Last Updated: June 24, 2018 The Academy of Social Media Arts and Sciences LLC (hereforth referred to as ASMAS) is pleased to provide to you its sites, software, applications, content, products and services (“ASMAS Services”), which may be branded: ASMAS, Snazzys, The Snazzy Awards, or another brand owned or licensed by ASMAS, LLC. These terms govern your use and our provision of the ASMAS Services on which these terms are posted, as well as ASMAS Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the ASMAS Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ASMAS SERVICES. ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1.Contract between You and Us
This is a contract between you and ASMAS, LLC, a Virginia corporation located at 4300 Granada Street, Alexandria, VA 22309, USA, or between you and any different service provider identified for a particular ASMAS Service. You must read and agree to these terms before using the ASMAS Services. If you do not agree, you may not use the ASMAS Services. These terms describe the limited basis on which the ASMAS Services are available and supersede prior agreements or arrangements. Supplemental terms and conditions may apply to some ASMAS Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the ASMAS Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms. We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the ASMAS Services. If you do not agree to any change to these terms, you must discontinue using the ASMAS Services. No one, outside of the ASMAS Executive Board, is authorized to modify any provision of these terms, either verbally or in writing. We may immediately terminate this contract with respect to you (including your access to the ASMAS Services) if you fail to comply with any provision of these terms.
2.The ASMAS Services
The ASMAS Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation of the ASMAS Services across wide geographic areas, aspects of certain activities may be simulated to avoid delays. The ASMAS Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the ASMAS Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the ASMAS Services may be used or exploited in any way other than as part of the ASMAS Services offered to you. You may own the physical media on which elements of the ASMAS Services are delivered to you, but we retain full and complete ownership of the ASMAS Services. We do not transfer title to any portion of the ASMAS Services to you.
Content and Software License
If an ASMAS Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only. You may not circumvent or disable any content protection system or digital rights management technology used with any ASMAS Service; decompile, reverse engineer, disassemble or otherwise reduce any ASMAS Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any ASMAS Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any ASMAS Service in violation of United States export control and economic sanctions requirements. By acquiring services, content, or software through the ASMAS Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE ASMAS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the ASMAS Services
The ASMAS Services are constantly evolving and will change over time. If we make a material change to the ASMAS Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the ASMAS Services
We do not allow uses of the ASMAS Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any ASMAS Service or connected network, or interfere with any person or entity’s use or enjoyment of any ASMAS Service. You agree not to cheat or otherwise modify a ASMAS Service or experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the ASMAS Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
When you access the ASMAS Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain ASMAS Services may be prohibited or restricted by your network provider and not all ASMAS Services may work with your network provider or device.
User Generated Content
The ASMAS Services may allow the public to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
ASMAS does not claim ownership to ANY User Generated Content; however, you, or the content owner, grants us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the ASMAS Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a ASMAS Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Submissions & Appearance Release
Any and all content submitted by nominator, a nominee, or any other participant in the Snazzy Awards is referred to in these Terms of Service as "User Generated Content." Each participant shall be solely responsible for his or her own User Generated Content and the consequences of submitting such. By submitting content, the participant represents and warrants that he or she owns or has the necessary licenses, rights, consents, and permissions to his or her submissions (and all content included therein), including the right to authorize Snazzy Awards to use the submission in the manner contemplated in the User Generate Content section of these terms. Finally, by submitting, the participant represents and warrants that the submission is not done in violation of any state, federal, or international law or regulation, including, but not limited to, laws regulating personal data protection.
In addition, any person who attends the Snazzy Awards ceremony or any other event associated with the Snazzy Awards hereby grants us the irrevocable, worldwide, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, distribute, prepare derivative works of, display and perform any audio recordings, photographs, video or other images in which such person may be included that are taken at such event, whether accurate or distorted in character or form, without restrictions to changes or transformations, in conjunction with such person’s own name or a fictitious name at our discretion, or no name at all.
Competitions that you enter on an ASMAS Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are unlimited, however the use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified. We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
To enter material for the Snazzy Awards competition, you must have an active email account with current contact information. No purchase is necessary to enter the competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Submissions and Unsolicited Ideas Policies
Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Angela A. Halidou
PO Box 1073, New York, NY 10027
Phone: +1 240-460-9422
We are only able to accept notices in the languages into which these terms are made available by us. We will respond expeditiously to claims of copyright infringement committed using the ASMAS Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to ASMAS Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Binding Arbitration and Class Action Waiver
You and ASMAS LLC agree to arbitrate all disputes between you and ASMAS LLC or its affiliates, except disputes relating to the enforcement of ASMAS LLC or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the ASMAS Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and ASMAS LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or ASMAS LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to ASMAS LLC, PO Box 1073, New York, NY 10027, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and ASMAS LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and ASMAS LLC do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $500, whichever is greater. You will be responsible for, if any, the amount of attorneys’ fees, and any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the Washington, District of Columbia, United States of America, and you and ASMAS LLC agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor ASMAS LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the ASMAS Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Washington, District of Columbia, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of Virginia, and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.