Terms of Use for Promotions Entrants and Sponsors

Last Updated: 02.04.2011

   PLEASE READ THESE TERMS OF USE ("Terms of Use") CAREFULLY. SEVENCE, LLC, D/B/A BOOMTIME (HEREINAFTER "BOOMTIME") OFFERS A SOFTWARE APPLICATION (the "Promotion Service") THAT HELPS THIRD-PARTY PROMOTION SPONSORS (individually and collectively "Sponsors") PUBLISH THEIR PROMOTIONS (NAMELY SWEEPSTAKES PROMOTIONS AND CONTESTS) (individually and collectively "Promotions") ONLINE. IN THE CASE OF SOME PROMOTIONS, THE PROMOTION SERVICE ALSO PROVIDES AN ONLINE ENTRY FORM THROUGH WHICH PROMOTION ENTRANTS ("Entrants") CAN SUBMIT ENTRIES FOR SPONSOR PROMOTIONS. BY USING THE PROMOTION SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THE PROMOTION SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROMOTION SERVICE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS POSTED ON BOOMTIME'S WEB SITE(S), AS SUCH TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME IN BOOMTIME'S SOLE DISCRETION. YOU AGREE TO COMPLY IN ALL RESPECTS WITH THESE TERMS OF USE AND ANY TERMS AND CONDITIONS SET FORTH ON SUCH BOOMTIME WEB SITES.

These Terms of Use include terms applicable to: (1) actual and prospective Entrants; (2) Sponsors; and (3) both actual and prospective Entrants and Sponsors. These Terms of Use include, and incorporate by reference, the agreements, policies and guidelines referenced below.

BoomTime reserves the right to change or revise these Terms of Use at any time by posting any changes or revised Terms of Use on, www.boomtime.com (the "BoomTime Site") at any time and in its sole discretion. Notice will be provided by posting such changes on the BoomTime Site and updating the "Date of Last Revision" (listed above), and such changes will apply to any use of the Promotion Service made after the changes are posted to the BoomTime Site. You also expressly waive any right you may have to individual notice of such changes to the Terms of Use. Therefore, you should review these Terms of Use prior to each use of the Promotion Service so you will understand the current, applicable terms. If you do not agree to the amended terms, you must stop using the Promotion Service.

  I.  TERMS AND CONDITIONS APPLICABLE TO ALL USERS OF THE PROMOTION SERVICE

  A. BoomTime does not actively monitor the use of the Promotion Service or Sponsor Promotions. Similarly, BoomTime does not exercise editorial control or review over the content or nature of any Promotion or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through the Promotions. If at any time BoomTime chooses, in its sole discretion, to monitor a Promotion, BoomTime nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Promotion, and no responsibility for the conduct of any third party entering or conducting a Promotion. BoomTime intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or other terms, conditions, policies, or guidelines on the BoomTime Site or of any applicable laws, rules, or regulations. By using the Promotion Service, you release BoomTime from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge that BoomTime reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on the BoomTime Site and updating the "Date of Last Revision" for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the BoomTime Site or Promotion Service made after the changes are posted to the BoomTime Site. You also expressly waive any right you may have to individual notice of such changes. BoomTime may take any one or more of the following actions, or other actions not listed, at BoomTime's sole discretion in response to violations of these Terms of Use or any other terms, conditions, policies, or guidelines on the BoomTime Site or associated with the Promotion Service: (i) issue warnings: written or verbal; (ii) suspend or terminate a Promotion and/or your use of the Promotion Service, to the extent possible; or (iii) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

B. BoomTime may, from time to time, need to interrupt the Promotion Service for maintenance and other operational reasons, as determined in its sole discretion, and you will not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless BoomTime and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys' fees), injuries, losses, or damages arising in connection with such interruptions.

  C. BoomTime cannot guarantee that the Promotion Service will be available to you, function without interruption or that the Promotion Service will function properly. BoomTime does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Promotion Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Promotion Service. You also accept all liability for any of your actions while using the Promotion Service. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROMOTION SERVICE IS AT YOUR SOLE RISK. THE PROMOTION SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOMTIME MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS PROMOTION SERVICE ARE WHOM THEY PURPORT TO BE OR THAT SPONSORS' PROMOTIONS WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. BOOMTIME HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY PROMOTIONS OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROMOTION SPONSORS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE PROMOTION SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE PROMOTION SERVICE OR ANY PROMOTION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, BOOMTIME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE PROMOTION SERVICE.

  D. The Promotion Service may provide, or third parties may provide, links to other websites, resources or services, including without limitation Sponsor web sites, social networking websites, and payment processing services. BoomTime has no control over such websites, resources or services and you hereby acknowledge and agree that BoomTime is not responsible for the availability of such external sites, does not endorse and is not responsible or liable for any Promotion, content, advertising, products, services or other materials on or available from such external sites. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BOOMTIME AND ITS PARENT COMPANIES, AFFILIATES, AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE UPON ANY SUCH PROMOTION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE, RESOURCE OR SERVICE. When you leave the BoomTime Site, you should be aware that the Terms of Use do not govern third party sites and that other terms and policies might apply. Please review the terms and privacy policy of any third-party website that you link or navigate to from the BoomTime Site before you access or use any such third-party website.

E. You agree to not use the Promotion Service to:

intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a BoomTime employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Promotion Service or BoomTime Site, or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Promotion Service, the BoomTime Site, or any other host or network;
access content or data not intended for you, or log onto a server or account that you are not authorized to access;
attempt to probe, scan or test the vulnerability of the Promotion Service, BoomTime Site(s) or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Promotion Service or servers or networks connected to the Promotion Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Promotion Service;
attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by BoomTime, BoomTime Site(s) or used by BoomTime in providing the Promotion Service; or
use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).

F. The Promotion Service may contain material, including, but not limited to, text, software, photos, video, graphics, music, sound and other proprietary information, which may be protected by copyright, trademark, patent and other forms intellectual property law. Furthermore, the entire contents of the Promotion Service are covered as a collective work under the United States copyright laws. BoomTime owns copyrights in the selection, coordination, arrangement and enhancement of such material, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BoomTime. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. BoomTime, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the BoomTime Site(s). All other logos and trademarks appearing on the Boomtime Site(s) are the property of their respective owners.

G. BoomTime respects the rights of all copyright holders. BoomTime has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BoomTime's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online 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 BoomTime to locate the material;
Information reasonably sufficient to permit BoomTime to contact the complaining party;
A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit your notice to BoomTime's Copyright Agent as follows:

Copyright Agent
J. Seth Gardenswartz, Esq.
Sevence, LLC
P.O. Box 35160
Albuquerque, NM 87176
Email:

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. The Counter-Notice must contain:

Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Please submit your Counter-Notice to BoomTime's Copyright Agent via email or mail to the addresses specified above.

H. We encourage parents to take an active interest in their children's use of the Internet. The Promotion Service is not designed to collect personal information from those under 13 years of age, and we do not intend to, or knowingly collect such information. If you are under 13, you are not permitted to use the Promotion Service and should not provide personal information on any BoomTime Site.

I. If there is any dispute about or involving the BoomTime Site or Promotion Service, you agree that the dispute shall be governed by the laws of the State of New Mexico, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the federal and state courts located in Albuquerque, New Mexico. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in these Terms of Use to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Promotion Service is controlled and operated by BoomTime. These Terms of Use and any and all other online policies and agreements promulgated by BoomTime, including without limitation BoomTime's general terms of service, privacy statement or acceptable use policy (collectively "BoomTime General Terms," all of which can be found at www.boomtime.com/tos) constitute the entire agreement between BoomTime and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The failure of BoomTime to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms of Use is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Use. If there is a conflict between the BoomTime General Terms and these Terms of Use, these Terms of Use shall govern where the Promotion Service is at issue or is the basis of the dispute.

  II.  TERMS AND CONDITIONS APPLICABLE TO PROSPECTIVE PROMOTION ENTRANTS OF PROMOTIONS USING THE PROMOTION SERVICE

A. Requests for Your Personal Information
Sponsors using the Promotion Service may ask you for certain personal information (name, address, gender, date of birth, etc.) when you fill out the entry form for that Sponsor's Promotion. Providing this information is strictly optional. However, if you choose not to enter the information required by the Sponsor in its Promotion rules, then you may not be eligible to participate in the Promotion. Please see each Sponsor's Promotion rules for entry requirements and other important details.

You acknowledge and agree that BoomTime may use any information you provide in a Promotion entry form available through and/or using the Promotion Service, for the purpose of aggregate analysis of the performance of the Promotions conducted using the Promotion Service; to communicate with you (including without limitation by e-mail) about your use, misuse, and/or purchase of its products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you e-mails about BoomTime's products or services, including for example, about other Promotions available through the Promotion Service; and as otherwise permitted in BoomTime's Terms of Use and policies. Additionally, if you use the Promotion Service to engage in any way with a social network or third party applications, you will be agreeing to that social network's policy governing communications with it's application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about BoomTime's products or services, including for example, about other Promotions available through the Promotion Service.

B. Access to Your Personal Information
If you provide personal information when completing the entry form for a Promotion using the Promotion Service, both the Sponsor running the Promotion and BoomTime will be able to view that personal data. (Sponsors may provide your personal information to parties assisting with its Promotion (e.g., providers of prizes); so please review each Sponsor's Promotion rules and privacy policy for details.) However, BoomTime is not responsible for such Sponsor's use of that personal data, nor any claims or damages that may arise from any such Sponsor's distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that BoomTime shall not be liable or responsible for any use of your personal data by any Sponsor running any Promotion or any other third party. Please see each Sponsor's Promotion rules and privacy policy for details on how that Sponsor handles your personal information, including without limitation, information you enter in any Promotion entry form.

C. Promotion Terms & Conditions
  Each Sponsor running a Promotion using the Promotion Service is responsible for providing its own Promotion rules, terms, and conditions, and ensuring such Promotion complies with applicable laws, rules, and regulations. The rules for each Promotion are provided or are linked to in the Promotion entry form. You will be required to agree to these rules and terms and conditions before you can enter each Promotion. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that BoomTime shall not be responsible or liable for any Sponsor's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Promotion.

  III. FOR SPONSORS RUNNING PROMOTIONS USING THE PROMOTION SERVICE

A. Entrant's Personal Information  
BoomTime acknowledges that you will receive information provided to you by each Entrant, as specified in your Promotion rules. You acknowledge and agree that BoomTime has the option (in its sole discretion) to use such information, royalty-free, for the purpose of conducting aggregated analysis of the performance of the Promotions conducted using the Promotion Service; to communicate with Entrants (including without limitation by e-mail) about their use, misuse, and/or purchase of BoomTime's products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; to send them e-mails about BoomTime's products or services, including for example, about other Promotions available through the Promotion Service; and as otherwise permitted in BoomTime's Terms of Use and online policies. BoomTime will not send e-mails about other Promotions available through the Promotion Service to Entrants of white-label promotions running on behalf of Sponsors using the Promotion Service without permission of such Sponsors.

B. Compliance with Laws and Regulations
You acknowledge and agree that BoomTime's Promotion Service merely helps Sponsors publish their Promotions and that the Promotion Service provides no safeguards that ensure that you operate your Promotion properly or legally. You further acknowledge and agree that you are responsible for providing Promotion rules, terms, conditions, privacy policies or statements and ensuring that your Promotion complies with applicable laws, rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Promotion(s), including without limitation in connection with all advertising and marketing associated with your Promotion(s). You further represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless BoomTime and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Promotion Service, your violation of these Terms of Use or any other agreement between you and BoomTime, your actual or alleged violation of any law, rule, or regulation associated with your Promotion(s), and/or infringement by any Entrants in your Promotion(s), of any intellectual property or other right of any person or entity. BoomTime will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Use will inure to the benefit of BoomTime's successors, assigns and licensees.

C. FEES
For information about BoomTime's pricing policy, please visit www.boomtime.com/pricing

D. ENTIRE AGREEMENT
These Terms of Use (including terms incorporated into them, e.g. the agreements, policies and guidelines referenced herein) and any policies and guidelines posted to the BoomTime Site(s) comprise the entire agreement (the "Entire Agreement") between you and BoomTime with respect to the use of the Promotion Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

  E. SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION
  Facebook requires that BoomTime notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:

  I. Introduction

The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from third-party sites for use on the Facebook Site ("Platform Applications").

The "Facebook Platform" is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers ("Developers") to develop new features and applications that Facebook hopes will enhance your ability to interact with people in your life in new and interesting ways.

PLEASE NOTE: The Facebook Platform does not give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address ("Contact Information"). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.

  II. Consent Regarding Use of Facebook Site Information

  Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers ("Developer Applications"), Facebook may from time to time provide Developers access to the following information (collectively, the "Facebook Site Information"):

  (a) any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and

(b) the user ID associated with your Facebook Site profile.

  (c) Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your "About Me" section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of "pokes" you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.

  (d) Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings.

(e) Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a "Developer Agreement"), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. The standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. Facebook may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in Facebook 's sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer's actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.

  (f) Facebook Applications. Platform Applications developed by Facebook ("Facebook Applications") may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.

  III. Use of Platform Applications

(a) Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and Facebook is not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.

(b) Facebook Terms of Use. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Use, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Use directly contradict such Facebook Site Terms of Use, these Platform Application Terms of Use shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Use, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;

(c) You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and

(d) Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook's prior written consent. Facebook may require you to agree to additional or different terms of use and may notify you of additional or different policies that may apply to particular Facebook Applications.

(e) ALL PLATFORM APPLICATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

(f) Integration or "Entire Agreement" Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Facebook Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Facebook with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs III (c), (d) (e) and (g) and this paragraph (f) except to the extent that such terms directly conflict with the terms of such other agreement or terms.

(g) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

(h) Modifications. Facebook reserves the right to modify these Platform Application Terms of Use at any time, in its sole discretion. If Facebook elects to modify this Agreement, Facebook will post a change notice or a new agreement on the Facebook Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO REVOKE YOUR PERMISSION FOR FACEBOOK TO PROVIDE FACEBOOK SITE INFORMATION TO DEVELOPERS AS DESCRIBED IN PARAGRAPH (h) ABOVE. IF YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON OUR SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

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Terms of Use for Promotions Entrants and Sponsors

Last Updated: 02.04.2011