Competitions Terms of Conditions

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Competition Terms and Conditions

Section 1.

THESE TERMS OF SERVICE ARE A LEGALLY BINDING AGREEMENT BETWEEN DIGITAL CHOCOLATE INC. ("DIGITAL CHOCOLATE", "US", "OUR", OR "WE") AND YOU ("YOU") REGARDING YOUR PARTICIPATION IN COMPETITIONS (REPRESENTING, AND NOT LIMITED TO, "COMMUNITY EVENTS", "SWEEP STAKES", "COMMUNITY REWARDS" AND ANY OTHER EVENT OWNED, CONTROLLED OR LICENSED BY DIGITAL CHOCOLATE THAT ARE AVAILABLE AT HTTP://FORUMS.DIGITALCHOCOLATE.COM OR SOCIAL NETWORKING SITE 'FAN PAGES' THAT ARE OWNED, CONTROLLED OR LICENSED BY DIGITAL CHOCOLATE AND THE RELATED SERVICES (COLLECTIVELY, THE "SERVICE").

HTTP://FORUMS.DIGITALCHOCOLATE.COM IS REFERRED TO HEREIN AS THE "SITE".

YOU MUST READS THESE TERMS OF SERVICE, CAREFULLY, AND UNRESERVEDLY AGREE TO THEM BEFORE USING ANY PART OF THE SERVICE. BY USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY AND A REQUIREMENT THAT YOU MEET SPECIFIED AGE REQUIREMENTS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICE.

DIGITAL CHOCOLATE MAKES THE SERVICE AVAILABLE TO YOU SUBJECT TO THESE TERMS OF SERVICE. THESE TERMS OF SERVICE INCLUDE DIGITAL CHOCOLATE'S PRIVACY POLICY ("Privacy Policy"), WHICH IS LOCATED AT http://www.digitalchocolate.com/privacy-security/

DIGITAL CHOCOLATE RESERVES THE RIGHT TO MODIFY BOTH THESE TERMS OF SERVICE AND THE PRIVACY POLICY AT ANY GIVEN TIME FOR ANY GIVEN REASON AT IT'S SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE MODIFICATION OF EITHER THE TERMS OF SERVICE OR THE PRIVACY POLICY CONSTITUTES YOUR ACCEPTED OF SUCH CHANGES OR MODIFICATIONS. IF YOU AT ANY POINT DO NOT AGREE TO ANY PORTION OF THE TERMS OF SERVICE YOU AGREE TO IMMEDIATELY TERMINATE USE OF THE SERVICE WITH LIABILITY TO DIGITAL CHOCOLATE.

Before accessing or using the Service you must agree to these Terms of Service. You may have to open an account for the Service ("Account"), or have an account on the applicable social networking site through which you connect to the Service. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes.

You acknowledge the Service is not intended for use by, or to collect personally identifiable information from, children under 13 years of age. If You use the Service, You hereby represent, warrant and covenant that You are at least 13 years of age. Furthermore, if You are between the ages of 13 and 17, or are otherwise considered a minor in Your jurisdiction, You represent and warrant that Your legal guardian has reviewed and agreed to these Terms of Service and that you are able to participate in the respective competition.

IF YOU ARE BETWEEN THE AGES OF 13 AND 17, OR OTHERWISE CONSIDERED A MINOR IN YOUR JURISDICTION, AND YOUR LEGAL GUARDIAN HAS NOT REVIEWED AND AGREE TO THE TERMS OF CONDITIONS, AND HAS NOT GIVEN PERMISSION FOR YOU TO PARTICIPATE IN THE RESPECTIVE COMPETITION, OR YOU ARE BELOW THE AGE OF 13, YOUR RIGHTS TO PARTICIPATE IN THE COMPETITION ARE TERMINATED, AND YOU AGREE TO NOT USE THE SERVICE.

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Section 2.

SUBJECT TO YOUR ACCEPTANCE THESE TERMS OF SERVICE, YOU ARE GRANTED A NONEXCLUSIVE, REVOCABLE, LIMITED, NON-TRANSFERABLE AND NON-SUBLICENSABLE LICENSE TO USE THE SERVICE SOLELY FOR PERSONAL, NON-COMMERCIAL ENTERTAINMENT PURPOSES (“LICENSE”).

YOU ACKNOWLEDGE AND AGREE THAT YOUR LICENSE DOES NOT INCLUDE:
(A) ANY RESALE OR COMMERCIAL USE OF THE SERVICE.
(B) THE DISTRIBUTION, PUBLIC PERFORMANCE OR PUBLIC DISPLAY OF THE SERVICE.
(C) MODIFICATION, REVISION, CREATION OF DERIVATIVE WORKS FROM OR OTHERWISE MAKING ANY DERIVATIVE USES OF THE SERVICE OR ANY INFORMATION OR CONTENT THEREIN.
(D) DECOMPILATION, REVERSE ENGINEERING OR OTHERWISE ATTEMPTING TO DERIVE THE SOURCE CODE FOR THE SERVICE (EXCEPT TO THE EXTENT APPLICABLE LAWS SPECIFICALLY PROHIBIT RESTRICTION OF SUCH ACTIVITIES).
(E) ANY USE OF THE SERVICE OTHER THAN FOR ITS INTENDED PURPOSE AS EXPRESSLY STATED IN THESE TERMS OF SERVICE.

UNLESS EXPLICITLY STATED HEREIN, NOTHING IN THESE TERMS OF SERVICE SHALL BE CONSTRUED AS CONFERRING ANY LICENSE TO INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, WHETHER BY ESTOPPEL, IMPLICATION OR OTHERWISE.

YOUR USE OF AND ACCESS TO THE SERVICE IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS, AND YOU AGREE NOT TO VIOLATE SUCH LAWS AND REGULATIONS IN YOUR USE OF AND ACCESS TO THE SERVICE. IN ADDITION, YOU AGREE THAT:
(A) YOU WILL NOT INTERFERE WITH ANOTHER USER’S USE AND ENJOYMENT OF THE SERVICE.
(B) YOU WILL NOT INTERFERE WITH OR DISRUPT THE SITE’S SECURITY MEASURES.
(C) YOU WILL NOT INTERFERE WITH OR DISRUPT NETWORKS CONNECTED TO THE SITE AND WILL COMPLY WITH ALL REGULATIONS, POLICIES AND PROCEDURES OF SUCH NETWORKS.
(D) YOU WILL COMPLY WITH UNITED STATES AND OTHER APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES WITH RESPECT TO OR RELATING TO ANY OF YOUR DEALINGS WITH THE SERVICE.

YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DIGITAL CHOCOLATE, AS WELL AS ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, SHAREHOLDERS, EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY LOSS, LIABILITY, DAMAGES AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) RESULTING FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE , ANY USER CONTENT (DEFINED BELOW), YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

ANY USE OF THE SERVICE OTHER THAN AS SPECIFICALLY AUTHORIZED HEREIN, WITHOUT THE PRIOR WRITTEN PERMISSION OF DIGITAL CHOCOLATE, IS STRICTLY PROHIBITED AND WILL TERMINATE THE LICENSE GRANTED HEREIN, AND MAY SUBJECT YOU TO LIABILITY FOR VIOLATIONS OF LAW.

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Section 3.

You have the right to cancel Your Account or stop using the Service or any part of thereof at any time. If you do not agree to these Terms of Service, Your sole remedy is not to use the Service, and to cancel Your Account. You understand that agree that the cancellation of Your Account is Your sole and exclusive remedy with respect to any dispute with Digital Chocolate.

Digital Chocolate reserves the right to stop offering and/or supporting the Service or any part thereof at any time either permanently or temporarily. In such event Your License to use the Service or a part thereof will be automatically terminated or suspended.

Digital Chocolate may also terminate Your access to Services and terminate Your Account with or without notice to You, if Digital Chocolate (in its sole discretion) deems that You have violated these Terms of Service or have otherwise caused or may cause damage to any third party.

YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOUR ACCOUNT IS TERMINATED, YOU WILL NO LONGER HAVE THE RIGHT TO PARTICIPATE IN ANY DIGITAL CHOCOLATE COMPETITION AND WILL FORFEIT ANY BENEFITS AND/ OR REWARDS AT THE SOLE DISCRETION OF DIGITAL CHOCOLATE, INCLUDING WITHOUT LIMITATION ANY EARNED VIRTUAL REWARDS (DEFINED IN SECTION 4), AND DIGITAL CHOCOLATE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.

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Section 4.

COMPETITIONS MAY REWARD YOU WITH, AND NOT LIMITED TO, VIRTUAL ITEMS OR 'CURRENCY'. YOU ACKNOWLEDGE THAT YOU DO NOT 'OWN' THE VIRTUAL REWARDS, RATHER YOU HAVE A LIMITED LICENSE OF ACCESS, SUBJECT TO THESE TERMS OF CONDITIONS. NO VIRTUAL REWARD, OR ANY PART HEREOF, HAS ANY REAL WORLD VALUE.

BY PARTICIPATING IN ANY DIGITAL CHOCOLATE COMPETITION YOU AGREE TO, AND DO NOT OBJECT TO, THE FOLLOWING RULES:
A) DIGITAL CHOCOLATE IS THE SOLE JUDGE AND DECIDER AS TO WHO RECEIVES THE REWARDS FOR PARTICIPATING IN ANY DIGITAL CHOCOLATE COMPETITION.
B) DIGITAL CHOCOLATE RESERVES THE RIGHT TO CHANGE/ MODIFY THE REWARD FOR PARTICIPATING IN ANY OF THEIR COMPETITIONS AT ANY GIVEN TIME FOR ANY GIVEN REASON.
C) DIGITAL CHOCOLATE RESERVES THE RIGHT TO CANCEL ANY COMPETITION AT ANY GIVEN TIME FOR ANY GIVEN REASON.
D) DIGITAL CHOCOLATE RESERVES THE RIGHT TO CHANGE THE WINNER OF ANY COMPETITION AT ANY GIVEN TIME FOR ANY GIVEN REASON.
E) DIGITAL CHOCOLATE RESERVES THE RIGHT TO RETRACT/ REMOVE THE REWARD FOR PARTICIPATING IN ANY OF THEIR COMPETITIONS AT ANY GIVEN TIME FOR ANY GIVEN REASON.
F) DIGITAL CHOCOLATE RESERVES THE RIGHT TO REQUEST INFORMATION OR DATA FROM ANY ENTRANT AND/OR WINNER WHICH MAY BE USED FOR MARKETING AND/OR ADVERTISING PURPOSES.
G) YOUR 'REWARD' IS NON-EXCLUSIVE, AND A SIMILAR, OR SAME, REWARD MAY BE USED FOR ANOTHER COMPETITION.
H) SHOULD THE ORIGINAL REWARD ADVERTISED BECOME UNAVAILABLE AT ANY GIVEN TIME FOR ANY GIVEN REASON, DIGITAL CHOCOLATE RESERVES THE RIGHT TO SUPPLY ANOTHER REWARD IN ANY FORM, BE IT DIGITAL OR PHYSICAL, FOR EQUAL TO OR GREATER VALUE.
I) ANY WORK THAT YOU SUBMIT INTO ANY COMPETITION MAY BE USED BY DIGITAL CHOCOLATE IN ANY OF IT'S SERVICES, AND NOT LIMITED TO, THE MODIFICATION AND INFLUENCES OF IT INTO A VIRTUAL OR PHYSICAL ITEM WHICH DIGITAL CHOCOLATE MAY SELL FOR VIRTUAL (INCLUDING VIRTUAL CURRENCY PURCHASED WITH REAL-WORLD CURRENCY) OR REAL-WORLD CURRENCY. YOU AGREE NO OWNERSHIP OVER THIS WORK IF DIGITAL CHOCOLATE DECIDES IN IT'S SOLE DISCRETION TO USE IT FOR SUCH PURPOSES AT OUTLINED IN THESE RULES, AND FORFEIT ALL RIGHTS OF THIS WORK. BY SUBMITTING ANY PIECE WORK YOU AGREE UNRESERVEDLY TO THESE RULES.
J) ANY WORK THAT YOU SUBMIT INTO ANY COMPETITION MUST BE YOUR OWN WORK UNLESS OTHERWISE STATED.
K) YOU HAVE THE RIGHT TO SUBMIT UNLIMITED AMOUNTS OF ENTRANCES AND WORK INTO ANY COMPETITION, UNLESS OTHERWISE STATED SO IN ANY DIGITAL CHOCOLATE SERVICE.
L) ANY WORK YOU SUBMIT MUST BE IN THE FILE FORMATS OF .JPEG, .JPG, .PNG, .TIFF, .GIF, AND BELOW THE FILE SIZE OF 3MB, AND MUST BE SUBMITTED IN THE CORRECT FORUM OR THREAD WHICH CONTAINS THE COMPETITION DETAILS. FAILURE TO ADHEAD TO THESE RESTRICTIONS WILL MAKE YOUR ENTRANCE VOID.
M) DIGITAL CHOCOLATE HOLDS NO LIABILITY FOR ANY ENTRANCE OR WORK THAT BECOMES UNAVAILABLE/DAMAGED/LOST/STOLEN/MISPLACED OR ANYTHING OF THE SORT. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THE SAFETY AND INTEGRITY OF YOUR WORK AND/OR ENTRANCE, INCLUDING THE TRANSFERAL AND/OR UPLOADING OF YOUR WORK ONTO ANY DIGITAL SERVICE, REGARDLESS OF WHETHER IT IS OWNED BY, OR SPONSORED BY DIGITAL CHOCOLATE.
N) DIGITAL CHOCOLATE RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANCE INTO ANY COMPETITION AT ANY TIME FOR ANY REASON.
O) AFTER THE COMPETITION HAS CLOSED, AND DIGITAL CHOCOLATE HAS REACHED A DECISION OF WHO IS/ARE THE WINNER(S), SHOULD YOU BE A WINNER OF A REWARD, DIGITAL CHOCOLATE WILL TRY TO MAKE EVERY EFFORT TO CONTACT YOU. IF, AFTER 48 HOURS, YOU HAVE NOT REPLIED WITH THE NECESSARY DETAILS FOR DELIVERY OF YOUR REWARD (BE IT VIRTUAL OR PHYSICAL), DIGITAL CHOCOLATE RESERVES THE RIGHT TO DISQUALIFY YOU AS A WINNER, AND CHOSE THE NEXT WINNER-IN-LINE FOR THE REWARD.
P) YOU AGREE THAT YOU WILL NOT USE YOUR REWARD FOR COMMERCIAL, RE-SALE OR OTHER PURPOSES OTHER THAN INTENDED.

IF YOU DO NOT AGREE TO ANY OF THE ABOVE RULES, YOU MUST HEREBY TERMINATE ALL ACCESS TO THE SERVICE, AND AGREE TO NOT USE THE SERVICE IN ANY WAY, SHAPE OR FORM.