The terms and conditions applicable to the use of the PCH Prize Bar (the "Toolbar") are set forth herein. Your use of the Toolbar and/or participation in the PCHsearch&win and/or Publishers Clearing House sweepstakes (each a “Sweepstakes”), contests, or other promotions contained on or available through this Toolbar(collectively the "Promotion") constitutes your acceptance of these terms and conditions and will give rise to a binding contract between Publishers Clearing House LLC ("We," "Us," or "Our") and you ("You" or "User"), referred to below as this "Agreement."
The PCHsearch&win services provided through the Toolbar (collectively, the "Services") are subject in all respects to this Agreement. These terms and conditions may be updated or modified from time-to-time by Us in Our sole discretion.
There is no fee payable by You for the privilege of using the Toolbar and no purchase is necessary to participate in the Sweepstakes or any other Promotion contained on or available through this Toolbar. Your access to this Toolbar is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time. By submitting any content to this Toolbar, You grant to Us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in any form, media or technology now known or hereafter developed. You also agree to waive and never assert any moral rights that You may have in or to any content submitted to Us. If You are a prize winner in the Sweepstakes, You are also required to grant to Us certain publicity rights as well. Please see Section 9 of this Agreement and the Official Rules for more information.
You understand and agree that this Toolbar may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which We may undertake from time-to-time; or (c) causes beyond Our control or which are not foreseeable by Us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for Your use of this Toolbar, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use this Toolbar.
5. Use of Personal Information.
6. Proprietary Rights.
All or portions of this Toolbar are proprietary to Us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws. You agree to use this Toolbar for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of this Toolbar, or other aspect of the Services or the Sweepstakes, for any purpose unless We give You express written permission to do so.
7. Rules for the Sweepstakes.
Your acceptance of any prize from shall, unless prohibited by law, also constitute a grant to Us of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, Your name, picture, voice, likeness and/or biographical information for promotional purposes without additional compensation and without additional consent.
By using this Toolbar or the Services and participating in the Sweepstakes or any other Promotion available on this Toolbar, You hereby give Us the right, without any obligation to compensate You, to publish, disclose, use, reproduce, exhibit, display, print and/or distribute Your first name, first letter of the last name, location (city and state), the amount of any prize and the Sweepstakes from which it was won and/or any quotation, statement, image or other content that You are willing to provide about this Toolbar or the Services or Sweepstakes that We, in Our sole discretion, wish.
The views expressed by users of Our Toolbar do not necessarily reflect Our views.
10. Fraudulent Activity Policy.
The Toolbar strictly prohibits user fraud and abuse relating to access to and use of the Toolbar or any Promotion made available on the Toolbar. In accessing the Toolbar or participating in any Promotion, or any other activities, products or services offered by or through the Toolbar, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of this Agreement and (c) you will not circumvent or attempt to circumvent any provision this Agreement or any security feature on the Toolbar or engage in any activity that interrupts or attempts to interrupt the operation of the Toolbar.
Anyone who engages in, participates in or displays behavior that may be interpreted, in Our sole and absolute discretion, as the use of unfair, improper or unauthorized methods or activities on the Toolbar, including (but not limited to) the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of gaming software or programs), accessing the Toolbar from a foreign or otherwise ineligible location or IP address, using automated technology, proxy servers or other means to conceal your identity, intentionally poor play in certain games in order to achieve a broader competitive advantage, collusion with other players or any other act or circumstance that unfairly alters your chance of winning, gives you an unfair advantage, or constitutes the commission of fraud or harassment of other participants, posting of objectionable material, any breach of this Agreement, any breach of the security of Your account or the Toolbar or any other activity that We, in our discretion, deem to be abusive (collectively, "Abuse"), shall be subject to immediate sanction (as determined in Our sole and absolute discretion), including without limitation: (1) your account may be terminated without notice and your access to the Toolbar blocked; (2) any entries submitted will not be valid and you will not be eligible to win; (3) any “winning” invalid entries will be void and may report a losing result; (4) any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; and (5) any prizes, winnings or representative of value already received by You shall be subject to disgorgement and/or recoupment by the Toolbar.
11. Enforcing Security on this Toolbar.
Actual or attempted unauthorized use of this Toolbar may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on this Toolbar without notice or permission from You. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this Toolbar. We will comply with all court orders involving requests for such information.
12. Digital Millennium Copyright Act Compliance.
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Our Toolbar which allegedly infringes another person’s copyright. If You are a copyright owner or an agent thereof and believe that any content on this Toolbar infringes upon Your copyright, You may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this Toolbar are covered by a single notification, a representative list of such works at the Toolbar;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
· Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address;
· A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if You fail to comply with all the requirements of this Section 12, Your DMCA notice may not be valid.
13. No Redistribution or Resale.
You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of this Toolbar for commercial purposes.
14. No Interference or Circumvention.
You agree that You will not use, implement or employ, or directly or indirectly aid, encourage or solicit anyone else to use, implement or employ, any automated or manual device, process or program (including without limitation any robot, scripting, spider, spyware, adware, etc.) that is designed to or does in fact: (a) monitor, observe, track, gather, collect, copy or transmit any of the content, data or user information contained on this Toolbar; (b) deliver promotional, advertising, marketing, commercial or non-commercial material to Users (e.g. pop-up advertisements) without Our express written permission; or (c) interfere, circumvent or encumber, or attempt to interfere, circumvent or encumber, the operation or administration of this Toolbar. or (d) make the Promotion incapable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, We reserve the right to terminate the online portion of the Promotion.
15. No Automated Querying.
You may not send automated queries of any sort to this Toolbar without written permission from Us. Note that "sending automated queries" includes, among other things, using any software that sends queries to our Toolbars or "meta-searching."
16. Third Party Products/Services.
You acknowledge and agree that this Toolbar may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do We guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquired through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through this Toolbar.
17. Advertisers on this Toolbar.
In Our sole discretion, We may post advertisements from and by third parties on this Toolbar. Your correspondence or any other dealings with advertisers found on this Toolbar are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Toolbar. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Toolbar.
18. Links to Other Websites.
We may provide links, in Our sole discretion, to other websites on the World Wide Web for Your convenience in locating related information, products and services. These websites have not necessarily been reviewed by Us and are maintained by third parties over which We exercise no control. Accordingly, We expressly disclaim any responsibility for the content, materials, accuracy of the information and/or quality of products or services provided by or advertised or on third party website. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
19. Events Beyond Our Control.
You expressly absolve and release Us from any claim of harm resulting from a cause beyond Our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
20. Representations and Warranties.
By using this Toolbar, You represent and warrant the following: (a) You have the right, power and authority to enter into and perform this Agreement; (b) any information that You provide when registering to use this Toolbar is accurate, truthful, reliable and current; (c) You have the legal right to submit any content provided by You and no such submission or use of any such content by Us does or will violate the rights (including intellectual property rights and the rights of privacy or publicity) of any third party, and (d) You will not use Our Services or this Toolbar or the Services to violate any federal, state and/or local law.
21. Disclaimer of Warranties.
THIS TOOLBAR IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS TOOLBAR AND OUR SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE TOOLBAR, THE SERVICES OR THE SWEEPSTAKES US WILL MEET YOUR REQUIREMENTS; (C) THAT THE TOOLBAR WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE TOOLBAR, THE SERVICES OR THE SWEEPSTAKES WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS TOOLBAR, THE SERVICES OR THE SWEEPSTAKES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
22. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE TOOLBAR, THE SERVICES OR THE SWEEPSTAKES, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE TOOLBAR; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE TOOLBAR; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE TOOLBAR, THE SERVICE OR THE SWEEPSTAKES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY (IN WHOLE OR IN PART) TO YOU.
23. Reliance upon Limitations.
The parties acknowledge that they have entered into this Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
You agree to indemnify, hold harmless and defend Us, Our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach or alleged or threatened breach by You; (b) Your use of the Toolbar, the Services or the Sweepstakes, including any data, content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Toolbar, the Services or the Sweepstakes by You; (d) any negligent or willful misconduct by You.
25. Integration and Conflicting Terms.
26. Modification and Amendment.
We have the right at any time or from time to time to modify or amend the terms and conditions of this Agreement, in which case this Toolbar will display such changes, which will be Your only notification of any such change. Any use of the Services by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
27. Force Majeure.
If the performance of any part of this Agreement by Us is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other cause or causes beyond our control, We shall be excused to the extent that We are prevented, hindered or delayed by such cause or causes. In the event of such circumstances which hinder or delay Our performance, We will, if possible, attempt to post this information on this Toolbar.
If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.
30. Governing Law, Forum, and Arbitration.
This Agreement is made in, and shall be governed by, the laws of the State of New York, excluding its conflicts-of-law principles. You agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. Said dispute shall be submitted individually by You, and shall not be subject to any class action status. You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney’s fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which You will be entitled shall be Your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of New York. All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of New York and You irrevocably submit and consent to the personal jurisdiction of such courts and waive any objection in the nature of inconvenient forum.
In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
32. No Third Party Beneficiaries.
No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.
The respective rights and obligations of the parties, if any, pursuant to Sections 20 through 24, inclusive, Sections 30 and 31, and as otherwise provided elsewhere in this Agreement, shall survive any termination or expiration of this Agreement.
35. Neutral document.
36. Headings and Order.
The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.
Publishers Clearing House LLC © Copyright 2012. All Rights Reserved