PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) CAREFULLY.   BY ACCESSING AND/OR USING THIS WEB SITE (THE “SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

These Terms of Use explain a contractual agreement between you (“you,” “your”) and Recognition Media, LLC, the owner and operator of webbyawards.com and webbyawardsathome.com (“we,” “us,” “our”), regarding your use of this Site, your access to the content available on the Site and our provision of certain services via the Site, including without limitation interactive services (the “Services”).

You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein and we have no obligation to notify you directly but will instead post any such updates and amendments to this web page.

1. CHANGE TO TERMS OF USE
   
   We reserve the right, at our discretion, to change, modify, add, or remove any portion or all of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Furthermore, when you access the Site, you specifically acknowledge your agreement with the most current version of these Terms of Use.  Your continued use of the Site after the posting of changes to these Terms of Use will mean you agree to those changes. Any amendment to these Terms of Use by you must be agreed to by us in writing.
   
2. ELIGIBILITY FOR USE

You must be at least eighteen (18) years of age to register for or participate in the Services; submit any User Submissions (as defined below) or personally-identifying information on or through the Services. If you are between the ages of 13 and 18, you may browse the Site with the consent of your parent(s) or guardian(s), so long as you do not submit any User Submissions. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

3. OWNERSHIP OF CONTENT
   
   The Site and the content accessible through the Site, and all intellectual property rights included in or associated with the Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Site and Content remains with us. Except as may occur when a web site is downloaded to your computer in the ordinary course of accessing such web site, material from the Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights (including any trademarks or service marks) related to such content belong to the respective third parties.  In all events, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content.

4. USER SUBMISSIONS

This Site may allow you to submit or post content and information, including without limitation ratings and reviews, messages, questions and answers, guides, comments, data, text, videos, photos, graphics or other materials (collectively, “User Submissions”) to or through the Site. When you provide User Submissions, you grant to us, our parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private. Accordingly, you should not provide User Submissions that you want protected from others.

When you submit a User Submission, you represent and warrant that (a) you are at least eighteen (18) years of age, (b) you own and control all of the rights to the User Submission that you post or you otherwise have the right to post such User Submission to the Site and to grant the rights granted herein; (c) the User Submission is accurate and not misleading; and (d) use and posting of the User Submission you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

5. ACCEPTABLE USE

You are solely responsible for your User Submissions. By using the Site and the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1. User Submission that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a service provider with whom you have not had direct experience or relationship as a client of such service provider;
2. User Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
3. User Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. User Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;
6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
9. User Submission that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.

We take no responsibility and assumes no liability for any User Submission posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site is at your own risk.  Enforcement of the User Submission or conduct rules set forth in these Terms of Use is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of the Services, we are not liable for any statements, representations, responses, comments or other User Submission provided by its users in any review, rating, forum, question, answer, guide or other interactive area. Although we have no obligation to screen, edit or monitor any of the User Submission posted in any interactive area, we reserve the right, and have absolute discretion, to remove, screen or edit any User Submission posted or stored on the Site at any time and for any reason without notice. Any use the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

6. DISCLAIMER OF WARRANTIES
   
   THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.  WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE USER SUBMISSION IN THIS SITE OR SERVICES. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY 
   
   We are a service provider; we are not responsible for any loss or injury whatsoever due to the use of this Site, the Content or other information published through this Site or provided via the Services. The Site may be unavailable due to maintenance or other reasons and we will have no liability for any such unavailability.  We will also not have any liability for any loss of data, degraded data, old or outdated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Site. The limitations of liability contained in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective shareholders, officers, directors, employees, attorneys and agents.
   
   IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.
   
   Some jurisdictions do not allow limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing limitations. As a result, these limitations may not apply to you if prohibited by law.

8. TERMINATION
   
   In the event that you violate any of the provisions of these Terms of Use, we may terminate your access to the Site or the Services immediately and without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.  

9. PROHIBITED ACTIVITIES
   
   You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.  You may not use the Site of the Services as a service bureau for third parties.  You agree not to use the Site or any material contained on the Site: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law, including intellectual property law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt any other websites, servers or networks connected to the Site.

10. LINKING AND THIRD-PARTY CONTENT
    
    The Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site.  Use of any third-party content contained on or accessed from the Site may be conditioned upon terms and conditions as provided by such third-party providers.

11. LAWS AND REGULATIONS
    
    You must comply with all applicable laws, statutes and regulations regarding: (i) use of the Site and receipt and use of the Services and (ii) release of information to and retrieval of information from the Site.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICES

We respect the intellectual property rights of others, and require that the people who use the Site and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the e-mail address listed below (see 17 U.S.C. Section 512(c)(3) for further detail):

1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DMCA Agent:

Name: Recognition Media

Address:         2000 Ashland Drive        

Phone Number:2126753555

E-Mail: tm@recogmedia.net

If you believe that any of your User Submissions, that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following counter-notification to the e-mail address listed below (see 17 U.S.C. Section 512(g) for further detail):

1. your physical or electronic signature;
2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

DMCA Agent:

Name: Recognition Media

Address: 2000 Ashland Drive        

Phone Number:2126753555

E-Mail: tm@recogmedia.net

13. INDEMNIFICATION
    
    You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) your use of the Site and receipt and use or misuse of the Site; (ii) your breach of any provision of these Terms of Use; (iii) any of your User Submissions; and/or (iv) our publication, distribution or use of any of your User Submissions, or the authorized publication, distribution or use of any such User Submissions by our affiliates or other authorized licensees pursuant to these Terms of Use.

14. ASSIGNMENT
    
    You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party.  Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

15. GOVERNING LAW, ARBITRATION AND JURISDICTION
    
    You recognize that although the Internet can be accessed from anywhere in the world, the Site is located in the State of New York, United States of America, and that when you access the Site, you are doing so in the State of New York, United States of America.  These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of New York without giving effect to any principles of conflict of law and the federal laws of the United States of America.  These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.  ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE SHALL BE FILED ONLY IN THE BOROUGH OF MANHATTAN, NEW YORK, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN THE BOROUGH OF MANHATTAN, NEW YORK.

16. PRIVACY POLICY
    
    By agreeing to these Terms of Use, you also agree to our Privacy Policy located at www. Webbyawards.com/privacy-policy which is incorporated herein by reference. The Privacy Policy is subject to change from time to time. Your acceptance of these Terms of Use and/or continued use of the Site constitutes your acceptance to any changes to the Privacy Policy.

17. MISCELLANEOUS
    
    Headings are for reference purposes only.  Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.  BY USING THE SITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE AT VARIOUS TIMES ON THE SITE OR AS OTHERWISE SET FORTH HEREIN, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

18. CONTACT
    
    If you have any problems, questions or complaints about these Terms of Use or any Site or Service issues, please contact us by email at tm@recogmedia.net