TERMS AND CONDITIONS

 

Last Updated: September 2, 2009

 

Welcome to the website, Bracketz.com (the “Website”).  The owner of this Website is WonDay, LLC (sometimes referred to herein as “we” or “us”). In addition to our featured bracket tournaments, we may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available to you on or through the Website.  We provide you with access to the Website, subject to the following Terms and Conditions, which may be updated by us from time to time. 

 

By using the Website, you agree to be bound by and to use the Website in accordance with these Terms and Conditions, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Website, or to products and services that we make available to you through the Website (all of which are deemed part of these Terms and Conditions). Accessing the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms and Conditions.

 

1. PURPOSE OF WEBSITE. Bracketz.com is a bracket-tournament-themed website that offers you free online entertainment in the form of voting polls and bracket tournaments where the majority online vote determines each winner. With our easy-to-use applications, you can upload content and initiate bracket tournaments with your friends, family, and the online community on a wide variety of topics ranging from pets, cars, dance performances and favorite athlete or movie star. 

 

2. AGE RESTRICTIONS.  This Website is not intended to be used by children.  You represent and warrant to us that you are at least thirteen (13) years old and that you possess the legal right and ability to use the Website in accordance with these Terms and Conditions. 

 

3. YOUR SUBMISSIONS TO THE WEBSITE.  You alone are responsible for the content and consequences of any of your activities on the Website. 

 

1. Grant of Limited License.  We do not claim ownership of content you submit or make available for inclusion on the Website. When you submit or post any content, remarks, suggestions, ideas, graphics, or other information or material (collectively, the “Submission”) via the Website, you grant us, and anyone authorized by us, a royalty-free, non-exclusive, worldwide license (the “Limited License”) to use, copy, publish, modify, translate, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, on or in connection with the Website.  The Limited License includes our right to distribute part or all of the Website in any media formats and through any media channels, except Submissions marked “private” which will not be distributed outside the Website. You can control how we share your content through your privacy and application settings (see FAQs for more information). Also, in connection with the exercise of the Limited License, subject to your privacy and application settings, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of any materials submitted by you.

 

2. Termination of Limited License.  Our Limited License in your Submission terminates when you delete your Submission or your account (except to the extent your Submission has already been shared with others or used by us with respect to the Limited License, and they or we have not deleted it). After you remove your Submission from the Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the Limited License will terminate. If after we have distributed your Submission outside the Website you change the Submission’s privacy setting to “private,” we will cease distribution of such “private” Submission outside the Website as soon as practicable after you make the change.

 

3. Materials You May Submit.  Submit only material that is yours. In other words, submit only material to which you own the copyright or have the express consent of the copyright holder. BY MAKING A SUBMISSION TO US, YOU ARE REPRESENTING AND WARRANTING TO US THAT YOU HAVE THE FULL RIGHT AND AUTHORIZATION TO SUBMIT THE MATERIAL TO US AND THAT WE ARE FREE TO IMPLEMENT OR USE THE SUBMISSION, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. 

 

4. No Inappropriate Submissions.  In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from WonDay, LLC.

 

4. NO OBLIGATION TO MONITOR SUBMISSIONS.  You understand that we have no obligation to monitor any brackets, discussion forums, blogs, photo- or video-sharing pages, or other areas of the Website through which users can provide Submissions. However, we reserve the right at all times, in our sole discretion, to screen Submissions and to edit, move, delete, and/or refuse to accept any content that in our sole discretion violates these Terms and Conditions or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

 

5. REGISTRATION.  To access certain features of the Website, we may ask you to register and/or provide certain personally identifiable information such as your name and email address as well as demographic information including your year of birth. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form. If we in our sole discretion suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. You can control how we share your Submissions and personally identifiable information through the privacy and application settings.

 

6. CONSENT TO RECEIVE OUR EMAIL COMMUNICATIONS.  By becoming a registered user of the Website, you consent to receive email and other electronic communications from us including notices, agreements, legally required disclosures or other information in connection with the Website. We may provide such electronic notices by posting them on the Website. If you desire to withdraw your consent to receive electronic notices, you must disable the email notifications setting from the “Edit Your Profile” link found on your Profile Page.

 

7. PASSWORDS.  To use certain features of our Website, you will need a password which you will receive through the Website's registration process. We reserve the right to reject or terminate the use of any password that we deem offensive or inappropriate. You are responsible for all activities that occur under your password (if any) or account, and shall keep your password(s) confidential. You shall immediately notify us of any unauthorized use of your password or account or any other breach of security. 

 

8. PURCHASE OF PRODUCTS AND SERVICES.  We may make certain products available to visitors and registrants of the Website. If you order any products, you hereby represent and warrant that you are eighteen (18) years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.

 

9. PRIVACY POLICY. We respect the privacy of the users of our Website. Please take a moment to review our Privacy Policy. 

 

10. NOTICE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.  We respect the intellectual property rights of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate access to the Website of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by material on the Website, please send us a notice as set forth in our Copyright Policy.

 

11. OUR RIGHTS IN OUR MATERIALS.  This Website and all the materials available on the Website (other than your Submissions) are the property of WonDay, LLC and/or our affiliates or licensors (“Bracketz.com Content”), and are protected by copyright, trademark, and other intellectual property laws. The Website is provided solely for your personal noncommercial use. You may use the Website only for purposes expressly permitted by the Website. You may not use the Website for any other purpose, including any commercial purpose, without our express prior written consent.  Modification or use of the Bracketz.com Content except as expressly provided in these Terms and Conditions violates our intellectual property rights. Neither title nor intellectual property rights in the Bracketz.com Content are transferred to you by access to the Website.

 

12. LINKING

 

1. Outgoing and Incoming Links.  The Website may be hyperlinked to other sites and other sites may link to the Website (“Linked Sites”). Such linking is not an indication that the Linked Sites are maintained by, related to, sponsored by or affiliated with the Website or us; an indication that we have reviewed any or all of such Linked Sites; or an indication that we are responsible for the content of those Linked Sites even if they are owned or run by our affiliates and/or partners. We provide links to Linked Sites as a service to users. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyperlinks or the Linked Sites.

 

2. Your Links to Us.  You may hyperlink to the homepage or any other page of the Website; however, you may not (and may not authorize any other party) to (i) co-brand the Website, or (ii) frame the Website without our express prior written permission.  For purposes of these Terms and Conditions, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or Bracketz.com Content. You agree to cooperate with us in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

 

13. SECURITY. We have the right to investigate suspected violations of these Terms and Conditions. We also reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions or applicable laws. You acknowledge and agree that we may preserve your Submissions, and may also disclose such Submissions and disclose your identity if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Website, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD HARMLESS WONDAY, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

 

14. OUR RIGHT TO CANCEL YOUR ACCOUNT AND ACCESS TO THE WEBSITE.  We reserve the right to deny access to the Website or any features of the Website to anyone who violates these Terms and Conditions or who, in our sole judgment, interferes with the ability of others to enjoy the Website or infringes the rights of others. We may terminate or suspend your use of the Website and/or remove, temporarily or permanently any Submission you publish at any time without cause and without any liability to you. 

 

15. OUR RIGHT TO DISCONTINUE WEBSITE.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any portion thereof.

 

16. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES.  All legal issues arising from or related to the use of the Website or these Terms and Conditions shall be governed and interpreted pursuant to the laws of the state of New York applicable to contracts entered into and wholly to be performed within said jurisdiction, without regard to principles of conflict of laws. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the state of New York, and judgment on the arbitration award may be entered into in any local or federal court in the state of New York having jurisdiction thereof. The local and federal courts of the state of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Website. By using the Website and thereby agreeing to these Terms and Conditions, you consent to personal jurisdiction and venue in the local and federal courts in the New York with respect to all such disputes.

 

17. DISCLAIMER.  YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND BRACKETZ.COM CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

18. LIMITATION ON LIABILITY. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF We HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMTED TO THE AMOUNT, IF ANY ACTUALLY PAID FOR USE OF THE WEBSITE AND YOU HEREBY RELEASE US AND OUR EMPLOYEES AND REPRESENTATVIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

 

19. INDEMNITY.  You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by you, including any use of content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.

 

20. MODIFICATIONS.  We reserve the right to modify these Terms and Conditions and any policies affecting the Website. Any modification is effective immediately following notice.  By continuing to enter the Website, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement. Notice may be given by any reasonable means, including, but not limited to, posting such changes on the Website.

 

21. SEVERABILITY.  If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

22. ENTIRE AGREEMENT.  These Terms and Conditions constitute the entire agreement among the parties relating to the subject matter hereto. Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain. The section headings in these Terms and Conditions are for convenience only and shall have no force or effect upon the construction or interpretation of any provision hereof.