Welcome to ContestMillionaire.com. By using our
ContestMillionaire.com Internet website, you indicate your unconditional
acceptance of the following Terms of Service. Please read them carefully, as
they may have changed since your last visit. The most recent version of these
terms and conditions may be viewed at http://www.ContestMillionaire.com. These
Terms of Service apply to all ContestMillionaire.com online services and
features unless otherwise indicated.
2.Scope of
Service.
C. Millionaire Developments Inc. ("Contest
Millionaire" or "we") maintains this website as a service to the user community
that visits the site, subject to these Terms of Service. The term "website"
includes all services and features available on ContestMillionaire.com. Users of
this website ("you") are responsible for obtaining any equipment and Internet
service necessary to access our website and for paying any fees for the
equipment and service you select. We may alter, suspend, or discontinue this
website in whole or in part, at any time and for any reason, without notice. The
website may also periodically become unavailable due to maintenance or
malfunction of computer equipment or for other reasons.
3.Website
Content.
Users have a personal, non-transferable,
non-exclusive right to access and use the Content of this website subject to
these terms and conditions. The term "Content" means all information, text,
images, data, links, software, or other material accessible through the website,
whether created by us or provided by another person for display on the
website.
The Content may contain typographical errors,
other inadvertent errors, or inaccuracies. We reserve the right to make changes
to document names and content, descriptions or specifications of products or
services, or other information without obligation to issue any notice of such
changes.
You may view, copy, download, and print Content
that is available on this website, subject to the following conditions:
a.The Content may be used solely for internal informational
purposes. No part of this website or its Content may be reproduced or
transmitted in any form, by any means, electronic or mechanical, including
photocopying and recording for any other purpose.
b.The Content may not be modified.
c.Copyright, trademark, and other proprietary notices may not be
removed.
Nothing contained on this website should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use this website or any Content displayed on this website, through the
use of framing or otherwise, except: (i) as expressly permitted by these terms
of use; or (ii) with our prior written permission or the permission of such
third party that may own the trademark or copyright of material displayed on
this website.
4.Indemnification.
By using this website, you agree to indemnify,
hold harmless and defend Contest Millionaire from any claims, damages, losses,
liabilities, and all costs and expenses of defense, including but not limited
to, attorneys' fees, resulting directly or indirectly from a claim by a third
party that arises in connection with your use of this website.
5.Content Submitted by Users and
Vendors.
.Accuracy. You may use
this website without volunteering personally identifiable information. Please
refer to our Privacy Policy and your Membership Agreement for additional
information on our practices for handling personally identifiable information.
However, if you choose to provide information to register for or participate in
a service, event, or promotion on this website, you agree that you will provide
accurate, complete, and up-to-date information as requested on the screens that
collect information from you.
a.Liability. We are not responsible or liable for the conduct of
users or for views, opinions, and statements expressed in Content submitted for
public display through our website, such as information provided by vendors,
including authors of newsletters we may publish on the site from time to time,
accessed through our website. We do not prescreen information posted to online
photo, video, or discussion forums. With respect to such forums, we are acting
as a passive conduit for such distribution and are not responsible for Content.
Any opinions, advice, statements, services, offers, or other information in
Content expressed or made available by users of an online forum are those of the
respective author(s) or distributor(s) and not of Contest Millionaire. We
neither endorse nor guarantee the accuracy, completeness, or usefulness of any
such Content. You are responsible for ensuring that Content submitted to this
website is not provided in violation of any copyright, trade secret, or other
intellectual property rights of another person or entity. You shall be solely
liable for any damages resulting from any infringement of copyrights, trade
secret, or other intellectual property rights, or any other harm resulting from
your uploading, posting, or submission of Content to this website.
b.Monitoring. We have the right, but not the obligation, to monitor
Content submitted to our website through an online photo, video, or discussion
forum to determine compliance with these Terms of Service and any other
applicable rules that we may establish. We have the right, at our sole
discretion, to edit or remove any material submitted to or posted in any online
forum provided through this website. Without limiting the foregoing, we have the
right to remove any material that Contest Millionaire, in its sole discretion,
finds to be in violation of these Terms of Service or otherwise objectionable,
and you are solely responsible for the Content that you post to this website.
6.Prohibited
Conduct.
By accessing our website or any of our online
forums or other service provided through our website, you agree to abide by the
following standards of conduct. You agree that you will not, and will not
authorize or facilitate any attempt by another person to use our website or any
related online forum to:
.Transmit
any Content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or
otherwise objectionable, as determined by Contest Millionaire.
a.Use a name or language that Contest Millionaire, in its sole
discretion, deems offensive.
b.Post defamatory statements.
c.Post hateful or racially or ethnically objectionable material.
d.Post Content that infringes another's copyright, trademark, or
trade secret.
e.Post unsolicited advertising or unlawfully promote products or
services.
f.Harass, threaten, or intentionally embarrass or cause distress to
another person or entity.
g.Impersonate another person.
h.Promote, solicit, or participate in any multi-level marketing or
pyramid schemes.
i.Exploit children under 18 years of age.
j.Engage in disruptive activity such as sending multiple messages in
an effort to monopolize the forum.
k.Introduce viruses, worms, Trojan horses, and/or harmful code to
the website.
l.Obtain unauthorized access to any computer system through the
website.
m.Invade the privacy of any person, including but not limited to
posting personally identifying or otherwise private information about a person
without his or her consent (or a parent's consent in the case of a child under
13 years of age).
n.Solicit personal information from children under 13 years of age.
o.Violate any federal, state, local, or international law or
regulation.
p.Encourage conduct that would constitute a criminal or civil
offense.
7.Children.
This website is intended to serve a general
audience and does not provide specific features or services targeted at children
under age 13. We do not knowingly solicit personal information regarding
children under age 13.
8.Intellectual Property
Rights.
Unless otherwise noted, all Content contained on
this website is the property of Contest Millionaire and/or its affiliates or
licensors, and is protected from unauthorized copying and dissemination by
Canadian & United States copyright law, trademark law, international
conventions, and other intellectual property laws. Product names are trademarks
or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by
users without compensation by Contest Millionaire and with the expectation that
such Content will be made publicly accessible through our website. By submitting
such Content, however, you agree to grant us a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive license to use, distribute, reproduce,
modify, adapt, create derivative works from, and publicly perform or display
such Content. This license shall remain in effect until we delete the Content
from our systems.
9.Copyright Infringement; Notice and Take
Down Procedures.
If you believe that any materials on this website
infringe your copyright, you may request that they be removed. This request must
bear a signature (or electronic equivalent) of the copyright holder or an
authorized representative and must include the following information: (i)
identification of the copyrighted work that you believe to be infringed,
including a description of the work and, where possible, a copy or the location
of an authorized version of the work; (ii) identification of the material that
you believe to be infringing and its location, including a description of the
material, its website location or other pertinent information that will help us
to locate the material; (iii) your name, address, telephone number, and email
address; (iv) a statement that you have a good faith belief that the
complained-of use of the materials is not authorized by the copyright owner, its
agent, or the law; (v) a statement that the information in your claim is
accurate; and (vi) a statement that "under penalty of perjury," you declare that
you are the lawful copyright owner or are authorized to act on the owner's
behalf. Our agent for copyright issues relating to this website is: Legal
Department (Copyright), Contest Millionaire Unit # 4 ? 2979 Pandosy St.Kelowna, BCV1Y 1W1.
In an effort to protect the rights of copyright
owners, we maintain a policy for the termination, in appropriate circumstances,
of users of this website who are repeat infringers.
10.Security.
When you register to participate in an online
photo, video, or discussion forum, promotion, or other service offered on this
website, you may be required to establish a login identifier and a password. You
are responsible for protecting your login and password from unauthorized use,
and you are responsible for all activity that occurs on your account. You agree
to notify us immediately if you believe that your login or password has been or
may be used without your permission so that appropriate action can be taken. We
are not responsible for losses or damage caused by your failure to safeguard
your login and password.
11.Disclaimer of
Warranty.
Under no circumstances will we be liable for any
loss or damage caused by your reliance on information in any Content on this
website. It is your responsibility to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available
through this website. You are responsible for seeking the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice, or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON
OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CONTEST MILLIONAIRE DOES
NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF
ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS
FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE
UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR
(iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
12.Limitation of
Liability.
IN NO EVENT SHALL CONTEST MILLIONAIRE BE LIABLE TO
ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF
OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO
USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION
CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF CONTEST MILLIONAIRE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES.
13.Exclusions.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
14.Links
to Third-Party Websites.
This website may contain links to non-Contest
Millionaire websites that are provided to you as a convenience. Any outside
website accessed from our website is independent from Contest Millionaire, and
we have no control over the content of such websites. We are not responsible for
the content of any linked website or for any loss or damage incurred in
connection with your use of such links or dealings with the operators of such
non-Contest Millionaire websites.
15.No
Implied Endorsements.
In no event shall any reference to any third party
or third-party product or service be construed as an approval or endorsement by
Contest Millionaire of that third party or of any product or service provided by
a third party. Likewise, a link to any non-Contest Millionaire website does not
imply that we endorse or accept any responsibility for the content or use of
such a website. Contest Millionaire does not endorse, warrant, or guarantee any
product or service offered by any third party through this website and will not
be a party to or in any way monitor any transaction involving any third-party
providers of products or services. As with the purchase of a product or service
through any medium or in any environment, you are responsible for exercising
appropriate judgment and caution.
16.Jurisdictional
Issues.
We make no representation that information on this
website is appropriate or available for use outside Canada & the United States.
Those who choose to access this website from outside the Canada & the United States do
so on their own initiative and at their own risk and are responsible for
compliance with applicable local laws.
17.Termination.
We may terminate any user's access to our website,
including access to any online photo, video, or discussion forum, in our sole
discretion, for any reason and at any time, with or without prior notice. It is
our policy to terminate users who violate these terms and conditions as deemed
appropriate in our sole discretion. You agree that we are not liable to you or
any third party for any termination of your access to our website.
18.Enforcement.
These Terms of Service shall be governed and
interpreted pursuant to the laws of the Province of British Columbia
Canada, notwithstanding any principles of conflicts
of law.
All disputes arising out of or relating to these
Terms of Service shall be finally resolved by arbitration conducted in the
English Kelowna British ColumbiaCanada before a single arbitrator
under the standard arbitration rules. The parties shall bear equally the cost of
the arbitration (except that the prevailing party shall be entitled to an award
of reasonable attorneys' fees incurred in connection with the arbitration in
such an amount as may be determined by the arbitrator). All decisions of the
arbitrator shall be final and binding on both parties and enforceable in any
court of competent jurisdiction. Notwithstanding the foregoing, we shall be
entitled to seek injunctive relief, security, or other equitable remedies under
Provincial Law of British Columbia or any other court of competent jurisdiction.
Under no circumstances shall the arbitrator be authorized to award punitive
damages, including but not limited to federal or provincial statutes permitting
multiple or punitive damage awards. Any purported award of punitive or multiple
damages shall be beyond the arbitrator's authority, void, and unenforceable.
19.Severability.
If any part of these Terms of Service is held to
be unlawful, void, or unenforceable, that part will be deemed severable and
shall not affect the validity and enforceability of the remaining
provisions.
20.Entire
Agreement.
These Terms of Service constitute the entire
agreement between the parties relating to the subject matter herein. We may, at
our sole discretion and without notice, revise these terms at any time by
updating this posting.
21.For
Additional Information.
If you have any questions about these Terms of
Service, please contact Contest Millionaire Member Services.
