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Terms of Use

Welcome to www.Propeller.la (the "Site") which is owned and operated by Propeller Enterprises, ("Propeller," "we," or "us").  These terms of use ("Terms") form a binding agreement between you and Propeller, and govern your use of the Site.  

These Terms set forth the legally binding terms for your use of the Site.  By accessing, downloading, or using the Site, you are accepting these Terms and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.  you may not access or use the Site or accept these Terms if you are not at least 18 years old.  If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site.

HOW PROPELLER WORKS

Propeller provides a technology platform ("Platform") through which users ("Users") participate in certain activities and earn points ("Points") that can be redeemed for certain rewards, including additional sweepstakes entries ("Rewards").  Activities are typically tied to certain fundraising campaigns or social enterprise missions for participating charities, not-for-profits, and other tax-exempt entities (each a "Cause"). In order to sustain operations of the Platform, Propeller typically retains a small fee from any revenue earned by a Cause that uses the Platform (the "Fee") Propeller never charges a Fee of more than 20% of revenues received via the Platform and Propeller may choose to reduce or forego this Fee at any time in its sole discretion.  In addition, Propeller uses secure third party payment processors that also deduct their transaction costs. The applicable Cause receives no less than 80% of the proceeds. Use of the Platform is governed by these Terms in addition to the Propeller Master Platform Agreement  ("Master Agreement"). All references to the Site in these Terms applies to your use of the Site itself and also to any use of the Platform if you create an Account and use the functionality provided via the Site. 

REGISTRATION

To use certain features of the Site, you will need to create an account ("Account").  You may do so by either connecting to your existing Facebook account or by creating an Account at the Site by providing Personal Information, which is defined in and governed by our privacy policy, available at http://www.Propeller.la/privacy.  You agree to provide accurate Personal Information and to update the Personal Information as necessary to keep it accurate. You will not allow others to use your Account. You agree to notify Propeller immediately of any unauthorized use of your Account.

OWNERSHIP

Unless otherwise noted, all text, content and documents available via the Site, including, any videos, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Sites, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the "Content") are owned by Propeller or used with permission or under license from a third party (each an "Owner"), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Propeller and you, all right, title and interest in and to the Content will at all times remain with Propeller and/or the Owners.  All brand names, product names, titles, slogans, logos, or service names and other marks used on the Site, are registered and/or common law trade names, trademarks or service marks of Propeller or the applicable Owner

SWEEPSTAKES

From time to time, Propeller may offer certain sweepstakes and Sweepstakes on the Site ("Sweepstakes").  All Sweepstakes are subject to the Official Rules published at the Site, as such may be amended or changed from time to time (the "Rules").  You may always enter any Promotion for free by following the rules for free entry described in the Official Rules.  In addition, you may also submit additional bonus entries using Points. These entries are in addition to any Points you may earn and you will never be required to redeem points or provide any other consideration as the sole means of entering a Promotion  

CONTENT FROM YOU

In the course of using the Site you may post, receive or transmit certain text, images, data, comments, videos, ("User Content"). You hereby grant to Propeller the nonexclusive, fully paid, perpetual, irrevocable, royalty-free, transferable, assignable, sublicensable, worldwide license to perform, display, modify, translate, distribute, reproduce, transcribe and provide access to such User Content as necessary to operate the Site, subject always to the provisions of Propeller’s Privacy Policy. You represent and warrant that: (i) you own the User Content transmitted or otherwise have the right to grant the licenses set forth in this section, and (ii) the User Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the transmitting of User Content does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content transmitted. You represent and warrant that you will not transmit User Content that is considered Prohibited Content. "Prohibited Content" includes content that: (a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "phishing" emails, "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; (d) promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; or (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. You agree to use the Site in a manner consistent with any and all applicable laws and regulations. Furthermore, the Site is not designed to support or store emergency data or critical information. You represent and warrant that you shall not rely on the Site to record or store such data.

CONTENT RECEIVED BY YOU

You acknowledge that you may receive content from third parties (including other Users and Causes) through your use of the Site ("Third Party Content"). You agree that Propeller and its licensors shall in no way be liable for any Third Party Content.

USE AND RESTRICTIONS

You are permitted to use the Site for lawful purposes as provided in these Terms only.  Propeller grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Sites and Content, without right to sublicense, under the following conditions: you shall not, without Propeller’s express written consent:

Copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which the Site is being provided to you;

Use the Site to conduct or promote any illegal activities;

Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

Attempt to gain access to secured portions of the Site to which you do not possess access rights; 

Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; 

Use the Site to generate unsolicited email advertisements or spam;

Use the Site to stalk, harass or harm another individual; 

Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site (including without limitation robots, spiders or scripts); 

Interfere in any way with the proper functioning of the Sites or interfere with or disrupt any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 

Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;

Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

Use any tradename, trademark, or brand name of ours in metatags, keywords and/or hidden text;

Create derivative works from the Content or commercially exploit any part of the Content in any way;

Use any portion of the Site or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or

Alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.

Propeller reserves all other rights.  Except as expressly provided herein, nothing on the Sites shall be construed as conferring any license under Propeller’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, Propeller may revoke any of the foregoing rights and/or your access to the Sites, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

ACCESS OF THIRD PARTY SITES

From time to time the Site may access third party content sites ("Third Party Sites") in order to access your content. In order to do so, the Site may request the username and/or password for such Third Party Site. You warrant that you have the authority to provide the Site such information and hereby grant Propeller the right to use such information to access your content. Propeller does not guarantee that any such access will continue or be uninterrupted.

NO ARCHIVE

This Site is not and shall not function as an archive.  Propeller shall have no liability to you or any other person for loss, damage, or destruction to your information, including any utility bills, usage information or similar.  You shall be solely responsible for maintaining independent archival and backup copies of your information.

UNITED STATES ONLY

By using the Site, you agree and acknowledge that it is hosted in the United States.  If you are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing Personal Information collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Site, which is governed by U.S. law, these Terms, and the Propeller Privacy Policy, you are transferring your personal information to the United States and you consent to (1) such transfer, (2) the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California.  Any claim or dispute between you and Propeller that arises in whole or in part from your use of the Site or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in California, U.S.A.  Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. Propeller makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law

DISCLAIMERS

Without limiting the foregoing, the Content and all other features on the SITE are provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind with respect to the site and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.  Should applicable law not permit the foregoing exclusion of express or implied warranties, then Propeller hereby grants the minimum express or implied warranty required by such applicable law.  No advice or information, whether oral or written, obtained by you from Propeller, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section.  Additionally, Propeller does not make any warranties that the site will be uninterrupted, secure or error free or that your use of the site will meet your expectations, or that the site, Content, or any portion thereof, is correct, accurate, or reliable. Propeller reserves the right to change any part of the site at anytime without notice.

LIMITATION OF LIABILITY

Your use of the site is at your own risk.  Neither Propeller, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the site or arising out of any action taken in response to or as a result of any Content or other information available on the site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.  The foregoing shall apply even if Propeller was advised of the possibility of such damages.  If you become dissatisfied in any way with the site, THESE Terms, or ITS Privacy Policy, your sole and exclusive remedy is to stop your use of the site.  You hereby waive any and all claims against Propeller and its affiliates, agents, representatives and licensors arising out of your use of the site.  Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you.  If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Propeller and its affiliates shall not exceed one hundred dollars ($100.)  The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

DIGITAL MILLENNIUM COPYRIGHT ACT

Propeller is committed to respecting and protecting the legal rights of copyright owners.  As such, Propeller adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice").  To be valid, a DMCA Takedown Notice must (i) be provided to Propeller’s designated agent, ("Copyright Agent"), as set forth below, and (ii) include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement 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

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Propeller’s Copyright Agent to receive DMCA Takedown Notices is: email: [email protected] For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site.  You acknowledge that for Propeller to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

INDEMNITY

You agree to defend, indemnify and hold harmless Propeller, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive this Agreement.

TRADEMARKS AND COPYRIGHT

Propeller and its respective designs and logos are copyright of Propeller. All other trademarks and/or service marks are the property of their respective owners.

AMENDMENTS

Propeller may from time to time modify this Agreement and post a copy of the amended Agreement at the Site. If You do not agree to (or cannot comply with) the Agreement as amended, Your only remedy is to stop using the Site. You will be deemed to have accepted the Agreement as amended if You continue to use the Site after any amendments are posted.

MISCELLANEOUS

This Agreement and Propeller’s Master Agreement together constitute the entire agreement between the parties with respect to the use of the Site and Platform and supersede all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of the Agreement shall be in full force and effect.