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Overview

These terms and conditions ("Terms of Service") govern your access to and use of The Audience Awards' website, and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively "Content"). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services.

We are partnering with film festivals to sponsor each category in the 2014 Audience Awards. We are also developing mobile technology for audiences to vote for The Audience Award at the festival they are attending via our site.

The Audience Awards may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing these Terms of Service.

These Terms of Service include The Audience Awards' privacy policy which is currently available HERE. By accessing and using the website you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by The Audience Awards in accordance with The Audience Awards' privacy policy.


Basic Terms

  1. You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). The Audience Awards will not be held responsible for your use of the Services or for any such Content.
  2. To access or use the Services, you must be able to form a binding contract with The Audience Awards and you must not be prohibited from receiving the Services under The United States law or any other applicable laws.
  3. The Audience Awards may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
  4. You acknowledge that the Services allow you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) ("Third Party Service Providers"). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
  5. Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and The Audience Awards may (but has no obligation to) terminate your ability to access or use the Services at any time.
  6. In order to use The Audience Awards you must be at least 13 years of age.

Your Account and Voting Terms

  1. You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). The Audience Awards will not be held responsible for your use of the Services or for any such Content.
  2. You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. The Audience Awards encourages you to use a "strong" password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. The Audience Awards will not be responsible for any loss or damages resulting from your failure to comply with this obligation.
  3. Each account login may only be used by one person - a single login shared by multiple people is not permitted.
  4. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  5. One person or legal entity may not maintain more than one free account.
  6. You may not vote for someone else.
  7. It is up to the brand to determine how they will deal with cheating in contests.
  8. If you are caught cheating, your account may be deleted.
  9. Using vote collecting websites like (but not limited to) getonlinevotes.com, votesforcontest.com, vapulsemedia.net, etc. is not allowed.
  10. Filmmakers & 3rd parties may tell their customers, friends and neighbors about the video contest and direct them to The Audience Awards to vote for a film. Filmmakers are encouraged to share information they believe is relevant through links to the Filmmakers Audience Awards pages. Filmmakers are responsible for complying with all applicable terms of each third-party platform, and all applicable laws, in connection with sharing information about its film.
  11. Neither filmmakers nor third parties retained by you may solicit or entice others to vote by offering any type of consideration including gifts, awards, bartering, bribes or inducements, including merchandise, cash, online currency, discounts, lottery, or anything deemed to have value in exchange for votes, including donations to charity; non-compliance may result in Removal from the video contest.
  12. Soliciting others for votes or sending spam related to voting is not within the spirit of the video contest and Films may be subject to Removal from the video contest if it is determined that they have participated in any such activities. Notwithstanding anything in these Rules, Filmmakers may purchase print or digital advertisements simply stating that they are participating in the Program and encouraging their friends, family & fans to vote.
  13. The count of eligible votes by The Audience Awards shall be deemed final. The Audience Awards reserves the right to eliminate or disregard any or all votes in excess of stated limits or otherwise not in accordance with the Rules or any instructions on the Website, including any voting instructions.
  14. The Audience Awards is not responsible for, nor is it required to count, in its sole and absolute discretion, late, lost, misdirected, unlawful or illicit votes, votes cast for a Filmmaker later determined to be ineligible, votes cast in violation of the Rules, votes achieved through automated means by using more than one account, using another person's name or identity, or votes that are achieved through other fraudulent means, unsportsmanlike conduct or in a manner otherwise inconsistent with these video contest Rules.

Use and Restrictions

  1. You may only use the Services to: (a) access Content on The Audience Awards' website; and (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms of Service and any terms specified by the Third Party Service Providers.
  2. You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through The Audience Awards' currently available interfaces.
  3. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in the United States, Canada or your applicable country.
  4. You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
  5. You may not, without The Audience Awards' prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law); (c) make derivative works of the Services; or (d) modify another website so as to falsely imply that it is associated with the Services, The Audience Awards or their affiliate company FilmSpur.

Content

  1. You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive.
  2. The Audience Awards and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. The Audience Awards may (but has no obligation to) remove Content and accounts containing Content that The Audience Awards determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that The Audience Awards determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party's intellectual property).
  3. The Audience Awards does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Audience Awards customer, employee, member, or officer. Engaging in any such behavior may at The Audience Awards' sole discretion result in the immediate termination or your account.
  4. You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or "spam" messages through the Services.
  5. You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature ("Viruses") through the Services.
  6. We retain the right to decline entries considered unsuitable without prior notice.

Cancellation and Termination

  1. If you choose to cancel your account, you are solely responsible for contacting info@theaudienceawards.com with the subject line titled "Cancel My Account"
  2. Your cancellation will take effect immediately and The Audience Awards will delete all of your Content from the Services reasonably promptly after cancellation. Once you cancel your account, your Content cannot be recovered and your votes will be cancelled as well.
  3. The Audience Awards does not accept any responsibility for loss of Content due to account cancellation.
  4. The Audience Awards, in its sole discretion, has the right to suspend, terminate or restrict your access to the Services, or any other The Audience Awards service, for any reason and at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all Content on your account. The Audience Awards reserves the right to refuse to provide the Services to anyone for any reason at any time.
  5. The provisions regarding "Use and Restrictions", "Payment Matters", "Cancellation and Termination", "Ownership", "Disclaimer and Limitation of Liability" and "General" and any provisions which by their nature survive, shall survive the termination of these Terms of Service.

Ownership and Licenses

  1. The Audience Awards and its licensors retain title to and ownership of all rights (including copyright, trade-mark, patent, trade secret and all other intellectual property rights) in and to the Services and The Audience Awards' Content. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by these Terms of Service. All rights not expressly granted to you are reserved to The Audience Awards and its licensors.
  2. We claim no intellectual property rights over the Content made available to others through your account. Additionally, your profile and other Content you provide to The Audience Awards in connection with the Services remain yours. However, by making that Content available to others through the Services, or providing it to The Audience Awards through the Services, you grant The Audience Awards a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all media or distribution methods (whether now known or hereafter developed). You also acknowledge that the purpose of the Services is to access the services of Third Party Service Providers, and that as a result you are agreeing to grant to The Audience Awards any and all other rights you grant to applicable Third Party Service Providers.
  3. If you are submitting to a user generated contest sponsored and/or hosted by a brand, you agree to share the rights to your submission submitted to their contest in perpetuity with the Audience Awards and the contest brand host. You hereby assign to Audience Awards & the brand host, shared rights, title and Interests, including all intellectual property rights, in and to such Other Submissions and shall be entitled to the unrestricted use and dissemination of these Other Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Audience Awards and/or the brand contest host (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Audience Awards of such Other Submissions.
  4. Limited License
    Unless otherwise indicated in the Website, the Website and all content and other materials on the Website, including, without limitation, the Audience Awards logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Audience Awards or its sponsors, licensors or users and are protected by U.S. and international copyright and/or other intellectual property laws. You are granted a limited, non-sublicensable license to access and use the Website and electronically copy, (except where prohibited without a license) and print to hard copy, portions of the Website Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Website or the Website Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Materials, (d) modifying or otherwise making any derivative uses of the Website and the Website Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Website Materials other than for its intended purpose. Any use of the Website or the Website Materials other than as specifically authorized herein, without the prior written permission of Audience Awards, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Disclaimer and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE AUDIENCE AWARDS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. THE AUDIENCE AWARDS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AUDIENCE AWARDS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE AUDIENCE AWARDS DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT THE AUDIENCE AWARDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.


Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the section of these Terms of Use titled, "Projects: Fundraising and Commerce"). You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • you know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

Project Creators agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project.


Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.


Fees and Payments

Joining The Audience Awards is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.

If you make $600 or more through The Audience Awards, you are required to complete and submit a W9 before receiving payment.

Third-Party Sites

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource


Content and License

You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.


Intellectual Property

By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:

  • The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
  • You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
  • You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
  • You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant The Audience Awards all of the license rights granted herein.
  • You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.
  • The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
  • All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
  • The Company will not be liable for any errors or omissions in any Content.
  • The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
  • All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

In accordance with the Digital Millennium Copyright Act, The Audience Awards has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. The Audience Awards also may terminate User accounts even based on a single infringement.


Copyright Notifications

The Audience Awards will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify The Audience Awards by submitting a notification by emailing us at copyright@theaudienceawards.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for The Audience Awards to locate the material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify The Audience Awards Copyright Agent in writing by emailing us at copyright@theaudienceawards.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

  • a physical or electronic signature of the user of the Services;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Our designated copyright agent for notice of alleged copyright infringement can be reached at:

The Audience Awards
Attn: Copyright Agent
1121 E Broadway Ste 135
Missoula, MT 59802
Email: copyright@theaudienceawards.com

Termination

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. The Audience Awards reserves the right not to comment on the reasons for any of these actions.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.


Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses


Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.


International

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.


Electronic Delivery, Notice Policy, and Your Consent

By using the Services, you consent to receive from The Audience Awards all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. The Audience Awards may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.


Governing Law

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Montana and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over The Audience Awards or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Montana. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Missoula County in the State of Montana and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.


Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.


Miscellaneous

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Audience Awards reserves the right to curate contests and dismiss entries based on quality.


Excluded Countries

The list below contains countries that The Audience Awards doesn't do business with.

We can neither send nor receive payments from these countries.

  • Afghanistan
  • Antarctica
  • Bangladesh
  • Belarus
  • Bouvet Island
  • British Indian Ocean Territory
  • Cameroon
  • Central African Republic
  • Christmas Island
  • Cote D'Ivoire (Ivory Coast)
  • Cuba
  • Democratic People's Republic of Korea (North Korea)
  • Democratic People's Republic of Lao
  • Equatorial Guinea
  • Gabon
  • Ghana
  • Haiti
  • Heard Island and Mcdonald Islands
  • Iran
  • Iraq
  • Lebanon
  • Liberia
  • Libya
  • Moldova
  • Monaco
  • Montenegro
  • Myanmar
  • Nigeria
  • Pakistan
  • Papua New Guinea
  • Paraguay
  • Saint Lucia
  • Serbia
  • South Sudan
  • Sudan
  • Syria
  • Timor-Leste
  • Turkey
  • Uzbekistan
  • Zimbabwe