TERMS OF SERVICE
1. Acceptance of Terms.
CrowdTwist, Inc. (CrowdTwist) owns and operates certain websites that implement fan clubs, incentive programs, reward programs and other loyalty programs (collectively, Clubs/Programs), each of which is accessed from a website that is affiliated with a particular artist, publisher or other third party, in this case, VIZIO, Inc. (VIZIO) who is the focus of that Club/Program. Each Club/Program, together with the content, incentives and rewards programs, information sharing and other services available at that Club/Program, are collectively referred to herein as the Service.
The following are the current terms and conditions for use of this Service. Except certain aspects of the Service that may be available to Public Users, the Service is provided only to Users who become Members (as such terms are defined below). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published at in the Club/Program by CrowdTwist from time to time (collectively, Policies), including without limitation, Policies that may be published in respect of:
The Terms of Service are in addition to (not in lieu of) any other agreement (whether in writing or clickwrap) that you have entered into with CrowdTwist (now or in the future) regarding any of its services (Other Agreements). If there is any conflict between the Terms of Service and those of any Other Agreement, the terms of the Other Agreement shall control.
BY PARTICIPATING IN THIS CLUB/PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE DECISIONS OF CROWDTWIST AND VIZIO WHICH SHALL BE FINAL AND BIDNING IN ALL RESPECTS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CLUB/PROGRAM IS A VIOLATION OF CIVIL AND CRIMINAL LAWS. CROWDTWIST AND VIZIO RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
CrowdTwist reserves the right, in their sole discretion, to change, modify, update or discontinue the terms, conditions and notice under which the Service is offered and the services, features, links, content, information and any other materials offered via the Club/Program at any time and from time to time without notice or further obligation to User. Further, CrowdTwist reserves the right, in their sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. Any changes or modifications will be effective immediately upon posting the revisions to http://viziofanzone.com, and User waives any right User may have to receive specific notice of such changes or modifications. User should periodically check the Terms of Service located at http://viziofanzone.com for changes. CrowdTwist may, but is not obligated to, communicate change or modification notices to the Terms of Service. Continued use of the Service or participation in the Club/Program following any change to the Terms of Service constitutes User's acceptance of those changes.
CrowdTwist may terminate the Service, in whole or in part, at any time.
The Service is open to legal residents of the 50 United States and the District of Columbia who are at least 13 years of age or older at the time of participation. If you are a minor, you may only use the Club/Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service on behalf of you and themselves. If you are a minor, your parent or legal guardian will be required to redeem any Points earned and receive any prize(s) won on your behalf. If you do not so qualify, you are prohibited from accessing, using or registering for the Service. CrowdTwist will not collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. Void in Puerto Rico and where prohibited or restricted by law. Employees of CrowdTwist, VIZIO, each of their respective parents, affiliates, and subsidiaries, advertising and promotional agencies, and any other prize sponsor, and the immediate family members and persons living in the same household as such individuals, whether related or not, are not eligible to earn or redeem the Points. Limit one (1) CrowdTwist “VIZIO Fandemonium” account per person. If multiple “VIZIO Fandemonium” accounts are detected for a single Member, CrowdTwist, in its sole discretion, may void any such accounts. The authorized CrowdTwist “VIZIO Fandemonium” account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. In the event of a dispute about the identity of a Member, CrowdTwist may require that the potential winner provide proof that he/she is the authorized account holder of the email address and/or password associated with the “VIZIO Fandemonium” account.
The term Users includes all registered and unregistered users that access or use the Service. Each User that properly completes the registration process shall be considered a Member for the purposes of the Terms of Service. Users that do not complete the registration process, or whose registration is not accepted, shall be considered Public Users. Public Users have limited access to the Service, if at all. CrowdTwist may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time.
To become a Member, each User must complete the registration process by providing CrowdTwist with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: prospective Members may be required to provide their name and zip code (or outside the US, city and country), username, password, legitimate electronic mail address and certain additional information (such as, for example preferred contact method and products and services of interest); in order to obtain certain aspects of the Service, Members may also elect to provide access information related to their accounts at social networking sites (such as Twitter, Facebook and MySpace); and in order to obtain certain Services applicable to the Rewards Program (as further described below), Members may be required to provide valid credit card or mobile telephone account information. Members shall maintain and update their registration data from time to time to ensure that it is always current, complete and accurate. Users may apply for registration at sign-up. CrowdTwist may refuse to accept any User's application to register as a Member, in its sole discretion.
Upon acceptance, CrowdTwist will provide access credentials to the Member. Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. Member shall be responsible for keeping all account information up-to-date. Member agrees to notify CrowdTwist immediately of any unauthorized use of Member's account or any other breach of security.
At this time, a User must register to become a Member of each Club/Program separately.
6. Rewards Program.
The Service may include one or more programs (Rewards Program) where Members can accumulate, purchase and/or redeem loyalty rewards points (Points), on an individual basis and solely for their own account. The Rewards Program may be structured to offer certain benefits based on the Member's current balance of "redeemable" Points (that is, Points that have not previously been redeemed) or "lifetime" Points (that is, all prior Points accumulated by Member, whether previously redeemed or not).
From time to time, CrowdTwist may establish (in its sole discretion) loyalty criteria pursuant to which Members may "earn" Points (such as: by registering for this Service; by sharing User Content at the Club/Program; by engaging in certain specified activities at the VIZIO Site (as defined below), like visiting or watching videos at the VIZIO Site; by engaging in certain specified activities related to social networks). Points may expire (and become non-redeemable) after a specified period of time as determined by CrowdTwist in its sole discretion.
From time to time, CrowdTwist may offer benefits or privileges to Members in exchange for redemption of a specified number of Member's Points. The nature of those benefits or privileges, and the number of Points required to obtain such benefits or privileges, shall be established by CrowdTwist and are subject to change by CrowdTwist. In some cases, Members may be able to augment their balance of redeemable Points by purchasing additional Points from CrowdTwist, in exchange for real money (US dollars) via credit card transactions and/or charges to mobile telephone accounts.
Member acknowledges and agrees that:
- Points have no "real world" or cash value.
- Points have no purpose or use except in exchange for benefits or privileges (if any) offered by CrowdTwist via the Service.
- Redemption offers may be time-limited. Once redemption offers are exhausted, the reward item will expire and will be designated on the web site as “Sold Out” and/or will be deleted from the web site and will no longer be available for redemption.
- Prizes are subject to availability. CrowdTwist and VIZIO reserve the right, in their sole discretion, to delete, add, modify or substitute merchandise of equal or greater value at any time and for any reason.
- The number of Points required for specific redemption offers are subject to change at any time. Points are not returnable, refundable, transferable or exchangeable. Member’s Points may only be used at the Club/Program to which they apply and, therefore, cannot be sold, traded, bartered, given away, redeemed at or transferred to any other Club/Program or Member account.
- The Service and/or Rewards Program have no predetermined termination date and may continue until such time as VIZIO decides to terminate the Service and/or Rewards Program. Upon termination of Member's registration or account for any reason, all Points are lost to the extent permitted by law, regardless of how they were acquired by Member.
- Any account which has been dormant for a period of twelve (12) months may, at CrowdTwist sole discretion, be deemed void and all Points in that account may be removed and may not be reinstated.
- CrowdTwist's ability to accurately credit Points to Member's account based on Member's activities at social networking sites may be restricted by the terms, conditions or functions of such sites.
- Points are not valid unless earned in strict compliance with the requirements as established and intended by CrowdTwist, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
- By redeeming the Points and accepting the prize(s), Member will be solely responsible for all (i) federal, state, provincial and/or local taxes (if any); and (ii) other fees and expenses associated with the receipt and use of the Points.
- Receipt of a prize constitutes permission (except where prohibited), for VIZIO and its designees to use Member’s name, voice, image, likeness, statements, biographical information and any other personal characteristics, in any and all media now or hereafter known, for any purpose, including without limitation advertising, marketing, promotional and/or publicity purposes without additional compensation to Member.
- Member, as a condition of participation in the Rewards Program, hereby releases CrowdTwist, VIZIO and its affiliates and partners from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with the earning, redemption, use or otherwise participating in any aspect of the Clubs/Program and Rewards Program, the receipt, ownership or use of any Rewards received.
- Prizes are awarded “AS IS” and without warranty of any kind, express or implied, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
- CrowdTwist will arrange for the prizes to be delivered to Member’s destination of choice within the fifty (50) United States. However, the number of days in transit is not guaranteed and depends on the final destination. International Members will be responsible for any and all international shipping costs, duties, tariffs, taxes or import fees assessed to the prize(s). CrowdTwist and VIZIO are not liable to Member for any loss, delay or mis-delivery of the prize. Any unclaimed and unused portion of the redemption offer or prize package will be forfeited.
- CrowdTwist are not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Club/Program, including, without limitation, (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of Points, redemption prizes or other information or the failure to capture any such information. CrowdTwist and VIZIO reserve the right to disqualify, in their sole discretion, any person tampering with the operation of the systems required to conduct the Club/Program or operate the http://www.viziofanzone.com web site, or who is otherwise in violation of these Terms of Service.
- CrowdTwist and VIZIO shall have no liability for any printing, production, typographical, mechanical or other errors in the Service, or Point balances in a Member’s account. CrowdTwist and VIZIO reserves the right to delay the processing of Points, restrict access to Member account or remove Points from an account if it determines that such Points were obtained fraudulently or Points were improperly credited to such account.
- Once the Points are submitted for redemption and Member confirms acceptance of the prize within the five (5) business days, Member shall have an additional five (5) business days to claim the prize. If the prize notification is returned to CrowdTwist as undeliverable or if Member is found to be ineligible or declines acceptance of the prize for any reason, such prize will be forfeited and an alternate Member will be selected. Upon prize forfeiture, Points will be credited to Member’s account at CrowdTwist’s sole discretion. All redemption offers available on the web site are subject to change without notice.
- The decisions of CrowdTwist with respect to the Points and Rewards Program are final and binding in all respects.
- The use of third party redemption offers or prizes is subject to such third party terms, conditions and restrictions.
Except as expressly provided otherwise in the Terms of Service, CrowdTwist and each Member or other User is solely responsible for all of its costs and expenses related to the Service. VIZIO determines whether (and how much) Users will be charged to access the Club/Program and use the Service. In the case of any Club/Program and Service that are initially made available without charge, VIZIO may later decide to charge for accessing or using some or all of the features of the Club/Program and Service. In the case of any Club/Program or Service where a subscription or other fee is charged, VIZIO may later decide to change the price of that fee. Users will be notified of fee changes. User hereby agrees to pay all applicable fees for Club/Program and Services that are identified as fee-bearing, in the amounts, at the times and subject to the other payment terms specified by VIZIO and/or CrowdTwist.
The Club/Program may include discussion forums or other features where Members may upload, display or transmit user generated content, materials and other information of interest to those Members (User Content).
Because CrowdTwist does not review the substance of Member postings on the Club/Program or other communications via the Service, every Member must be careful in dealing with other Members to avoid fraud. Member acknowledges that information provided by other Members may, despite the prohibitions set forth in the Terms of Service, be harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult, and so CrowdTwist cannot and does not confirm that each Member is the person who they claim to be.
CrowdTwist is not involved in Member-to-Member dealings and, therefore, each Member agrees, in connection with any use of the Service: (a) to release, defend, hold harmless and indemnify CrowdTwist, VIZIO and their respective parents, affiliates, subsidiaries, employees, contractors, agents, officers, directors, members, partners and representatives from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such Member (including any disputes with other Members using the Service); and (b) to attempt to settle any disputes directly with such other Member or other third party.
9. User Rules and Conduct.
The Service is provided to Users only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing the Rewards Program or other aspect of the Service for which the User is not authorized, or any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its account, username or password, including User Content posted to or transmitted via the Service.
As a condition of use, each User hereby promises that it will not use the Service for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Terms of Service or any Other Agreement, or any other purpose not reasonably intended by CrowdTwist. User agrees to abide by all applicable local, state, and national laws, regulations and rules. Without limiting the foregoing, Members shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
By way of example, and not limitation, each User agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the Service, in any manner, that:
- Is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Service or any Other Agreement;
- Infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
- Reveals any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling;
- Imposes an unreasonable or disproportionately large load on CrowdTwist's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- 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 network system or to damage or obtain unauthorized access to any system, data or other information of CrowdTwist, VIZIO or any third party;
- Creates Member accounts by any automated means or under false or misleading pretenses;
- Harvests, scrapes or collects any information from the Club/Program or VIZIO Site;
- Disguises the source of User Content posted by User; or
- Impersonates any person or entity, including any employee or representative of CrowdTwist, VIZIO or other Club/Program Affiliate (defined below).
Member agrees that Points are not valid unless earned strictly in compliance with the requirements as established and intended by CrowdTwist, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Member shall perform all of its obligations in respect of any Rewards Program transaction entered into in connection with using the Service.
CrowdTwist may, at its sole discretion, immediately suspend or terminate any User's access to the Service should its conduct fail (or appear to fail) to strictly conform to any provision of this section 9.
CrowdTwist has no obligation to monitor the Service or any User’s use thereof. However, CrowdTwist reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).
CrowdTwist has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, CrowdTwist and its agents have the right, at their sole discretion, to remove at any time any User Content that, in CrowdTwist's judgment, does not comply with the Terms of Service or any Other Agreement or otherwise appears harmful, objectionable or inaccurate. CrowdTwist is not responsible for any failure or delay in removing any such content.
User shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret.
11. Third Party Sites.
The Service may permit Users to access the Club/Program from and to link from the Club/Program to other websites on the Internet, including without limitation, the website affiliated with VIZIO, who is the focus of this Club/Program (VIZIO Site). These other websites are not under CrowdTwist's control, and User acknowledges and agrees that CrowdTwist is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by CrowdTwist or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites.
12. Participation in Additional Promotions of Affiliates.
Any direct dealings by Users with VIZIO, advertisers and other vendors (collectively, Club/Program Affiliates) via the Service, or participation in promotions other than the Rewards Program, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the User and Club/Program Affiliate or other third party. CrowdTwist is not responsible or liable for any part of any such dealings or promotions.
13. Proprietary Rights.
User acknowledges and agrees that the Service and all content and materials created by or for CrowdTwist and made available on the Club/Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and CrowdTwist (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by CrowdTwist, each User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Club/Program, Service or such content and materials. However, unless the Service otherwise restricts the Member from doing so, Member may print or download a reasonable number of copies of the materials or content from the Club/Program for the Member's personal, noncommercial purposes; provided, that Member retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Club/Program by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without CrowdTwist's express prior written permission.
IMPORTANT: If User desires to make any use of any Club/Program content for any purpose other than personal, noncommercial reference, then User shall first secure permission from the owner of that content.
Reproducing, copying or distributing any content, materials or design elements from the Club/Program for any other purpose is strictly prohibited without CrowdTwist's express prior written permission. Attempting to access or use the Service, content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
14. License to CrowdTwist and VIZIO.
By uploading, posting, submitting or otherwise distributing User Content of any kind to the Club/Program, each User hereby:
- Grants and agrees to grant to CrowdTwist, VIZIO, and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Club/Program and Service (including without limitation, being exported under content sharing arrangements with other websites); and
- Represents and warrants that all User Content includes appropriate attribution to the copyright owner; and
- Represents and warrants to CrowdTwist and VIZIO that User owns or otherwise controls all rights to such User Content and that public disclosure and use of the User Content by CrowdTwist and/or VIZIO (including without limitation, publishing content at the Club/Program) will not infringe or violate the rights of any third party; and acknowledges and agrees that the User Content is intended to and will be made available to, and used by CrowdTwist and VIZIO and other Users.
IMPORTANT: User agrees that he or she will not contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant CrowdTwist and VIZIO the use license and to satisfy all of the warranty requirements described above.
Notwithstanding the foregoing, the Service may provide each User with the ability to remove some or all of the User Content posted to the Club/Program by such User. Following any such removal, CrowdTwist will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content by CrowdTwist at the Club/Program; provided, however, User acknowledges and agrees that CrowdTwist and VIZIO may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that CrowdTwist and VIZIO shall have no responsibility or liability in respect of any content that has been exported by CrowdTwist or VIZIO, or shared with other Users via the Service or that has been downloaded or copied by Users to other websites, systems and devices.
CrowdTwist may terminate any User's access to all or any part of the Service at any time, with or without cause and with or without notice, effective immediately. If Member wishes to terminate its registration and account, Member may do so at any time by sending an email to email@example.com that includes Member's electronic mail address and specifies the Club/Program to which the termination applies.
Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive, and (b) the provisions of Sections 12 – 23 shall survive. After termination, CrowdTwist has no obligation to maintain any content in Member's account (including without limitation, records regarding Member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member or any other User or third party.
16. Disclaimer of All Warranties.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, 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. CROWDTWIST, VIZIO AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, AGENTS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. THE SERVICE IS AVAILABLE AS-IS. USER’S USE OF THE SERVICE IS SOLELY AT HIS OR HER OWN RISK.
17. Limitation of Liability.
User agrees that neither CrowdTwist nor VIZIO shall be responsible or liable for any unauthorized access to, alteration or use of User's account, User Content, transmissions or data, any material or data sent or received or not sent or received through the Service. User agrees that neither CrowdTwist nor VIZIO is responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.
IN NO EVENT SHALL CROWDTWIST, VIZIO OR ANY OF THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, PARTNERS, AGENTS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO CROWDTWIST BY USER (AND RETAINED BY CROWDTWIST HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR U.S. $50.00, WHICHEVER IS GREATER, EVEN IF CROWDTWIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND 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.
User agrees to (a) defend CrowdTwist, VIZIO and their respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of any transaction with the Club/Program or other Club/Program Affiliate or other Member in which User is involved, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under the Terms of Service, and (b) indemnify CrowdTwist and VIZIO for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. CrowdTwist and/or VIZIO, as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with CrowdTwist and/or VIZIO in asserting any available defenses.
19. Third-Party Beneficiary.
VIZIO, Inc. is an intended third-party beneficiary to this Terms of Service and shall be entitled to directly enforce and rely upon any provision of this Terms of Service that confers a benefit on them.
20. Binding Arbitration.
Any controversy or claim arising out of or relating to the Service or the awarding or redemption of a prize, its enforcement, arbitrability or interpretation shall be settled by mandatory, binding arbitration under the rules and regulations of the American Arbitration Association (“AAA”). The arbitration shall be conducted in Orange County, California, before a single arbitrator, in accordance with California Code of Civil Procedure 1280 et seq.. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. User agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred and in no event will User be permitted to obtain attorneys’ fees, other legal costs and/or be entitled to awards. User hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. DO NOT ACCESS OR USE THE SERVICE IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS OF SERVICE.
21. Disputes: No Class Relief, Choice of Law and Forum.
Except where prohibited, as a condition of participating in this Club/Program, User agrees that any and all disputes, claims and causes of action arising out of or connected with this Club/Program or any prize awarded shall be resolved individually through binding arbitration as set forth under Section 21 above, without resort to any form of class action. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and CrowdTwist agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between U.S. and foreign laws, rules and regulations, U.S. laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this Section 21.
22. Integration and Severability.
The Terms of Service (including the Policies, and together with any Other Agreements) are the entire agreement between User and CrowdTwist with respect to the Service and use of the Club/Program, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and CrowdTwist with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of CrowdTwist to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
23. General Provisions.
User's rights and obligations under the Terms of Service are personal to User, and are not assignable, transferable or subject to sublicense by User except with CrowdTwist's prior written consent. CrowdTwist may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Service 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.
24. Copyright and Trademark Notices.
The Terms of Service and all content provided by CrowdTwist are copyright © 2009-2013 CrowdTwist, Inc. and/or its licensors or suppliers.
CrowdTwist is the trademark of CrowdTwist. The names and logos of VIZIO used in connection with the Club/Program are the trademarks or registered trademarks of VIZIO. Other names and logos are the trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.
25. Procedure for Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be made according to the instructions provided at https://www.viziofanzone.com/public/copyright (Copyright Policy).
110 East 23rd Street
New York, NY 10010
Attn: Customer Support
THIRD PARTY TERMS & CONDITIONS
You must have or open an M-GO account to redeem your promo code. Must be a U.S. resident within the 50 states. 1 use per account. Limit one promo code per transaction. One-time use only. Cannot be combined with other promotional offers. Promo code must be entered at the time of rental to receive the discount. If you fail to enter the promo code you will not receive the discount. Promotion expires on 02/28/2014. Additional conditions for watching each rental will be provided with each rental. Promotion and promo code have no cash value, except as required by law. Promotion and promo code cannot be copied, sold, or otherwise transferred. Void where prohibited. Terms and conditions are subject to change.
You must have or open an M-GO account to redeem your promo code. Must be a U.S. resident within the 50 states. 1 use per account. Limit one promo code per transaction. One-time use only. Value up to $20.00 with no residual value. Good towards the purchase of digital content.
Cannot be combined with other promotional offers. Promo code must be entered at the time of rental to receive the discount. If you fail to enter the promo code you will not receive the discount. Promotion expires on 02/28/2014. Additional conditions for purchase of each movie or TV show will be provided with each purchase. Promotion and promo code have no cash value, except as required by law. Promotion and promo code cannot be copied, sold, or otherwise transferred. Void where prohibited. Terms and conditions are subject to change.
Consumers redeeming 40,000 points will receive three months of Netflix service on the $7.99/month Unlimited Streaming Plan (for a total value of $23.97).
A broadband Internet connection is required to watch instantly. Limit one (1) Netflix subscription per account during the promotional period
All Netflix subscriptions must be activated by 5 / 30 / 15. Not transferable or substitutable. Offer is not redeemable or refundable for cash, subject to applicable law, and cannot be exchange for Netflix Gift Subscriptions. This offer is only valid in the 50 United States, the District of Columbia (Washington, D.C.) and Puerto Rico. All federal, state and local taxes are the sole responsibility of recipients. Offer void where prohibited. CrowdTwist, Inc., VIZIO Inc., Netflix and their parents, retailers, subsidiaries, affiliates and advertising and promotion agencies, and each of their respective employees, officers, directors and agents (collectively, the “Releasees”) are not responsible for errors or problems of any kind whether human, mechanical, electronic, network, computer, typographical, printing or otherwise relating to or in connection with the offer, including, without limitation, errors or problems which may occur in connection with the administration of the offer, the processing of requests, or in any offer-related materials.
© 2013 CrowdTwist, Inc. © 2013 Netflix, Inc. All other product and brand names are trademarks or registered trademarks of their respective owners.
VUDU account and VUDU-enabled device required. Movie credit only available in the U.S. to persons 18 years old and older. This offer is non-transferable. Code may not be valid after 3/31/2016. Movie credit must be used within 365 days from redemption. For more information and system requirements, go to www.vudu.com.
Offer only available to new Hulu Plus subscribers (credit card required). 1-month free subscription is for the Hulu Plus regular monthly fee plus applicable tax. Credit card required. If you do not cancel your Hulu Plus subscriptions at the end of the 1 month period, you authorize Hulu to charge your payment method each month for the subscription fees plus applicable tax until you cancel the Hulu Plus subscription. The Hulu Plus subscription can't be redeemed for cash, resold, or combined with any other special or free offers. Please read the Hulu Plus subscription terms and conditions at hulu.com/terms for more details on activating and using the 1-month free subscription.
Offer expires at 11:59 p.m. (PT) on March 31, 2014.
- Limit one promotional code per customer and account. Offer may only be used once.
- Digital content and services may only be available to customers located in the U.S. and are subject to the terms and conditions of Amazon Digital Services, Inc.
- Amazon reserves the right to modify or cancel the offer at any time.
- Offer is non-transferable and may not be resold.
- The offer discount will be allocated proportionally among all promotional items in your order.
- If any of the products or content related to this promotion are returned, the value of the offer will be subtracted from your return credit.
- Items must be purchased in a single order and shipped at the same speed to a single address.
- If you violate any of the Terms and Conditions, the promotion will be invalid.
- Void where prohibited.
- Shipping charges may apply to discounted and free promotional items.
- Offer does not apply to Amazon Gift Cards.
- The credit may not be used for certain titles. The detail pages for such titles will state that they are not eligible for promotions.
- Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.