsection 19e below).
    2. Create a campaign profile page and post a “Funding Request.” You are required to provide payment information depending on how donations are made.
    3. Designate the legal entity or person receiving the donations (the “Beneficiary”) and ensure the Beneficiary sets up an account with the designated independent payment processor (the “Processor”) to receive donations. You may designate yourself as the Beneficiary.
    4. You may offer non-monetary rewards for donations.
    5. Multiple accounts: The Services offered are that of and pertaining to a singular membership only. This applies to any individual, entity, or non-profit organization, meaning that no one person or entity may have more than one account in their own name.  If you establish more than one account in your name or associated with you, such as an alias or other fictitious entity that is in violation of the  one account policy, or  has grounds to suspect that such information is inaccurate,    may suspend or terminate your use of the platform and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services, and any associated monies and/or benefits will be forfeit and permanently withheld without recompense to you or recourse by you, legal or otherwise. Furthermore, this applies to you using a fictitious name(s) or alias(es), or birth date, or other personal information with the intent to acquire additional System money and benefits, and assumes that the creation of any account is for the purpose of acquiring money and benefits from the System.
    6. Creating account stages:  There are 2 stages to account creation via system protocols.  The first stage is the withdraw of funds from a User’s wallet for Administration/System fees.  This stage establishes the validity of the User’s wallet, payment ability, and subsequently establishes the User’s Account.  Immediately subsequent is a second stage whereby the User’s donation is withdrawn from the User’s wallet.  In the event that the User disrupts the account creation process in any way, or that the account creation process is disrupted in any other manner, the User understands and agrees that the User can lose their funds and those funds become unrecoverable.  In such an event, User holds harmless and indemnifies  and it’s officers, employees, its agents and any third parties from any accountability.  The User would however be able to attempt to resubmit account creation information through re-Registration, understanding that will not be able to assist in any way the User with re-Registration or any potential problems arising thereof.
21. If you create a Campaign, you represent and warrant that you: (a) are the authorized representative of the Beneficiary with the authority: (i) to solicit donations for the Beneficiary; and (ii) to bind the Beneficiary to the terms of this Agreement; and (b) will ensure that all donations are disbursed properly and legally to the Beneficiary and all donations are used as described by the campaign. As an individual or entity other than a Charity, receipt of funds is as described below. You will be responsible for taxes based on your net income or gross receipts (if any).  You understand and agree that any and all campaigns can and may be reviewed by  and can or may be rejected for any reason, at any time, without any recompense to you or recourse by you, legal or otherwise.
22. Additional Terms for Donors:  Any individual, entity or organization that registers as a member and donates funds using the site or the services (“donor”, “User” “Member”) is subject to the following additional terms of these terms that apply specifically to donors / Platform Users.
23. Donor’s Risk: All “Autonomous” donations or otherwise are entirely at your own risk. Secondarily, please make sure that when you donate into the Platform, or to a given individual, Event, Beneficiary or Charity, you understand how your money will be processed and used.   does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by you or the beneficiary.
24. Donor Commitments: By donating money through the site, you represent and warrant that any donation you make is legal in your jurisdiction, that you are donating for (a) legal purpose(s), and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations to individuals and Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (ii) all donations are final and non-refundable.
25. Proxy Donations: You agree to provide unrestricted proxy and fiduciary capacity to for making gift donations in your behalf and in your stated name and legal name to anyone and any charitable cause that deems at it’s sole discretion worthy, legitimate and viable.  You understand and agree that such gift donations in your behalf and proxied behest shall be made from monies you provide into the System Platform or receive from the System Platform. You understand and agree that you may or may not materially benefit from any or all proxy activity by  in your behalf. You agree to indemnify, hold harmless, and defend , Our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability arising from or relating to this proxy section. This proxy is non-contestable, non-revokable and shall remain in effect for the duration of your valid membership. 
26. Tax Deductions:  makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any platform user or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
27. Tax Payments:  You agree to abide by all applicable State, Federal, and Government laws and regulation regarding the taxation of monies, products, and services received via gifted donations to you through the agency of the system.  You understand and agree that neither the system nor   provides tax related information to you and that you are entirely responsible to acquire and report any and all such information entirely on your own.
28. Tax Withholding:   does not deduct or withhold any money for you for taxes and makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible.  will have no liability for any claim by any Federal, State, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any  platform user, or any charity.  You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
29. Fees:    charges various fees as put forth in the platform. If fee schedules change you may be informed by email and/or a popup in your User Admin Control Panel, or any other method determined by  at its sole discretion.
30. On/Off Ramping: You understand and agree that at its sole discretion may use or alter at any time, any method and means of on/off ramping Users and User assets into and out from the System Platform.  This includes but is not limited to fiat currencies,  cryptocurrencies, NTF’s and any other manner of DeFi, as well as various payment gateways and their respective methods for monetary payment,  transfer and/or conversion. 
31. Transaction Fees on Donations:    charges various fees as put forth in the platform. If fee schedules change you may be informed by email and/or a popup on the site, or any other method determined by  at its sole discretion.    cannot be held accountable by you for failure to inform you of any change.
32. Cycles: The number of Cycles, levels or stages of Cycles, amount of payout per Cycle, types and categories of Cycles may be changed from time to time, per locale, per group, or per person.   reserves the absolute right, and in its sole discretion, to alter said number, level or stage, type, amount, category, and any related proceeds or any other consideration without exception, notification, or material compensation to the affected parties and platform Users without recourse by them or you or recompense to them or you.
33. Use of Administrative (Admin) Control Panel: The use of the R.E.A.L. admin control panel is entirely at the risk and responsibility of the User and account owner. The changing by you of any settings, such as the cryptocurrency contract address for payment(s) or payment(s) redirect(s), and the subsequent consequences or liabilities thereby, are borne entirely by you.  Crypto transactions are final and irreversible. As such, payments with missing memos or mistyped addresses cannot be recovered. Please verify all transaction details carefully before sending or receiving any gifted donations or any cryptocurrency to yourself inside or outside of the Platform as they are non-refundable and non-recoverable. Your redirecting of System payouts may be subject to AML guidelines, regulations, and restrictions. Any perceived violation of AML guidelines, regulations, or restrictions may result in temporary or permanent suspension of your account with or without notice, and without recourse by you or recompense to you. Furthermore, we will not be held liable or responsible to assist you in any loss or recovery of assets or settings due to your inputting or altering any fields within your Admin Control Panel.
34. Invitations: The option to “invite” others into the Platform is entirely at the sole discretion of the User, and is not required to be able to Gift/Receive.  cannot be held accountable by you for failure to act upon, in any way, any invitation or invitee that You invite, or is invited in your name.  Furthermore,  cannot be held accountable for any invitee and their actions or inactions related to you, your account, or any third party that may be affected by you or your invitee’s actions or inactions.
35. System Loans: The GUARDIIAN Vault Depository Loan feature is still currently under development and therefore loans are unable to be processed or provided at this time.  However, you agree to the auto withholding of a percentage of your funds in the Vault until and when all Terms and Conditions associated with it are available.   The percentage of funds withheld, the number of loans, amount of loans, and repayment schedule of loans, or other protocols will be determined entirely and unilaterally by  at its sole discretion. The processing of loans may be partially or entirely determined by AI algorithms.  The maturation time to loan request time is currently set at 36 months, which allows sufficient time for the growth of funds to be loan worthy. 
36. Advantage Code.   reserves the absolute right, and in its sole discretion, to provide, retract, and alter the number, amount, duration, and extent of every and all Advantage Codes and any related proceeds or any other Advantage Code monetary or other consideration without exception, notification, or material compensation to the affected parties and platform Users who receive in any way or by any means an Advantage Code.  Additionally,  cannot be held accountable by you for failure to inform you of any change pertaining to the addition, alteration, retraction, or elimination of any Advantage Code. The Advantage Code is entirely gratuitous, determined entirely and unilaterally by  at its sole discretion and may be implemented or altered at any time for any reason with or without notice or recompence to platform Users in the event of stoppage.
37. Sweepstakes/Raffles: The Sweepstakes and/or Raffles feature is entirely gratuitous, determined entirely and unilaterally by at its sole discretion and may be implemented or altered at any time for any reason with or without notice or recompence to platform Users.  If you utilize this feature by way of participation you agree to all Terms and Conditions associated with this feature.
38. Qualifications / Exemptions: Qualifications and Exemptions to said qualifications, of any type or reason, can and may be implemented, added, altered, or retracted from time to time for the reception of gifting/receiving benefits.    at its sole discretion may do so at any time for any reason with or without notice or recompence to platform Users. 
39. Donation Amounts and Proceeds: Donation amounts and proceeds can and may be changed from time to time, per locale, per group, or per person. reserves the right, and in its sole discretion, to alter donation amounts and proceeds in this and any other manner without exception, notification, or material compensation to the affected parties and platform Users in the event of amount alteration or termination.  You agree, understand, indemnify, and hold harmless , it’s officers, employees, and any associated third parties for any loss associated with gifting/receiving process termination.
    

    GENERAL TERMS

40. Ownership of the site, Site information and Services: The site and services and all technology underlying the same are expressly owned and operated by  International, Ltd. (“EARTHX”). Unless otherwise noted, the design and content features on the site and services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by or its affiliates, if any, or are licensed by from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
    
    1. The trademarks, logos, and service marks (“Marks”) displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that sponsors or with which we are otherwise affiliated. ‘s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without ’s express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without ’s express written consent.
    2. No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without ’s express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information.
    3. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.
41. Feedback: You agree that submission of any ideas, suggestions, documents, and/or proposals to through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
42. Use of site: The Site, services, and the site information is at your own risk. The Site, services or site information may contain errors or omission, or may be out of date. The Site, services or site information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the service or the site, you promise to:
    
    1. Use the service in compliance with all laws, regulations, ordinances, directives, court orders and this agreement local and applicable to your use of the site and services;
    2. Use the service so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the service; and
    3. Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
43. Promotions: You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a “Promotion”) on without our prior written consent. You may seek permission by sending an email to: . If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion; (c) you may not use the Marks or any other intellectual property in the rules or any other materials relating to the Promotion, without ’s express written permission; (d) such Promotion does not require making a donation as the only way to enter; (e) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the state in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the site: (i) does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to .
44. Content: When you are using the site and/or the services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the site or through the services (collectively “User Generated Content”). You alone, not , are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to , you hereby grant a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.
    
    1. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not:
       
       1. provide User Generated Content that is obscene, indecent, defamatory, libellous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
       2. create any liability for or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
       3. engage in any conduct that, in ’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the site or services;
       4. use the site or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
       5. interfere with or disrupt any servers or networks used to provide the site or services or their respective features, or disobey any requirements of the networks uses to provide the site or services;
       6. obtain or attempt to obtain any materials or information not intentionally made available through the site or services;
       7. use the site or services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the site or services for fundraising activities is expressly permitted;
       8. engage in advertising or commercial solicitation of any product or service without ’s written consent, except that using the site or services for fundraising activities is expressly permitted;
       9. gather for marketing purposes any email addresses or other personal information that has been posted by other users;
       10. post any identification documents or sensitive information about another person.
       11. create a fundraising campaign involving legal disputes or legal issues or child custody issues.
    2. shall have the right, but no obligation, to monitor User Generated Content and other features of the site and services to determine compliance with these terms and any other operating rules we establish. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the site or services. We do not control any User Generated Content that you or other users may provide. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Generated Content, whether it is provided by , our employees, or a third party.
    3. Under no circumstances will be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the site or services. is not responsible for any offensive, defamatory, obscene or any other posting made through the site or services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in ’s sole discretion is inappropriate, objectionable or in violation of these terms. Any user who feels that a posted message is objectionable is encouraged to Contact Us immediately by email to: .
    4. Digital Millennium Copyright Act; Copyright Complaints. respects the intellectual property rights of others and requires those that visit the site and use our network to do the same. may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others. also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others’ copyrights, may in its sole discretion terminate those individuals’ rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify ’s copyright agent by written notice to . The notice should include the following information:
       
       1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
       2. A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
       3. Identification of the location on the site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
       4. Your name, address, telephone number and email address;
       5. A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and,
       6. A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
45. Suspension or Termination of Your Use of the Site: These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first accessed or used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms. has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in ’s sole discretion and that shall not be liable to you or any third party for any suspension or termination of your account. If you want to terminate any services provided by , you may do so by simply ceasing to use the site, or secondarily by notifying at any time, with your notice sent, in writing, to our address set forth below if provisioned. Termination and/or suspension of any service includes removal of access to such service and barring of further use of the service. Any donations or receipt and disbursement of donations made prior to the effective date of termination will continue to be processed at the sole discretion of . All provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
46. No Endorsement of Links to Other Web Sites: Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by , we do not operate, control or endorse any information, products or services on the Internet in any way. does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk.
47. Liability Indemnification: You agree to indemnify, defend and hold and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from: (a) your use, misuse or abuse of the site, services or the Site Information; (b) your User Generated Content; or (c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in ’s defense of any claim. 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 matter without ’s written consent.
48. DISCLAIMER: YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, , ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. , ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
49. LIMITATION ON LIABILITY:  , ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL BE LIABLE TO YOU FOR MORE THAN YOUR INITIAL MEMBERSHIP FEE AND FIRST SINGULAR INITIAL DONATION AMOUNT. YOU AND  AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
50. RELEASE: YOU HEREBY AGREE TO RELEASE , ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.
51. Security of the Site: maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems and our volunteers’, fundraisers’, donors’ and Charities’ information. For example, for the security of your online visit to the site, may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.
    

    MISCELLANEOUS

52. Electronic Communications: When you visit the site, use the services or send emails to , you are communicating with us electronically. You consent to receive communications from electronically. may communicate with you by email or by posting notices on the site.
53. Site is for Use in across globe: The site is hosted in the United States and abroad. If you are a non U.S. user of site, by visiting the site, using the services and/or providing with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the site, the services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
54. Modification of the Terms: In ’s sole discretion, we may unilaterally amend or modify these terms or any other documents referenced herein at any time by posting on the site. The date of the most recent revision will appear at the top of this page. If has a working email contact for you and the changes to the terms are material, may notify you of such changes by sending you an email to the address you have provided to the site. encourages you to review these terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in ’s sole discretion and as posted to the site. Continued use of the site constitutes acceptance of any modified terms and conditions.
    

    Additional Terms

55.  reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the site, which may be posted in the relevant parts of the site, and will be identified clearly and conspicuously. For example, may post additional rules to participate in a promotion. Your continued use of the site constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these terms.
56. Miscellaneous Other Provisions. These are standard terms in all contracts.
    
    1. In the event that one or more portions of these terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
    2. The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms
    3. If fails to enforce any parts of these terms, it will not be considered a waiver
    4. These terms make up the entire agreement between you and regarding the site and supersede any prior agreements.
    5. These terms do not confer any third party beneficiary rights.
    6. You will not assign or transfer any of your rights or responsibilities under these terms to anyone without ‘s express written permission
    7. may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in these terms shall prevent from complying with the law.
    9. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
       

       Terms of R.E.A.L. / Lotteriia / Casiino / Gamiing / Sweepstakes / Raffle Use Addendum

       1. The terms and conditions applicable to the use of the RealGifting.io website (the “Website” or this “Site”) are set forth in the previous sections and furthermore herein this Addendum section. Your use of this Site and/or participation in the R.E.A.L. Lotteriia, Casiino, Raffle, or Sweepstakes (each a “Lottery”, “Casiino”, “Gamiing”, “Raffle”, “Sweepstakes”, ), contests, or other promotions contained on or available through this Site or the respective sites (collectively the “Promotion”) constitutes your acceptance of these terms and conditions and will give rise to a binding contract between  LLC (“We,” “Us,” or “Our”) and you (“You” or “User”), referred to below as this “Agreement.”

          The RealGifting.io services provided on RealGifting.io or its related domain redirects, such as Get-REAL.io, Lotteriia.io, Casiino.io, Gamiing.io, Actiion.io, Partyliine.io, and any and all other  instituted monetized or monetary related sites, (collectively, the “Services”) are subject in all respects to this Agreement. These terms and conditions may be updated or modified from time-to-time by Us in Our sole discretion.

          By accessing and using the Services, You agree as follows: YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE OFFICIAL RULES, THE SWEEPSTAKES FACTS, AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED BY REFERENCE HEREIN, AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS SITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS AND THE AMENDMENT OF THE AGREEMENT BETWEEN US TO INCORPORATE SUCH AMENDED TERMS AND CONDITIONS.

       2. There is no fee payable by You for the privilege of using the Website and no purchase is necessary to participate in the Lotteriia, Casiino, Gamiing, Sweepstakes, Raffles, or any other Promotion contained on or available through this Site. Your access to this Site is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time. By submitting any content to this Site, You grant to Us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in any form, media or technology now known or hereafter developed. You also agree to waive and never assert any moral rights that You may have in or to any content submitted to Us. If You are a prize winner in the Promotion(s), You are also required to grant to Us certain publicity rights as well. Please see Section 58 of this Agreement and the Official Rules for more information.
       3. You understand and agree that this Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which We may undertake from time-to-time; or (c) causes beyond Our control or which are not foreseeable by Us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability.
       4. To use this Site or the Services, You must be a natural person, who is a legal resident of the United States, is assigned the email address submitted with Your registration, and is otherwise eligible under the Official Rules. In the event of any conflict between this Agreement and the Official Rules, the Official Rules will control. See the Official Rules (TBD) for details and additional information.
       5. You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for Your use of this Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use this Site.
       6. Use of Personal Information.
          Any information concerning You or Your use of this Site or the Services or Your participation in the Services may be used by Us in accordance with and as set forth in the Privacy Policy and the Official Rules. See the Privacy Policy and Official Rules (TBD) for details and additional information.
       7. Proprietary Rights.
          All or portions of this Site are proprietary to Us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws. You agree to use this Site for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of this Site, or other aspect of the Services or the Promotion(s), for any purpose unless We give You express written permission to do so.
       8. Rules for the Promotion(s).
          Any Promotion(s) entry opportunity made available through this Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion(s), You will become subject to those rules, which may vary from this Agreement set forth herein. We urge You to review any applicable rules, which appear in connection with the particular Promotion(s) in the Official Rules, Promotion(s) Facts and Privacy Policy, which are incorporated by reference herein. See the Official Rules, Promotion(s) and Services Facts, and Privacy Policy for details and additional information.
       9. Privacy Policy.
          We consider Your personal identifying information to be private, however the operation of this Site requires the submission, use and dissemination of various items of personal identifying information. Your use of this Site or the Services constitutes acceptance of Our policies and practices for the collection and use of personal identifying information. Please see Our Privacy Policy for a summary of Our personal identifying information collection and use policies and practices.
       10. Your acceptance of any prize from this Site shall, unless prohibited by law, also constitute a grant to Us of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, Your name, picture, voice, likeness and/or biographical information for promotional purposes without additional compensation and without additional consent.

           By using this Site or the Services and participating in the Promotion(s) or any other Promotion available on this Site, You hereby give Us the right, without any obligation to compensate You, to publish, disclose, use, reproduce, exhibit, display, print and/or distribute Your first name, first letter of the last name, location (city and state), the amount of any prize and the Services or Promotion(s) from which it was won and/or any quotation, statement, image or other content that You are willing to provide about this Site or the Services or Promotion(s) that We, in Our sole discretion, wish.

           The views expressed by users of Our Site do not necessarily reflect Our views.

       11. Online Purchases; Specific Programs; Other Terms and Conditions.
           Additional notices, terms, and conditions may apply to the purchase of goods/services, participation in a particular program, and/or to specific portions or features of any of the Site, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product or service and/or use or participate in a program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the on-line purchase of items or for any program or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. Our obligations, if any, with respect to services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such terms, conditions, notices, and agreements.

       Access to a Service or Promotion on the Site may require you to use log in information consisting of an email address and a password. During the registration process for this Site, you choose a unique sign-on password to become a User of this Site and gain access to restricted areas of this Site. Only one User can use each email address and corresponding password. Anyone with knowledge of both your email address and password can gain access to the restricted portions of this Site. By using this Site, you agree to keep your password secret. In particular, you agree to be solely responsible for the confidentiality and use of your password as well as for any communication or interaction entered through the Site when using your password. You will immediately notify Us if you become aware of any loss or theft of your password or any unauthorized use of your password. We reserve the right to delete or change a password at any time and for any reason.

       12. Enforcing Security on this Site.
           Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on this Site without notice or permission from You. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this Site. We will comply with all court orders involving requests for such information.
       13. Fraudulent Activity Policy

       The Site strictly prohibits user fraud and abuse relating to access to and use of the Site or any Service or Promotion made available on the Site. In accessing the Site or participating in any Service or Promotion, or any other activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of this Agreement and (c) you will not circumvent or attempt to circumvent any provision this Agreement or any security feature on the Site or engage in any activity that interrupts or attempts to interrupt the operation of the Site.

       Anyone who engages in, participates in or displays behavior that may be interpreted, in Our sole and absolute discretion, as the use of unfair, improper or unauthorized methods or activities on the Site, including (but not limited to) the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of gaming software or programs), accessing the Site from a foreign or otherwise ineligible location or IP address, using automated technology, proxy servers or other means to conceal your identity, intentionally poor play in certain games in order to achieve a broader competitive advantage, collusion with other players or any other act or circumstance that unfairly alters your chance of winning, gives you an unfair advantage, or constitutes the commission of fraud or harassment of other participants, posting of objectionable material, any breach of this Agreement, any breach of the security of Your account or the Site or any other activity that We, in our discretion, deem to be abusive (collectively, “Abuse”), shall be subject to immediate sanction (as determined in Our sole and absolute discretion), including without limitation: (1) your account may be terminated without notice and your access to the Site blocked; (2) any entries submitted will not be valid and you will not be eligible to win; (3) any “winning” invalid entries will be void and may report a losing result; (4) any gifts, prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; and (5) any gifts, prizes, winnings or representative of value already received by You shall be subject to disgorgement and/or recoupment by the Site.

       14. Digital Millennium Copyright Act Compliance
           The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Our Site which allegedly infringes another person’s copyright. If You are a copyright owner or an agent thereof and believe that any content on this Site infringes upon Your copyright, You may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
       • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
       • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this Site are covered by a single notification, a representative list of such works at that site;
       • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
       • Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address;
       • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
       • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
       15. Our designated Copyright Agent to receive notification of claimed infringement is: TBD. Postal Address: TBD. Email: TBD Phone: TBD Facsimile: TBD. You acknowledge that if You fail to comply with all the requirements of this Section 14, Your DMCA notice may not be valid.
       16. No Redistribution or Resale.
           You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of this Site for commercial purposes.
       17. No Interference or Circumvention.
           You agree that You will not use, implement or employ, or directly or indirectly aid, encourage or solicit anyone else to use, implement or employ, any automated or manual device, process or program (including without limitation any robot, scripting, spider, spyware, adware, etc.) that is designed to or does in fact: (a) monitor, observe, track, gather, collect, copy or transmit any of the content, data or user information contained on this Site; (b) deliver promotional, advertising, marketing, commercial or non-commercial material to Users (e.g. pop-up advertisements) without Our express written permission; or (c) interfere, circumvent or encumber, or attempt to interfere, circumvent or encumber, the operation or administration of this Site. or (d) make the Promotion incapable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, We reserve the right to terminate the online portion of the Promotion.
       18. Linking and Framing.
           You agree not to bypass or attempt to bypass the home page of this Site and “deep link” to any other page in this Site, or frame Our content within another website, or copy or use Our content in another medium without Our express written permission.
       19. Third Party Products/Services.
           You acknowledge and agree that this Site may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do We guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquire through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through this Site.
       20. Advertisers on this Site.
           In Our sole discretion, We may post advertisements from and by third parties on this Site. Your correspondence or any other dealings with advertisers found on this site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Site.
       21. Links to Other Sites.
           We may provide links, in Our sole discretion, to other sites on the World Wide Web for Your convenience in locating related information, products and services. These sites have not necessarily been reviewed by Us and are maintained by third parties over which We exercise no control. Accordingly, We expressly disclaim any responsibility for the content, materials, accuracy of the information and/or quality of products or services provided by or advertised or on third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
       22. Events Beyond Our Control.
           You expressly absolve and release Us from any claim of harm resulting from a cause beyond Our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
       23. Representations and Warranties.
           By using this Site, You represent and warrant the following: (a) You have the right, power and authority to enter into and perform this Agreement; (b) any information that You provide when registering to use this Site is accurate, truthful, reliable and current; (c) You have the legal right to submit any content provided by You and no such submission or use of any such content by Us does or will violate the rights (including intellectual property rights and the rights of privacy or publicity) of any third party, and (d) You will not use Our Services or this Site or the Services to violate any federal, state and/or local law.
       24. Disclaimer of Warranties.
           THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND OUR SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE WEBSITE, THE SERVICES OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE WEBSITE, THE SERVICES OR THE PROMOTIONS WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE, THE SERVICES OR THE PROMOTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
       25. Limitation of Liability.
           UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE, THE SERVICES OR THE SWEEPSTAKES, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, THE SERVICE OR THE PROMOTIONS; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY (IN WHOLE OR IN PART) TO YOU.
       26. Reliance upon Limitations.
           The parties acknowledge that they have entered into this Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
       27. You agree to indemnify, hold harmless and defend Us, Our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach or alleged or threatened breach by You; (b) Your use of the Website, the Services or the Sweepstakes, including any data, content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Website, the Services or the Promotion(s) by You; (d) any negligent or willful misconduct by You.
       28. Integration and Conflicting Terms.
           This Agreement, including the Official Rules, the Promotion(s) Facts and the Privacy Policy as referenced herein, constitutes the complete and exclusive agreement between You and Us with respect to use of this Site and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between You and Us concerning the use of this Site, the Services and the Promotion(s). This Agreement, the Official Rules, the Services or Promotion(s) Facts and the Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Official Rules shall control over all others. The Privacy Policy and the rest of this Agreement shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Privacy Policy shall control over the rest of this Agreement.
       29. Modification and Amendment.
           We have the right at any time or from time to time to modify or amend the terms and conditions of this Agreement, in which case this Site will display such changes, which will be Your only notification of any such change. Any use of the Services by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
       30. Force Majeure.
           If the performance of any part of this Agreement by Us is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other cause or causes beyond our control, We shall be excused to the extent that We are prevented, hindered or delayed by such cause or causes. In the event of such circumstances which hinder or delay Our performance, We will, if possible, attempt to post this information on this Site.
       31. If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
       32. If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.
       33. Governing Law, Forum, and Arbitration.
           This Agreement is made in, and shall be governed by, the laws of the State of Ohio, excluding its conflicts-of-law principles. You agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. Said dispute shall be submitted individually by You, and shall not be subject to any class action status. You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney’s fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which You will be entitled shall be Your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of Ohio. All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of Ohio and You hereby irrevocably submit and consent to the personal jurisdiction of such courts and waive any objections in the nature of inconvenient forum.
       34. In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
       35. No Third Party Beneficiaries.
           No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.
       36. All notice relating to this Site, the Services, the Promotions, or Your use of any thereof shall be deemed to be delivered when displayed on this Site. All notices to Us shall be sent via first class mail or other nationally recognized courier to: TBD
       37. The respective rights and obligations of the parties shall survive any termination or expiration of this Agreement.
       38. Neutral document.
           No provision of this Agreement, the Official Rules, the Promotions or Service(s) Facts or the Privacy Policy shall be interpreted or construed against Us because We were the drafter thereof and shall be interpreted in a neutral manner.
       39. Headings and Order.
           The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.
       40. Conflict of Agreement’s Sections and Subsections.
           

           Due to the multiplicit nature of these Terms and Conditions, the Terms and Conditions shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to the conflicting terms within the entire body of this site’s Terms and Conditions sections and subsections, the Terms and Conditions which will take precedence during any dispute arising by You or Us will be determined by and at the sole discretion of and its assigns.