Thank you (“You” or “Your“) for your interest in the Blue Calypso® social amplification, gamification and analytics platforms, including, but not limited to, DashTAGG®, Kiosentrix®, SocialECHO™ and Mobile ADvantage™ (the “System“) owned, operated, and/or provided by Blue Calypso, Inc. (“Company“). You have indicated that you desire to participate as an active advocate (an “Advocate“) using the System offered by one or more matched Sponsors (an “Sponsor“), and you have requested access to services offered by or through the System that are provided only to duly qualified and registered Advocates (the “Registered Services“).
Your access to, and use of, the Registered Services is conditioned upon your acceptance, without modification, of the following terms, conditions, and notices (these “Advocate Terms“). By clicking the “I Accept” button below, you agree to be bound by these Advocate Terms. By clicking the “I Do Not Accept” button below, you will not be permitted access to the Registered Services.
All services offered, whether by or through the Website (collectively the “Services“) is offered to you by Company conditioned on your acceptance, without modification, of the following terms, conditions, and notices (these “Terms“). Your use of the Services or any System (including your browsing of any of the web pages on the Website) constitutes your agreement to be bound by these Terms.
It is important that you are a genuine advocate of the brands, campaigns, offers, games and content that you choose to participate with through our websites and mobile apps. Therefore we require that you adhere to two basic rules of engagement.
1. You will only endorse brands, campaigns and offers for which you are a true advocate, and;
2. You will NOT make false representations about your use, consumption or experience with any product, service or offer. This includes claiming that you have used a product or service when you have not.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND SHALL ABIDE BY THE RULES OF THE FTC GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, EFFECTIVE DECEMBER 1, 2009. THE FTC GUIDES ARE AVAILABLE FOR REVIEW AT http://www.ecfr.gov/cgi-bin/text-idx?SID=00d3a7a91f03ab3728af82c06acc256e&mc=true&node=pt16.1.255&rgn=div5, AND FURTHER INFORMATION IS AVAILABLE AT HTTP://BUSINESS.FTC.GOV/DOCUMENTS/BUS71-FTCS-REVISED-ENDORSEMENT-GUIDESWHAT-PEOPLE-ARE-ASKING. THE FTC GUIDES PROVIDE, AMONG OTHER THINGS, THAT ADVOCATES RECEIVING COMPENSATION OR INCENTIVES FOR THEIR EFFORTS SHOULD DISCLOSE IN THEIR SOCIAL POSTINGS THAT THE POSTINGS ARE BRAND CONTENT AND/OR ARE MADE IN EXCHANGE FOR COMPENSATION, INCENTIVE OR PAYMENT, AND THAT ADVOCATE POSTINGS CANNOT BE FALSE OR MISLEADING.
The Company may change these Terms from time to time in the Company’s sole discretion. Accordingly, the Company encourages you to review these Terms periodically. The Company reserves the right (but is not required) to post a notice on the Website or send you a notice via email or any other delivery method of any such change to these Terms. The most current version of these Terms shall be linked on the home page of the Website. If you continue to use the Services after the Company changes these Terms, then you accept all such changes.
(a) “Confidential Information” means all information disclosed by the Company to You in connection with the Registered Services, whether tangible or intangible or disclosed verbally, in writing, electronically, or otherwise. Confidential Information includes information relating to (i) pricing, (ii) spend rates, (iii) revenue, (iv) business rules (including advertising rules and logic), and (v) the System (including the look, feel, and functionality of the System). Brand content (as defined below) that You receive through the System shall never constitute Confidential Information.
(b) Except for the System (including the look, feel, and functionality of the System) and for information that is required by law to remain confidential, Confidential Information does not include information that You can establish in writing is (i) publicly available without violation of these Advocate Terms or any other obligation of confidentiality or (ii) subsequently disclosed to You by a third party without restriction and the disclosure by the third party does not violate any obligation of confidentiality.
(c) You shall never:
(i) disclose, license, transfer, sell, or make available to anyone any Confidential Information except as required by operation of law, provided that You have promptly notified Company in writing of any legal process requiring production of such Confidential Information prior to compliance with such process and has taken all reasonable precautions, including seeking a protective order if so requested by (and at the sole cost and expense of) the Company, to ensure confidential treatment of any Confidential Information so disclosed and such production is limited to the minimum extent necessary to comply with such legal process; or
(ii) use, copy, or reproduce any Confidential Information except as necessary in connection with the purpose for which such Confidential Information is disclosed to You and in accordance with these Advocate Terms.
(d) For clarity (and without limiting Section 2.1(c)), You shall never (i) disclose or make available the System (or the look, feel, or functionality of the System) to any competitor, or potential competitor, of the Company or (ii) use the System for any purpose that is competitive to the Company.
(e) You shall treat Confidential Information with the same degree of care as You accord to Your own Confidential Information, but in no case less than reasonable care, including taking all reasonable measures to protect the secrecy of Confidential Information and protect against unauthorized acts with respect to Confidential Information. You shall promptly advise Company if You learn of any unauthorized act with respect to Confidential Information.
(f) The Company shall continue to own all Confidential Information. You shall promptly return to the Company all Confidential Information (including all compilations, manuals, documents, electronic media, and other tangible items containing, regarding, referencing, or relating to Confidential Information) upon the earlier to occur of (i) a written request by the Company or (ii) termination of Your Account (as defined below) or access to the Registered Services.
(g) A breach or threatened breach of this Section 2.1 by You may cause irreparable harm and injury to the Company for which money damages are inadequate. In the event of such breach or threatened breach, the Company shall be entitled to seek injunctive relief, without the requirement of posting a bond or any other security, in addition to all other available remedies.
4. REGISTERED SERVICES.
The Registered Services facilitate the delivery of electronic brand content, which may include text, hyperlinks, graphics, videos, audio, and banners, that are approved by Sponsors (collectively “Brand Content“) to Advocates who are matched with the Sponsors through a proprietary matching process (the “Matching Process“) and who then use the Advocates’ approved mobile devices to push or forward Brand Content to recipients by the Advocates. A more detailed description of the Registered Services is located here on the System; the Company reserves the right to modify the description of the Registered Services (including the Matching Process) from time to time in Company’s discretion. All references in these Advocate Terms to the Registered Services shall be based upon, and determined and controlled by, such then-current description of the Registered Services at the then-current link, notwithstanding any description of the Registered Services to the contrary in these Advocate Terms (including this Section 4) or in any Additional Terms or any description of the Registered Services located on a prior version of the System. THE COMPANY ENCOURAGES YOU TO REVIEW THE LINK ABOVE FOR THE THEN-CURRENT DESCRIPTION OF THE REGISTERED SERVICES.
As a condition to using the Registered Services, You are required to register with the Company by either using your social media credentials (Facebook Connect or Twitter Connect) or by entering Your email address, selecting a valid password, and providing all other required registration information (collectively “Your Login Information“). You shall provide the Company with accurate, current, and complete registration information (including Your Login Information), and You shall maintain and promptly update all registration information (including Your Login Information) as necessary. You shall also provide the Company with additional accurate, current, and complete registration information as requested from time to time. Upon registration with the Company (if any) to use the Registered Services, You will be granted a Registered Services account (“Your Account“).
5.2 RESTRICTIONS AND LIMITATIONS.
The Company shall have no liability associated with, or arising from, Your failure to maintain accurate, current, and complete registration information, including liability arising out of Your failure to receive critical information about any Registered Service or Your Account. The Company shall not be responsible for verifying Your registration information, including Your Login Information. You may not (i) select or use as Your Login Information a name of another person with the intent to impersonate that person or (ii) use as Your Login Information a name subject to any rights of a person other than You without appropriate authorization. The Company reserves the right to refuse registration of, or cancel, Your Login Information or Your Account in the Company’s discretion. You shall maintain the confidentiality and security of Your Login Information, Your Account, and Your other identification information relating to Your Account, and You shall not provide any of the foregoing to any other person or entity. The Company shall not be liable for any unauthorized access or use of Your Login Information or Your Account. You are fully responsible for all use of, and activities that occur under, Your Login Information and Your Account and for any actions that take place through Your registration or access to the Registered Services (whether conducted by You or another). You are responsible for restricting access to Your computer(s), including mobile devices, as necessary. The Company reserves the right to require You to change Your Login Information from time to time. Failure to comply with any portion of this Section 5 shall constitute a breach of this Agreement, which may result in immediate termination of Your Account.
5.3 SMS SHORT CODE REGISTRATION AND USAGE.
(a) When you opt-in to the service, we will send you an SMS message to confirm your signup.
(b) You can cancel the SMS service at any time. Just text “STOP CODE” to the short code you subscribed to where CODE is the code you used to opt-in. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
(c) If at any time you forget what keywords are supported, just text “HELP” to 73095. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
(d) We are able to deliver messages to the following mobile phone carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
(e) As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1 message per user request. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org.
6. YOUR SUBMISSIONS.
By posting, uploading, inputting, providing, or submitting information or materials to or through the Website, mobile app(s) or the Registered Services, including testimonials made by You in connection with, or as part of, the Registered Services (the “Submissions”), You grant the Company and the Company’s owners, parents, subsidiaries, affiliates, and partners irrevocable permission (including a worldwide, transferable, sub-licensable, perpetual, royalty-free, and fully paid-up license) to use, distribute, edit, display, store, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, repurpose, translate, and create derivative works of the Submissions and Your name, voice, likeness, and other identifying information where part of a Submission, in all cases without restriction, in any form, media, software, or technology of any kind now known or developed in the future, including for the purpose or purposes of developing, manufacturing, and marketing products. You waive any moral rights You may have in or to the Submissions. No compensation shall be paid to You with respect to the Submissions.
6.2 RIGHT TO SUBMIT.
By posting, uploading, inputting, providing, or submitting the Submissions, You represent and warrant that You own or otherwise control all of the rights to such Submissions as described in these Advocate Terms and the Additional Terms, including all the rights necessary for You to provide, post, upload, input, or submit the Submissions and grant the Company the rights granted by You in these Advocate Terms and any Additional Terms with respect to the Submissions.
The Company, the Company’s licensors, or the Company’s Content providers may refuse, remove, or alter a Submission without notice to You (but such licensors and Content providers only have such rights that are separately granted in writing by the Company). However, the Company has no obligation to monitor or control the Submissions, and You agree that neither the Company nor the Company’s owners, parents, subsidiaries, affiliates, partners, shareholders, members, managers, directors, officers, employees, contractors, agents, information providers, suppliers, agents, representatives, attorneys, licensors, or Content providers shall be liable for the Submissions or any loss or damage resulting from the Submissions.
6.4 REPRESENTATIONS AND WARRANTIES.
You represent and warrant that You (i) have all necessary right, power, and authority to enter into these Advocate Terms and the Additional Terms and to perform the acts required of You under these Advocate Terms and the Additional Terms, including the right and authority to post, upload, input, provide, or submit the Submissions, and (ii) shall not (a) use the Website, mobile apps or the Registered Services in any manner that could damage, disable, overload, or impair the Website, mobile apps, or the Registered Services or interfere with any other party’s use and enjoyment of the Website, mobile apps or the Registered Services, (b) obtain, or attempt to obtain, any materials, information, or other content through any means not intentionally made available or provided for through the Website, mobile apps or the Registered Services, or (c) circumvent, or attempt to circumvent, any security feature of the Website, mobile apps or the Registered Services.
7. BRAND CONTENT.
7.1 YOUR OBLIGATIONS.
If You receive any Brand Content as part of the Registered Services, You are permitted to forward such Brand Content to recipients that You select, subject to Your compliance with applicable law, including all laws applicable to identifying or disclosing the commercial relationship between You and a Sponsor and in accordance these Advocate Terms. You acknowledge and agree that the Company has no control over, or responsibility with respect to, the content of any Brand Content that You receive. You further acknowledge and agree that the Company has no control over, or responsibility with respect to, Your selection of recipients, and You shall be solely responsible for such recipients’ selection and receipt of any Brand Content by and from You. You acknowledge and agree not to post, share or transmit, or cause to be posted, shared or transmitted, any Brand Content or communication that fails to disclose or indicate, through a term such as “ad” or “paid,” that the Advertisement or communication is in fact an advertisement or is being made in exchange for compensation or payment, if applicable. You waive any claim against the Company with respect to any and all Brand Content (including Your failure to receive any Brand Content or Your selection of any recipient of any Brand Content). You may not transfer or sublicense the limited right granted to You in this Section 7.
7.2 ENDORSEMENTS AND TESTIMONIALS.
YOU HEREBY AGREE TO RELEASE THE COMPANY FROM ALL LIABILITY DIRECTLY OR INDIRECTLY RELATING TO, ARISING FROM, OR CONNECTED TO, THE USE OF ENDORSEMENTS AND TESTIMONIALS CREATED OR DISTRIBUTED BY YOU USING THE SYSTEM.
8.1 REWARDS PROGRAMS.
Some of the Registered Services offer You the opportunity to earn rewards (the “Rewards”) through programs and/or campaigns sponsored, supplemented, and made available by Sponsors (the “Rewards Programs”). A more detailed description of the Rewards Programs, and the Rewards offered by the Rewards Programs (which Rewards will likely vary from Rewards Program to Rewards Program and may vary from campaign to campaign within a particular Rewards Program), is located here on the System; the Company reserves the right to modify, suspend, and terminate each Rewards Program (including the Rewards offered by each Reward Program and/or campaign) from time to time in the Company’s discretion, as well as to customize Rewards and Rewards Programs on an Advocate-by-Advocate basis; in this connection, You understand that the Company makes no commitment as to the level of Rewards or Rewards Programs offered to You as compared with other Advocates. You must comply, at all times, with the terms and conditions of each Rewards Program to earn any Rewards under such Rewards Program, including providing additional registration information, Your Account information, and personal information necessary to participate in each Rewards Program and keeping all such information updated and including refraining from making disparaging or inappropriate remarks regarding any Brand Content. Rewards may be used and/or redeemed only as, where, and to the extent eligible, and Rewards are redeemable only to the extent permitted by the applicable Rewards Program, which may limit redemption of Rewards to (among other things) certain, limited locations, businesses, items, or purposes. Rewards are not transferable, and You may not barter, trade, or otherwise exchange Your Account or Rewards.
The Company is under no obligation to provide You with any particular earning opportunity, and the Company reserves the right to limit enrollment and participation in the Rewards Programs in the Company’s sole discretion. The Company does not guarantee that any Rewards Program will continue, or be available, for any definite period of time. The Company also reserves the right to send to You administrative messages from time to time that may be excluded from credit within the Rewards Programs, such as system updates, bulletins, confirmations, announcements, and other similar messages. The Company makes no promises or guarantees with respect to Rewards or “VIP” perks earned or made available relating to, or arising or resulting from, the System or the Registered Services.
8.3 CORRECTIONS AND RE-ISSUANCES.
The Company (i) reserves the right to hold back, suspend, or adjust Rewards in the Company’s sole discretion to investigate suspected fraud and/or compliance with the Company’s policies and the applicable Rewards Programs and to comply with any and all applicable Rewards Programs and (ii) further reserves the right to fix any processing errors that the Company discovers resulting in adjustments to previously received Rewards. All decisions regarding the amount of Rewards available to You under any Rewards Program will be made by the Company and are final.
9.1 CODE OF CONDUCT.
The Company is committed to transparency and honesty in all of its content including but not limited to endorsements and testimonials. In using the Registered Services You agree to comply with the following code of conduct as an Advocate. While the Company does not review or control or attempt to verify content or accuracy of endorsements and testimonials, the Company reserves the right to restrict, suspend, terminate or Deactivate Your accounts for inappropriate content in its sole discretion. You further acknowledge and agree that the Company has no control over, or responsibility with respect to, the content of Your endorsements or testimonials and You shall be solely responsible for such content. You waive any claim against the Company, its partners, Sponsors, sponsors and Agencies with respect to any and all content or claims by any third party recipient of any endorsement or testimonial and agree to indemnify and hold harmless the Company, its partners, sponsors and Agencies from any such third party claims.
(i) Advocate bears sole liability and responsibility for content and accuracy of endorsements and testimonials. All endorsements and testimonials represent the opinion or beliefs of Advocate. Advocates may only make statements that reflect their honest beliefs, opinions, or experiences.
(ii) Advocate should exercise prudence and restraint with regard to exaggeration, colorful language, guesswork, use of inappropriate materials, conclusions, images and/or video.
(iii) Advocate shall not use inappropriate language, materials, images or videos and should refrain from any derogatory remarks or characterizations including but not limited to the use of ethnic slurs, personal insults and obscenity.
(iv) Advocate shall not make or use offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including malicious or intentional lies or fabricated rumors.
(v) Advocate shall not engage in any communication that is defamatory or infringes upon the privacy or intellectual property rights of third parties including but not limited to the use of images or statement without written permission from its owner.
(vi) Advocate shall not make or use deceptive or misleading claims about products or services of the Company or its Sponsors and shall not offer for sale, or solicit the sale of products or services in using the Registered Services.
(vii) Advocate shall not make or use endorsements or testimonials in any way that promote unsafe activities that could lead to individual harm or peril.
9.2 PROHIBITED USES. You agree to use the Website, mobile apps the Registered Services, and the Content only for their intended purposes. In this connection, You agree that when using the Website, mobile apps, the Registered Services, and the Submissions Content, You shall not:
(a) Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website, mobile apps, the Registered Services, or the Submissions Content or make any unauthorized changes to the same;
(b) Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(c) Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Website, mobile apps, the Registered Services, or the Submissions to do any of the foregoing with respect to) any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, misleading, defamatory, infringing, obscene, indecent, offensive, hateful, disparaging, abusive, unlawful, or objectionable topic, name, material, or information;
(d) Frame or display the Website, mobile apps, the Registered Services, or the Submissions with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Company and any third party or potentially deprive the Company of revenue (including revenue from advertising, branding, or promotional activities);
(e) Upload files that contain software or other material protected by intellectual property laws and regulations (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents;
(f) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
(g) Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication except to the extent expressly contemplated by the Registered Services;
(h) Run Maillist, Listserv, any form of auto-responder on, or with respect to, the Website, mobile apps, the Registered Services, or the Submissions, or any processes that run or are activated while You are not logged in;
(i) Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;
(j) Impersonate another person or entity or use any fake name or identity;
(k) Allow any other person or entity to use Your identification for posting or viewing comments;
(l) Restrict or inhibit any other user from using and enjoying the Website, mobile apps, the Registered Services, or the Submissions;
(m) Acting alone, in concert with others or conspiring with others to violate any restrictions, prohibited uses, code of conduct or other guidelines that may be applicable to the Website, mobile apps, the Registered Services, or the Submissions;
(n) Harvest or otherwise collect information about others, without their prior, express, and written consent;
(o) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from anyone;
(p) Use any part of the Website, mobile apps, the Registered Services, or the Submissions to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
(q) Access or use the Website, mobile apps, the Registered Services, or the Submissions through an interface other than Company’s interface; or
(r) Link to the Website, mobile apps, the Registered Services, or the Submissions from another; or
(s) Post or transmit, or cause to be posted or transmitted, any communication or Brand Content that fails to disclose or indicate, through a term such as “ad” or “paid,” that the communication is being made in exchange for compensation, incentive or payment; or
(t) Violate any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.
Some of the Registered Services offer You the opportunity to participate in various online contests through programs and/or campaigns sponsored by the Company and made available only to Advocates (the “Contest” or “Contests”). A more detailed description of the Contests and the prizes offered (which prizes will vary from Contest to Contest, shall be further described upon Contest launch; Company reserves the right to modify, suspend, and terminate each Contest (including the prizes offered by each Contest) from time to time in the Company’s discretion, as well as to customize contest on an Advocate-by-Advocate basis; in this connection, You understand that the Company makes no commitment as to the level of prizes offered to You as compared with other Advocates. You must comply, at all times, with the terms and conditions of each Contest, including providing additional registration information, Your Account information, and personal information necessary to participate in each Contest and keeping all such information updated. Prizes may be used and/or redeemed only as, where, and to the extent eligible, and are redeemable only to the extent permitted by the applicable Contest, which may limit redemption of prizes to (among other things) certain, limited locations, businesses, items, or purposes. Prizes must be claimed no later than 90 days after notification unless otherwise provided under the terms of each Contest and are not transferable and cannot be redeemed for cash, and You may not barter, trade, or otherwise exchange or substitute Your Account or prizes. Prize redemption is Your sole responsibility. Failure to claim or redeem prizes 90 days after notification (unless otherwise provided under the terms of a Contest) will result in automatic forfeiture of prizes without further notice by the Company. All federal, state and/or local taxes are Your sole responsibility. You may be required to sign and return a release of liability, affidavit of eligibility, and, where lawful, a publicity consent agreement as a condition to redeeming Your prize. By accepting and/or using any prize, You agree to the use of Your name, voice, or likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law. If You cannot be contacted, are ineligible, or fail to claim a prize, or fail to timely return the completed and executed affidavit and releases as required, prizes may be forfeited and an alternate winner selected. Employees of the Company and its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies and their immediate family members and persons living in their same household, may not be eligible to participate in Contests in the sole discretion of the Company. Void where prohibited. All federal, state, and local laws and regulations apply. Neither Apple, Inc. ornor Google, Inc. are sponsors, participants or in any way associated or involved in Contests. By participating in a Contest, You agree to release and hold the Company and its employees, officers, directors, shareholders, agents, representatives and affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contests or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy
10.2 WINNER SELECTION.
A winner for each Contest will be selected randomly at the end of each Contest from all eligible entries as provided from Contest to Contest. If You are a winner of a Contest the Company will notify you electronically. All decisions by the Company are final and binding. Odds of winning will be determined by the volume of eligible entries received as determined under the terms of each Contest. Company shall not be responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify You.
By entering a Contest, You agree to be bound by the terms for each Contest and the decisions of the Company which shall be final in all respects. The Company, its agents and representatives and affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of the Company that may cause the Contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; or (vi) any printing or typographical errors in any materials associated with the Contest. The Company does not guarantee that any Contest will continue, or be available, for any definite period of time. The Company reserves the right at any time to disqualify You for tampering with the entry process or the operation of the Contest; violation of any specific Contest rules; or acts in any manner or with intent to annoy, threaten or harass any other person.
11. SOFTWARE DOWNLOAD.
You acknowledge and agree that, as part of Your use of the Registered Services, software may be required to be downloaded by the System and/or Services to, and installed on, Your computer or mobile device (the “Downloaded Software“) which meets the Company’s technical requirements (such mobile device containing the Downloaded Software is the “Approved Device”). Your failure to permit any such download or installation, including error corrections, updates, enhancements, new features, or upgrades, shall result in immediate termination of Your right to access or use the Registered Services and/or shall result in failure to earn or receive any Rewards. You may not transfer the Downloaded Software from the Approved Device to any other device. You agree not to access or use the Registered Services by any means other than through the Downloaded Software on the Approved Device and the accompanying interface that is provided by the Downloaded Software for such use. The Downloaded Software is subject to (among other things) the terms, conditions, and limitations of any and all applicable Additional Terms. You understand that certain information may be collected by the Company about You (including Your personally identifiable information) in connection with the software download process described in this Section 11 or contemplated by the System and Services. You must immediately notify the Company if the Approved Device is lost, stolen, infected with a virus, or otherwise compromised.
12. REPRESENTATIONS AND WARRANTIES.
You represent and warrant to the Company that (i) You are, and will be at all times, a bona fide user of the Registered Services as intended by the Company, (ii) You are not collecting or acting, and will not collect or act, for or on behalf of a competitor of the Company, and (iii) Your are not, and have no intention of becoming, a competitor of the Company.
13. ACTIONS BY COMPANY.
13.1 ACCOUNT CLOSURES
The Company reserves the right to close Your Account if Your Account has been inactive for a period of 6 consecutive months. In addition, Your Account will be closed automatically in the event Your access to the Registered Services is terminated (without regard to the reason for such termination). In all cases of closure of Your Account, earned but unredeemed Rewards will be automatically forfeited, without recourse, compensation, or replacement, and returned to the Company upon any such closure. If Your Account is closed, You must re-enroll as a new Advocate. The Company shall not be liable for any closure of Your Account or termination of Your access to the Registered Services. You must remove all Downloaded Software from the Approved Device (or any other device containing the Downloaded Software) if Your Account is closed.
13.2 ACCOUNT SUSPENSION OR TERMINATION.
The Company may take any of the following actions in the Company’s sole discretion at any time and for any reason without giving You prior notice:
(a) Restrict, suspend, or terminate Your access to the Website, mobile apps, the Registered Services, and the Submissions at any time for any reason or for no reason. In particular, and without limitation, the Company may restrict, suspend, or terminate Your access to the Website, mobile apps, the Registered Services, and the Submissions upon Your non-compliance (or threatened non-compliance) with these Advocate Terms or any Additional Terms or if You violate (or threaten to violate) Company’s rights or the rights of any other party;
(b) Change, modify, suspend, or discontinue the Website, mobile apps, the Registered Services, and the Submissions and the Website’s, mobile apps’, the Registered Services’, and the Submissions’ respective features and functionality, in whole or in part;
(c) Deactivate Your accounts and delete all related information and files in Your accounts;
13.3 NO LIABILITY. The Company shall not be liable to You or any third party for taking any of the actions in this Section 13, and the Company shall not be limited to the remedies described in this Section 13 if You violate these Advocate Terms or the Additional Term or threaten to violate these Advocate Terms or the Additional Terms.
14. COMMUNICATIONS SOLELY WITH COMPANY. You agree to direct to the Company, and not to anyone else, including any Sponsor, all communications regarding any matter arising out of Your use of the Registered Services. Without limiting the foregoing, You shall not initiate any communication of any kind that encourages, solicits, induces, diverts, entices, or otherwise takes away from the Company the business or patronage of any Sponsor.
15. PATENTS, TRADEMARKS AND COPYRIGHTS. Blue Calypso owns US Patents 7,664,516, 8,155,679, 8,438,055, 8,452,646, 8,457,670, and 9,314,697 and has several additional patents pending. Blue Calypso®, DashTAGG®, KIOSentrix®, SocialECHO™, POPTrak™, OFTin™ and Mobile ADvantage™ and the Blue Calypso logo are registered and pending trademarks of Blue Calypso, Inc. and its subsidiaries and affiliates. Other Company trademarks, as well as any third-party trademarks, service marks, logos, and trade names appearing on the Website or on or through the Services or the Content, are and shall remain the property of their respective owners. The use of any trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, copyrights, patented technology or other brand features owned by the Company or any third party is prohibited without the prior written consent of Company or the applicable third party. If You are seeking permission to use trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features owned by Company, please contact Company at email@example.com or by mail at Blue Calypso, Inc., ATTN: Administrator, 101 W. Renner Rd., Suite 200 Richardson, TX 75082.
16. SURVIVAL. Sections 12, 13, 14 and 15 shall survival termination of Your right to access or use the Registered Services and the closing of Your Account.