Effective Date: September 5th, 2018
Contest Rules: majorityrulesapp.com/rules.html
ARTICLE 1 - DEFINITIONS:
The parties referred to in this Agreement shall be defined as follows:
ARTICLE 2 - ASSENT & ACCEPTANCE:
By using MajorityRules, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the MajorityRules application and cease any use of the MajorityRules Services. The Company only agrees to provide use of MajorityRules and the Services to you, if you assent to this Agreement. BY USING MAJORITYRULES, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND IN ARTICLE 33C BELOW.
ARTICLE 3 - ELIGIBILITY:
You must be at least 17 (seventeen) years of age to use MajorityRules or any Services contained herein. By using MajorityRules, you represent and warrant that you are at least 17 (seventeen) years of age and may legally enter into a binding contract with MajorityRules. We disclaim any liability for any misrepresentation of your or any other User's age. You further represent and warrant that you are currently not prohibited from using MajorityRules under the laws of the United States or any applicable jurisdiction. The Company assumes no responsibility or liability for any misrepresentation of your age.
ARTICLE 4 - SERVICES & REGISTRATION:
MajorityRules is a live game show application in which Users answer questions for the chance to win cash prizes. ‘Users that choose to, can play by opening the application and logging in during the live game play. Users may also communicate with each other during game play. Users that answer all 10 (Ten) questions in one game correctly, will win or split a monetary prize. We may adjust the number of questions asked during any particular game at our sole and exclusive discretion. Additional, detailed information about our Contest Rules may be found at the following: majorityrulesapp.com/rules.html
To use MajorityRules or any of the Services, we require you to sign up for an account via the application. To do so, you’ll provide your phone number and you may link to a third-party website, such as Facebook or Google, to further connect and authenticate your account.
MajorityRules makes no guarantees as to the receipt of any prize.
MajorityRules make no guarantees as to the performance of any individual User.
By using MajorityRules you agree not to:
ARTICLE 5 - MODIFICATIONS TO USER INFORMATION:
You may edit certain User information by visiting the “Settings” tab of the application or, if the information you want edited is not in the “Settings” tab, you may send an email to email@example.com.
ARTICLE 6 - USER OBLIGATIONS:
As a User of MajorityRules or the Services, you will be asked to provide us with certain information, such as (but not limited to) your chosen Username and your personal telephone number.
You are responsible for ensuring the continued accuracy of this information. This information will enable you to use MajorityRules and the Services. You must not share such identifying information with any third party, and if you discover that your information has been compromised, you agree to notify us immediately in writing. An email notification will suffice to firstname.lastname@example.org.
You are responsible for maintaining the safety and security of your information, as well as keeping us apprised of any changes to your information. Providing false or inaccurate information, or using MajorityRules or the Services to further fraud or unlawful activity is grounds for immediate termination of your account and this Agreement with you.
ARTICLE 7 - NO 501(c)(3) STATUS:
You acknowledge and agree that MajorityRules is not a charitable organization, as that term is defined under the Internal Revenue Code.
ARTICLE 8 - LICENSE:
The Company may provide you with certain materials as a result of your use of MajorityRules or the Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of MajorityRules or the Services ("Company Materials"). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable, worldwide and royalty-free, license to use the Company Materials solely in connection with your use of MajorityRules and the Services. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of MajorityRules or the Services or at the termination of this Agreement.
ARTICLE 9 - INTELLECTUAL PROPERTY:
You agree that MajorityRules and all Services provided by the Company, are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property, including, but not limited to, MajorityRules and any other trademarks or service marks found on the MajorityRules application ("Company IP"). The Company IP also includes a copyright in the entirety of the MajorityRules application. You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
ARTICLE 10 - INTERACTIONS WITH OTHER USERS:
You may be able to communicate with other Users on the MajorityRules application. We hereby expressly disclaim any and all responsibility for the actions, interactions, conduct, communications, or other relationships of any Users on or off MajorityRules.
We encourage all Users to look out for their own safety on and off MajorityRules. As such, please be reminded of basic safety tips, such as to never disclose financial or other official personal documentation with anyone. Regardless, we make no warranties, representations, guarantees, or other promises or covenants with regard to any User or their conduct.
You hereby acknowledge and agree that we are not responsible or liable in any way for your actions with others and that your actions and interactions are your sole and exclusive responsibility.
ARTICLE 11 - PURCHASES:
MajorityRules may permit the provision of purchases within the application. Any such purchases will be processed by the owner and operator of the application store located on your device, the Apple iTunes store. Purchases made within the application are as a result of the relationship between you and the Apple iTunes store and subject to their particular user agreement, which can be accessed below.
ARTICLE 12 - USER-GENERATED CONTENT:
MajorityRules may allow User-generated content, such as proposed or suggested questions for future games (“Suggested Questions”), names, photos, videos, other likenesses and any other content that Users may post, publish, display, or transmit (collectively, without including Suggested Questions, "User Contributions") on or through the MajorityRules application.
All User Contributions must specifically comply with the Acceptable Use provision in this Agreement and the terms of this Agreement as a whole.
Any User Contribution you post to the application will be considered non-confidential and non-proprietary and should otherwise be considered public. By providing any User Contribution on or to MajorityRules, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a transferable, royalty-free, non-exclusive, worldwide, perpetual, full-paid, sublicensable license to use, reproduce, modify, perform, manipulate, cut, display, broadcast, aggregate, transmit, distribute, make derivative works of and otherwise fully exploit and disclose to third parties any User Contributions you post, publish, upload or otherwise make available to MajorityRules through the MajorityRules application. Such license specifically includes the right to use the User Contributions in marketing or promotional materials for MajorityRules in any formats now known or hereinafter developed. The license provided herein shall not terminate upon the termination of your User account.
Regarding Suggested Questions: By submitting any Suggested Questions, you hereby acknowledge and agree that you will not be compensated or otherwise credited for your Suggested Questions. You hereby irrevocably assign, convey, and transfer all right, title, and interest in and to the Suggested Questions. We may use, reproduce, modify, distribute, manipulate, display, publish, broadcast or otherwise fully exploit the Suggested Questions at our sole and exclusive discretion and you retain no rights in the Suggested Questions you submit.
By providing any User Contributions, you also hereby grant each other User of MajorityRules a perpetual, non-exclusive license to access and use your User Contributions.
You further represent and warrant that:
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of MajorityRules.
ARTICLE 13 - ACCEPTABLE USE:
You agree not to use MajorityRules or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use MajorityRules or the Services in any way that could damage MajorityRules, the Services or general business of the Company.
You further agree not to use MajorityRules or the Services:
You acknowledge and agree that MajorityRules may terminate your account at any time if you violate any of the terms of this Agreement, at MajorityRules' sole and exclusive discretion. MajorityRules may also take further action such as notifying the appropriate authorities, removing any content that you may have posted, or placing a hold on any funds or payments due to you.
ARTICLE 14 - LOCATION-BASED SERVICES:
MajorityRules may offer features that are based on the location of certain Users, and which may indicate the location of those Users as they utilize the Services (the “Location-Based Services”). Users can freely participate in these Location-Based Services at their discretion, and can choose to not provide that information by turning off those features at will. If a User chooses to allow for Location-Based Services, they are consenting to the collection and distribution of information through the Services. MajorityRules is strictly not liable for any claims and/or damages arising from your decision to enable the Location-Based Services on your device.
ARTICLE 15 - EXPORT CONTROLS:
You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States.
ARTICLE 16 - SERVICE CHANGES:
At our sole and exclusive discretion, we may offer additional Services, or we may update, modify or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the MajorityRules application and Services immediately.
ARTICLE 17 - NO PROMOTIONS:
You may not offer any promotion, contest, sweepstakes, giveaway, or other similar activity (collectively “Promotion”) on or related to MajorityRules without obtaining our prior written consent. Such consent may be requested at email@example.com, however, allowance of such Promotion is not guaranteed. In the event that your Promotion is permitted, additional terms will be agreed to by you and us, and MajorityRules hereby reserves the right to cancel your Promotion at any time, in its sole and exclusive discretion.
ARTICLE 18 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
ARTICLE 19 - DATA LOSS:
Company does not accept responsibility for the security of your account
or content. You agree that your use of MajorityRules or Services is at
your own risk.
ARTICLE 20 - INDEMNIFICATION:
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees and expenses, which may arise from or relate to your use or misuse of MajorityRules or Services, your breach of this Agreement, your conduct or actions, your unlawful behavior, or the conduct or actions of any other MajorityRules User in relation to you, including other Users or third-parties which may be accessing and using your account. MajorityRules may, if we choose, participate in and control our own defense, including selection of legal counsel, (but we are not obligated to) and if so, you hereby agree to cooperate with us in any lawful manner required.
California residents which may access MajorityRules hereby waive California Civil Code Section 1542, the text of which is as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.
ARTICLE 21 - SPAM POLICY:
You are strictly prohibited from using MajorityRules or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
ARTICLE 22 - THIRD-PARTY LINKS & CONTENT:
The Company may occasionally post or allow links to third-party websites, mobile applications, or other services on the internet. By clicking these links, you will be directed out of MajorityRules. MajorityRules may also be connected to third-party websites, mobile applications, or other service providers through the application.
We are not responsible for any of the information or other materials on any third-party resources, and our posting or allowing access of any such links implies no endorsement or other commercial relationship.
You hereby acknowledge and agree that any third-party resources are not controlled by us, and that we are not responsible or liable for any loss or damage caused, either directly or indirectly, as a result of your use or access of any third-party resources linked to or from MajorityRules or any materials thereon.
ARTICLE 23 - MODIFICATION & VARIATION:
The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting on MajorityRules, and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to, or incorporated into, the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after MajorityRules has been fully closed and reopened to avoid accessing a prior version of this Agreement. You agree that your continued use of MajorityRules after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
ARTICLE 24 - ENTIRE AGREEMENT:
Agreement constitutes the entire understanding between the Parties with
respect to any and all use of MajorityRules. This Agreement supersedes
and replaces all prior or contemporaneous agreements or understandings,
written or oral, regarding the use of MajorityRules.
ARTICLE 25 - SERVICE INTERRUPTIONS:
The Company may need to interrupt your access to MajorityRules to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to MajorityRules may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Similarly, during your use of MajorityRules, you may occasionally receive a notice that your answer to a question is incorrect despite your answer being the correct one. MajorityRules is not liable or responsible for any damage, loss, or inhibition in game play this may cause.
Should a User’s participation or involvement in the use of MajorityRules or the Services be interrupted due to an unforeseen technical difficulty or because of a mistake, error, omission, or action of that User, any other User, or general technical difficulty of the MajorityRules application, we are not liable for any damage or loss.
ARTICLE 26 - TERM, TERMINATION & SUSPENSION:
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein or our Contest Rules majorityrulesapp.com/rules.html including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other User, and/or publishing or distributing illegal material. If your account is terminated by the Company, you will not be entitled to any refund of any monies spent on MajorityRules. You may also terminate your account at any time by sending an email to firstname.lastname@example.org
the termination of this Agreement, any provisions that would be
expected to survive termination by their nature shall remain in full
force and effect.
ARTICLE 27 - NO WARRANTIES:
agree that your use of MajorityRules and Services is at your sole and
exclusive risk and that any Services provided by us are on an "As Is"
basis. The Company hereby expressly disclaims any and all express or
implied warranties of any kind, including, but not limited to, the
implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. The Company makes no warranties that
MajorityRules or Services will meet your needs, that MajorityRules or
the Services will be uninterrupted, error-free, or secure, or that you
will ever win any prizes on MajorityRules. The Company also makes no
warranties as to the reliability or accuracy of any information on
MajorityRules or obtained through the Services. You agree that any
damage that may occur to you, your device, your computer system, or
generally as a result of a loss of your data from your use of
MajorityRules or Services, is your sole responsibility and that the
Company is not liable for any such damage or loss.
ARTICLE 28 - LIMITATION ON LIABILITY:
To the fullest extent permissible by law, the Company, including any employees, affiliates, service providers, contractors or agents, shall not be liable for any damages that may occur to you as a result of your use of MajorityRules or Services. This section applies to any and all claims by you, including, but not limited to; loss of data, loss of goodwill, lost profits or revenues, consequential, indirect, special exemplary or punitive damages, negligence, strict liability, fraud, or torts of any kind. Whether such claims are direct or indirect, and whether such claims are alleged to be from your use of MajorityRules, your interaction with another User, or your interaction with any third-party. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of $100 or the amount you paid to the Company in the prior 3 (three) months.
Some or all of the limitations provided in this subsection may not be applicable to you, depending upon your jurisdiction.
ARTICLE 29 - CLAIM LIMITATION:
ARTICLE 30 - TAXES:
You are solely and exclusively responsible for any taxes that may be applicable to any prizes won on MajorityRules. You acknowledge and agree that it is your responsibility to determine your tax liabilities and MajorityRules is not responsible for any tax issue related to your use of the MajorityRules application or Services.
ARTICLE 31 - DMCA POLICY:
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from MajorityRules infringe your copyright, you may request removal of those materials (or access to them) from MajorityRules by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
NowakowskiAric S. Jacover
Jacover Law PLLCLLC
990 Grove St., Suite 402
Evanston, Illinois 60201
Phone: (212) 920-4890312) 569 - 0434
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material, or activity on MajorityRules is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures: If you believe that material you posted on MajorityRules was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on MajorityRules which was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers: It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.
ARTICLE 32 - APPLE APPLICATION TERMS:
You may be accessing MajorityRules through an application of your Apple device which was provided by the Apple iTunes store. If so, please be advised as follows:
ARTICLE 33 - GENERAL PROVISIONS:
ARTICLE 34 - CONTACT:
For any questions, complaints, or claims, you may contact us as at email@example.com or at the following address: MajorityRules, 205 HudsonPeerStream Inc., 122 E. 42nd St., 26th th Floor, New York, New York 1001310168.