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 good 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.
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
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
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.
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
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
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.
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.
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.
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.