Last Updated October 2013
AGREEMENT TO TERMS AND OTHER RULES
By registering as a user or using the Services, you also promise and represent to us that you are at least 18 years old, or, if you are under 18 years old, that your parent or guardian agrees to your registration and/or use of the Services, and to these Terms.
PROVISION AND MODIFICATION OF THE SERVICES
The Services includes software, services, content, and advertising provided by Prepsta. However, some of the advertising on the Services may be provided by and be the responsibility of third parties. You understand and agree that Prepsta has no responsibility for such content. Prepsta disclaims all responsibility or liability for the acts or omissions of third parties whose advertising may be utilized in connection with the Services.
You understand and agree that the Services are provided to you on an AS IS and AS AVAILABLE basis, and that Prepsta has no responsibility or liability for the lack of availability, timeliness or reliability of the Services. The Services may be subject to interruptions and delays, caused by Prepsta or others. You agree that Prepsta will not be liable to you or to any third party for any modification, suspension, interruption, delay or discontinuation of the Service.
As part of the registration process required to use the Services, Prepsta will ask users to authorize Facebook to provide their Facebook username. To the extent that a user has a current city, state and country populated in Facebook, that information will be used solely for grouping the user under the Ranking section of Prepsta.However, this location information is NOT REQUIRED by the Services as users can be grouped under a heading of “Not Specified.”
You also agree that you will maintain the security of your password and identification, that you will be fully responsible for all use of your account, and that you will notify Prepsta immediately of any breach of security or unauthorized use of your account. You agree that you will not register for more than one account, register for an account on behalf of any entity other than yourself, register fake identities or use another’s account without permission.Your guests may use the Services with your permission, in order to play games or access other aspects of the Services. You understand and agree that you are responsible for all use of the Services by your guests.
CONDITIONS ON USE OF THE SERVICE AND THE SITE
Prepsta grants you permission to access and use the Services as set forth in these Terms, and in exchange you agree to abide by all such Terms, including the following:
· You will access and use the Services solely for your own personal use or the use of your guests.
· You will not use Services in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Services, or in any manner inconsistent with these Terms.
· You will not defeat, evade or interfere with any security feature of the Services, nor attempt to do so.
· You will not cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software, hardware, Service or game, nor attempt to do so
· You will not alter or modify any content or component of the Services, other than information or content you have submitted or posted through the Services.
· You will not reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any content or component of or any access to the Services, without the prior written permission of Prepsta, except for content you have submitted or posted through the Services.
· You will not use any automated system, software, or device to generate and send communications to or through the Services nor will you annoy or harass any person through or in connection with the Services.
· You will not collect or harvest any personally identifiable information, including without limitation account names from or through the Services.
· You will not upload, post, transmit, share or otherwise make available through the Services any illegal material, or any material that contains software viruses or any other computer code designed to interfere with the functionality of any computer software or hardware or telecommunications equipment.
· You warrant that you will not submit, transmit, or post any material that is that is obscene, sexually explicit, hateful, intimidating or threatening, or that violates the rights of Prepsta or of any third party.
· You will not use the Services to post, transmit, or share material that is defamatory or invasive of the privacy of another person, graphically violent, or otherwise inappropriate for a general audience.
· You wil l not use the Services to post, transmit, or share material that you did not create or that you do not have permission to use and distribute and to allow Prepsta to use and distribute as provided in these Terms.
· You will not use the Services in conjunction with any lottery, gambling or similar activity, and will not sponsor, encourage, organize or knowingly participate in any activity which constitutes a lottery, gambling or similar activity in connection with the Services.
· You understand and agree that your use of the Services is subject to these conditions, and that any failure to abide by them may result in the immediate termination of your account and your access to the Services without notice.
RIGHTS TO AND USE OF CONTENT
Except for material that appears in the Services at the direction of users and third party service providers, all content and components of the Services, including without limitation, the software, text, photos, video content, graphics, interactive features and advertisements, and all trademarks, service marks and logos contained therein (“Prepsta Content”), are owned by or licensed to Prepsta, subject to copyrights or other intellectual property rights held by others. The audio content is owned by Ryan Bourdeau and Shomari Brissett and has been used with permission by Prepsta. Anyone interested in using the music in Prepsta must contact us using the Contact Us option on www.prepsta.net to license the music from Ryan or Shomari. Prepsta reserves all rights to the Prepsta Content and any other component or content of the Services not expressly granted to you by these Terms. The Prepsta Content and its arrangement and selection are copyrighted by Prepsta, and may not be used without the prior written consent of Prepsta. You may not distribute, modify, transmit, download, reuse, re-post, or use the Prepsta Content for public or commercial or any other purposes except your personal use of the Services without Prepsta’s prior written consent.
By submitting, posting or transmitting material other than personal information submitted in connection with your registration (“User Content”), you grant to Prepsta an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute that material, in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using that material, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights. When you submit, transmit or post User Content using the Services, you also authorize us to make such copies thereof as we deem necessary in order to facilitate its posting, maintenance, and storage.
You affirm and warrant that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions to the User Content you provide necessary in for you to use and for you to authorize Prepsta to use such material in the manner described in these Terms. By submitting or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
User Content you submit, transmit, or post through the Services, is non-confidential and non-proprietary. Any User Content you submit, transmit or post may be used by Prepsta or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Prepsta is free to use any ideas, concepts, know-how, or techniques contained in any User Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
We respect the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the “DMCA”), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content on Prepsta infringes upon your copyrights, you may contact Prepsta using the contact information located under Contact Us.
Prepsta and the Prepsta logo are trademarks of Prepsta, Inc.. Other registered and common law trademarks appear on our website and in the Services. You may not use any of our trademarks without express written authorization. Trademarks appearing in the Services and not owned by Prepsta are the property of their respective owners.
SPONSORS, ADVERTISERS AND THIRD PARTIES
The Services may contain links to sponsor, advertiser, or other third party websites that are not owned or controlled by Prepsta. Inclusion of, linking to or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by Prepsta. Prepsta has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By using the Services, you relieve Prepsta from and expressly waive all claims, actions, damages and liability arising from your use of any third-party service or website.
Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Services, are solely between you and such third parties. You agree that Prepsta will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers in the Services.
DISCLAIMER OF WARRANTIES
While Prepsta uses reasonable efforts to provide accurate and up-to-date information, it makes no warranties or representations as to the accuracy of any information provided through the Services. Prepsta assumes no liability or responsibility for any errors or omissions in the content of the site. Prepsta also makes no warranty or representation that the content of the Services will not infringe the intellectual property or other rights of any person or entity.
PREPSTA EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USER HEREBY WAIVES THE BENEFIT OF ANY AND ALL SUCH WARRANTIES TO THE FULLEST EXTENT ALLOWED BY LAW.
Please note that some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you. Refer to your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PREPSTA WILL NOT BE LIABLE IN ANY WAY OR FOR ANY CLAIMS, ACTIONS OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PREPSTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES. IN NO EVENT SHALL PREPSTA’S LIABILITY FOR ANY CLAIM ARISING FROM THE PROVISION OF, USE OF, OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF THE ACTUAL ECONOMIC DAMAGES INCURRED OR $200.
In particular, and without limitation, Prepsta will have no liability for damages arising from: (1) accessing, downloading, or otherwise obtaining any content or component of the service or the site, even if it results in the transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of your transmissions or data; (3) statements or conduct of any third party on the service; or (4) as otherwise provided in these Terms.
Prepsta may, in its sole discretion, terminate, limit or suspend your account, delete your registration or other personal information or User Content that you have posted using the Services, and/or prohibit you from using or accessing the Services, at any time, with or without notice, for no reason or any reason, including but not limited to violation of these Terms.
You agree to defend, hold harmless and indemnify Prepsta, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Services or any related content, software or hardware, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Prepsta will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of Prepsta to provide such notice will not relieve you of these obligations.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force.
The failure of Prepsta to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the provision or use of the Services must be filed within one (1) year after such claim or cause of action arose, or be forever waived and barred.
The Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law provisions.
All disputes or claims based upon or arising under or out of the provision or use of the Services, whether in tort, contract or otherwise, shall be resolved exclusively by mandatory binding and final arbitration conducted in the State of Delaware in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) before a sole neutral arbitrator selected by that Association, or in accordance with other rules to which you and Prepsta may both agree. Each party shall have the right to be represented by counsel at its own expense. The arbitrator’s fees and other costs shall be borne equally by the parties, provided that the prevailing party in any final decision shall be entitled to recover its costs and attorney’s fees from the other party. The foregoing shall not preclude any court or administrative action for equitable relief to prevent or prohibit misuse of the Services or violations of these Terms. You agree that Prepsta shall be entitled to such relief without the posting of any bond. Any court or administrative actions related to the Services shall be brought and heard exclusively in the State of Delaware and you consent to the personal jurisdiction and proper venue of the state and federal courts in the State of Delaware.
I HAVE READ AND UNDERSTAND THESE TERMS, AND I AGREE TO BE BOUND BY THEM.