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IW2BF.com™ Terms of Use

By clicking that you accept these Terms and Conditions of Use of IW2BF.com, you agree to a legally binding Agreement ("Agreement") between you, the user, and SitBit, Inc. DBA IW2BF.com ("Company" "IW2BF," "we," or "us"). SitBit, Inc. owns and operates the IW2BF.com Website ("Site"), and other products and services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this Agreement. "User" includes all visitors to the Site, and those registered with the Site.

BY ACCESSING OUR SITE AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND THE PRIVACY POLICY INCORPORATED BY REFERENCE INTO THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITE, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH OUR SITE.

We reserve the right to change, modify, add, or remove portions of these Terms and Conditions ("Terms") at any time. You agree to check these Terms periodically for changes. The Terms can be found at the bottom of the Home Page of the Site. Your continued use of our Site following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.

Please be sure to read our Privacy Policy, and Community Guidelines, which outline our policies to respect the privacy and enjoyment of users. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States.

Usage in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

Registration. Our Site is open to the public. Our Site and Services are designed for those who are over the age of 18 or who have received permission to use our Site from their parents or legal guardians. In order to participate fully in our Site and Services, including registering as a Fan, Contestant or a Judge, you will need to register for an account membership ("Account"). We may ask for your name, nickname, gender, address, age, occupation, band name or talent group name (if applicable), and email address. Since our Services include both online and offline contest interactivity, we believe it's important that users who are under 18 inform their parents or legal guardians about our Site and Services, and receive permission to participate. If you are under the age of 18, but 13 and over, you will submit an email request to be sent to your parent or legal guardian who will then authorize your use of the Site and Services including entry into our Contests. Your parent will set up an Account on your behalf or enable you to set up your own Account. Please note that if a parent establishes your Account, this parent may have full access to all information.

If you are 13 and over, but under the age of 18, you agree that before you use our Site or Services, that you have received permission from your parent or legal guardian and are using this Site under the supervision of a parent or guardian, and if applicable, can legally enter into Contests as defined herein. You agree not to provide any false information on the Site or Services, or to create an account for anyone other than yourself, unless you are a parent or legal guardian creating an Account for your child.

Account. We currently do not charge a fee for our Site and Services. Once you register with our Site, you have full access to all of our Services, including the ability to vote, become a "contestant," "fan," or "judge" on our Site. You manage your information by clicking on "My Account" and "My Profile" at the top of the Site. Your Account is personal to you, which means that you are not authorized to transfer, loan, give or sell your Account membership. You agree to keep your contact, Account information and personal information through your "My Account" updated and accurate. It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify IW2BF.com immediately if there is any actual or suspected unauthorized use of your Account. If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent, which may or may not be granted, at our sole discretion. If you experience a problem accessing your Account or Account Settings, please contact us at support@IW2BF.com.

Security. We take great care in maintaining the security of your information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures, including a firewall, encrypted passwords, and detection software. Please refer to our Privacy Policy for additional information.

Limited License To Access and View Content. Upon registration and acceptance of our Terms, IW2BF grants you a limited license to make personal use of our Site and Services in accordance with this Agreement as outlined herein. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted. We enforce intellectual property laws, including copyrights and trademarks. This means you must own or have the licensed rights to publish, submit, post or transmit photos, music, videos, text, terms, comments, descriptive terms or trademarks ("Content") on or through our Site. A user's use of another's copyrights, trademarks and other intellectual property is against our policies. With respect to Content on this Site or transmitted through this Site, including but not limited to music and videos, you may not: (i) resell, redistribute, retransmit, republish, license, transfer, or copy any Content for any purpose; (ii) re-engineer, modify, or create any derivative work; (iii) remove or obscure any intellectual property notices; or (iv) hold yourself out as the owner or creator of the Content unless you are the owner or licensee of such Content. In addition, you shall follow our Community Guidelines.

Submissions to Site. Any information submitted to IW2BF ("Submissions") will be deemed NOT CONFIDENTIAL if posted in a public area, or if available for viewing by other users. This includes all information uploaded to your Profile for display. (Please refer to our Privacy Policy for additional information.) You decide how much information you want to share but please don't include your telephone number, street address, last name or any other Personal Information. By participating in our Site and Services, and in the event you upload, share, post, transmit or display any text, photos, videos, music or other Content, you warrant and represent that you own or otherwise control all of the legal rights to the Content, as described herein including without limitation, all the rights necessary for you to provide, share, post, upload, transmit, input or submit this Content. You should not reference any person by a real name, or provide any other Personal Information about any person or entity unless you have been given written permission. You should not upload photos or videos that include other people unless those people consent to the posting of the photo or video. If someone in your photo or video is under 16, you must receive permission from that person's parent or legal guardian. We do not guarantee that we will edit or delete Submissions. We do not actively monitor Content, and are not responsible for the Content or views expressed therein. Submissions express the views of the author of the Submission, not the views of IW2BF. Any user who feels that a user-posted submission is objectionable, is encouraged to contact us immediately by email at support@IW2BF.com or through the Red Flag Abuse button.

Unless otherwise specified, we do not claim ownership of your Content. However, by posting, uploading, inputting, providing or submitting your Content, also known as Submissions, you are granting us permission to use your Content in connection with the operation of our businesses. You grant IW2BF an unrestricted, irrevocable, perpetual, royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish via our Site or Services any information you send us for the purposes outlined within the context of the Submission or herein. You also grant us an irrevocable, perpetual royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish your Content and your name and likeness to promote and advertise our Site and Services for marketing, publicity, and promotional purposes, online and offline, with appropriate copyright notices given where applicable. Unless you are an approved advertiser, and limited to our Agreement, our Site is not intended, and shall not be used, to promote products or services not previously approved by us.

Contest Eligibility. What makes our Site unique is that we enable talent to participate in contests that begin online, progress through stages, ("Contest Levels"), and include offline contest performance. The winner of a Contest is based on the winner having received the greatest number of votes ("IW2BF Votes") for the best video performance for a specific Contest Level. (Click here for Voting Rules.) Winners are voted on by registered users, fans and judges based on the talent contestant entry Submissions made to our Site and through our Services. For more details see our Contest Rules and Process. When you enter a Contest you acknowledge that you: (i) are 18 years old or have received the express permission of your parent or legal guardian; (ii) are able to legally enter into this Contest; and (iii) agree to abide by our Contest Rules that outline additional specifications for the particular Contest. No aspect of a Contest is conditioned upon the purchase of a product or payment of any kind. Contests are open to legal residents of the 50 U.S. states and the District of Columbia, excluding U.S. territories, 18 and older as of the date of the opening of the Contest or have received express permission from a parent or legal guardian as outlined herein. Contests are void where prohibited or restricted by law. Employees, contractors, and their immediate families are not eligible to enter our Contests.

WE PREFER THAT YOU A CHOOSE A SONG FROM THE IW2BF APPROVED SONG LIST. YOU MAY ALSO SUBMIT ORIGINAL MUSIC AND LYRICS. IF YOU ARE PERFORMING ANY MUSIC OR LYRICS THAT ARE COPYRIGHTED AND YOU DO NOT OWN THE COPYRIGHTED MATERIAL OR HAVE A LICENSE TO USE THE COPYRIGHTED MATERIAL, IT IS YOUR RESPONSIBILITY TO RECEIVE THE APPROPRIATE LICENSE FROM THE AGENCY BEFORE SUBMITTING THIS TO OUR SITE AND SERVICES AND PAY ANY ROYALTIES. WE WILL NOT BE RESPONSIBLE FOR ANY LICENSING FEES OR PENALITIES RELATED TO YOUR SUBMISSIONS. These fees can be considerable, so please take this seriously.

Privacy, Data Collection, and Sharing. Please refer to our Privacy Policy and to the Submissions section for additional information regarding the use of your information submitted to us through promotions and Contest entries. In the event we participate in promotions and Contests using a third party's site, such as Twitter, you should refer to the third party's Terms of Use and Privacy Policy for information about their use of the information you submit through their services for the purposes of our promotion or Contest.

Contests and Cash Prizes. Our contestant winners receive Cash Prizes as outlined on our Site, Contest Rules, and herein. Prizes are not transferable. Should you win a Contest, you agree to provide a valid mailing address or email address. This information is confidential, used for administrative purposes, and is not shared with users. Winners agree to allow their video, name, and likeness to be publicized on our Site, through our Services, and on other sites and marketing or promotional services online and offline.

All federal, state and local taxes and any other costs and expenses associated with the Cash Prize are solely the Contest winner's responsibility. Winners of Prizes valued at $600 or more will be issued IRS 1099 forms for the value of their Prizes.

Contest Disclaimer. We provide a venue for contestants to highlight their talent through videos and video contest entries. While we strive to ensure a high quality community for our users through polices and guidelines, we do not guarantee the accuracy, integrity or quality of Content uploaded by our users. We do not edit user-generated and submitted videos or Submissions. If you notice a problem with a video, you can notify us by clicking on the red flag abuse button, or by sending us an email at support@IW2BF.com. We reserve the right to remove any video and Content at our sole discretion, and for any reason. In the event a video has been removed for any reason, this may be indicated by a "Content Removed"notice.

In addition to the Terms outlined herein, and the Contest Rules, IW2BF assumes no responsibility for incorrect or inaccurate Talent Contest Submissions whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error that may occur in the processing of the Contest Submission. IW2BF is not responsible for any typographical or other error in the Contest, administration of the Contest, or in the announcement of the Cash Prize. If, for any reason, the Contest is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of IW2BF which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, we reserve the right in our sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, the Cash Prize will be awarded to the Contest Submission that has received the greatest number of votes up until and or after (if applicable) the time of modification, cancellation or termination, or in a manner that is fair and equitable as determined by IW2BF or by additional Contest Rules. IW2BF reserves the right not to award Cash Prizes if it determines, in its sole discretion, that there were an insufficient number of Contest Submissions.

IW2BF shall have no responsibility or obligation to Contest winners or potential winners who are unable or unavailable to accept or utilize the Cash Prizes or who have provided the incorrect contact information. We will attempt to contact winners for a period of 3 weeks and at the end of this time, if we are unable to contact the winner, we reserve the right not to award the Cash Prize to the winner and instead, choose another winner based upon the Contest Rules for determining that winner, and award the Cash Prize to that subsequent winner. All Prizes are awarded "as is" with no guarantee either express or implied. All prize awards are subject to verification of eligibility and compliance with the Contest Rules and these Terms. IW2BF reserves the right not to award Cash Prizes if it determines, in its sole discretion, that there were an insufficient number of Contest Submissions. All interpretations of these Contest Rules and decisions by IW2BF are final.

Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You shall not post, submit, or transmit any material that (i) is not appropriate for children, with that determination solely made by IW2BF; (ii) violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights, the right of privacy, or publicity; (iii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iv) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (v) contains or implies false, inaccurate or misleading information, or likely or factually result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services or other sites and services. You further agree that you will not use the Site or Services to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by us. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability. If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent.

Abuse, Red Flag. Since our goal is to create an entertaining and safe community, we encourage users to report cases of abuse, which include but are not limited to, activities and conduct by users prohibited or restricted by our Terms, and Community Guidelines. We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior. IW2BF has the sole discretion to terminate an Account for any reason.

Surveys, Promotions, and Contests. IW2BF regularly offers a talent contest. Please refer to the terms for each Contest, which can be found on the Contest page, and herein. We may offer surveys and promotions from time to time. Please refer to the Terms for each individual survey, and promotion. No aspect of a promotion or contest is conditioned upon the purchase of a product or payment of any kind. Contests are open to legal residents of the 50 states within the U.S. and the District of Columbia, excluding U.S. territories, who are 18 and older (or have received written permission from a parent or legal guardian as the account holder) as of the date of the opening of the promotion or contest. Contests are void where prohibited or restricted by law. Employees, contractors, and their immediate families are not eligible to enter our contests.

Retired Content. If your Account is inactive for a three-month period, as determined by us, we may retire your Account and archive it or delete it, at our sole discretion. We may continue to use your Submission and Content, including your Profile, in the manner defined herein, on our Site and in our Services, unless we receive a request to take down your Submissions via your email address on record. You may re-activate your Account, according to our Terms, by emailing us.

Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent at copyright@IW2BF.com or at the address below under Notice.

To be effective, the notification must include the following:

i. An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
ii. A description of the copyrighted work claimed to have been infringed;
iii. A description of the location of the infringing material and information reasonably sufficient to permit us to locate the material;
iv. Your contact information, including your address, telephone number, and email address;
v. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner. (This means that you are the owner, or you have written authorization from the copyright owner.)

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing content and we may choose to publish Claimant information in place of disabled Content or Submissions. If you believe that someone has copied your work, either in part or whole, please follow our procedures. Click here if you would like to file a Counter Notice.

Counter Notice Under the DMCA. When we receive a notification of alleged copyright infringement, we remove the Submission or Content that is the subject of the notification. If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. You must send the Counter Notice to our designated agent for receiving notices of infringement to our DMCA Agent at copyright@IW2BF.com or at the address below under Notice.

A counter-notification must include the following specific elements:

1. Identification of the specific URLs of material that our Site has removed or to which our Site has disabled access.
2. Your full name, address, telephone number, and email address, and the username of your Account.
3. The statement: "I consent to the jurisdiction of the Federal District Court in which the address is located, or if the user's address is outside of the United States, for any judicial district in which Company is located, and will accept service of process from the claimant."
4. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. Signature. A scanned physical signature or a valid electronic signature will be accepted.
6. Submission. We can only accept a counter-notification directly from the user from whose account Content has been disabled. For verification, we require that Counter Notice be submitted from the email address associated with the account.

Process: What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Repeat Infringers. We have a policy of terminating the Accounts of repeat infringers. A repeat infringer includes any user who has made three or more Submissions for which we receive a notice of infringement per the DMCA Copyright Guidelines outlined above.

Intellectual Property and Copyright Notice. Our Site is controlled and operated by IW2BF. Our software, applications, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, photos, video files, logos, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site and Service's Intellectual Property may not be used without the express written permission of IW2BF and you shall not (i) remove or obscure any intellectual property notices; (ii) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Content or Intellectual Property for any purpose (iii) re-engineer, modify, or create any derivative work of any Content or Intellectual Property; (iv) hold yourself out as the owner or creator of any Intellectual Property or Content on the Site and Services unless you are the owner or licensee of such (including but not limited to text, music, videos, and photos). You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site, Services, or users, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the intellectual property, including copyrights, on our Site, please email us at copyright@IW2BF.com. IW2BF reserves all rights other than those expressly granted herein.

Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Site and Services to you if, within our sole and independent judgement: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.

Linking To Site. Links in the Site may allow you to leave the Site. Linked sites are not under our control and we are not responsible for the content or material available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. The inclusion of a link on the Site does not imply a recommendation or endorsement by company of the linked website. Please refer to the terms of use and privacy policy for each site visited.

Mobile Access. Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.

DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION/CONTENT OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITBIT, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. SITBIT, INC. DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT IW2BF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, SITBIT, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY IW2BF, THIRD PARTIES, ADVERTISERS, OR AFFILIATES ON THE SITE. AS A SERVICE TO YOU, IW2BF DOES PROVIDE ACCESS TO THIRD PARTIES AND ADVERTISERS AND ASKS THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICY. YOU AGREE THAT NEITHER SITBIT, INC., OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, NOR ADVERTISERS ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION, CONTENT OR OPINIONS PROVIDED ON AND THROUGH THE SITE AND SERVICES, INCLUDING OFFLINE SERVICES INVOLVING CONTESTS AND CONTEST PROMOTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING THE SUBMISSIONS AND YOUR OFFLINE ACTIVITY WHEN PARTICIPATING IN CONTESTS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SITBIT INC., OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, AND ADVERTISERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY IW2BF. THE ENTIRE LIABILITY OF IW2BF, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, THIRD PARTY PROVIDERS, AFFILIATES AND ADVERTISERS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SitBit Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with IW2BF in the defense of any such claim, action, settlement or compromise negotiations, as requested by IW2BF.

GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR INVOLVES SUBMISSIONS (OR ANY OFFLINE ACTIVITY SUCH AS A CONTEST OR EVENT HIGHLIGHTED ON IW2BF), YOU RELEASE COMPANY, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND ADVERTISERS FROM CLAIMS. WE PROVIDE A COMMUNITY SETTING FOR TALENT CONTESTS WITH AN ONLINE AND OFFLINE COMPONENT AND ARE NOT RESPONSIBLE FOR ANY ACTIVITY OR BEHAVIOR OF ANY PARTY. IT IS THE USER'S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SITE AND SERVICES. YOU, NOT IW2BF, BEAR FULL AND SOLE RESPONSIBILITY FOR YOUR ACTIVITY ONLINE AND OFFLINE.

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of New Jersey, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in the U.S. District Court of the District of New Jersey. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Minors. Our Site is directed at those who are 18 or older. However, you may use our Site if you are between 13 and 17 years of age, but only with the permission and under the supervision of a parent or legal guardian. No one under age 13 should access our Site. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13. If a user is under the age of 18, you must have received the express consent of your parent or legal guardian to register for an Account and participate in our Contests.

Entire Agreement. These Terms of Use, incorporating by reference the Privacy Policy, Guidelines, and Supplemental Terms of Use constitutes the entire Agreement between you and Company. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of Company. Any provision which must survive in order to allow Company to enforce its meaning shall survive the termination of this Agreement.

Assignment and Succession. Notwithstanding any other provision of these Terms, Company, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Termination. You may cancel your registration/membership at any time by emailing us at support@IW2BF.com. Within a reasonable period of time from your cancellation, all of the information and Submissions you submitted to our Site will be frozen, but may remain available for viewing. We will retain your Personal Information for the purposes outlined herein and within our Privacy Policy, and such information may remain in our archives, particularly if required to be stored for legal purposes. Upon cancellation or termination, the Terms will remain in effect and legally binding, without limitation. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

Notice. Unless otherwise indicated, please direct notices to SitBit, Inc, 30 West Main St., Suite 112, Freehold, NJ 07728, support@IW2BF.com. Legal notices to users shall be directed to the account email address on file. Please be sure to keep your email address updated.

No Commercial Use. You understand and agree that unless you are a pre-approved commercial user or advertiser, you are not to use the Site or Services for commercial purposes of any sort, without previous written approval by us. If you are the owner of a good or service and would like to highlight your good or service, or if you have questions about advertising on our Site, please email us at advertising@IW2BF.com.

Compliance With ADA. It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our services and products.

These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. However, in the event of a substantial change, we will notify you by email. It is your responsibility to review these Terms and the Privacy Policy, both of which are available at www. IW2BF.com.

Copyright 2012 SitBit, Inc., and IW2BF.com™ All Rights Reserved.

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