GuessForFree.com

Terms of Service

By using this website ("Website") you agree to these terms of service ("Terms of Service") and our privacy statement, located at http://www.guessforfree.com/privacypolicy.php ("Privacy Statement"). Do not use this Website if you do not agree with the Terms of Service or the Privacy Statement.

We may change the Terms of Service by posting them on the Website. All changes are effective upon posting. You agree to be bound by any changes we make. You will be deemed to have accepted any changes we make if you choose to use the Website after we post them. We recommend that you review the Terms of Service each time you access this Website to ensure that you understand and are aware of our most current Terms of Service. No third party rights or benefits are conferred by the Terms of Service.

Third Party Sites
Other websites may have terms of service that are different from ours. These include websites operated by advertisers on this Website or websites we link to that are operated by third parties. We do not control these websites and are not responsible for their content, privacy policies or terms of service. We strongly suggest that when you click on a link or advertisement on this Website that takes you to one of these third party websites, you review the terms and conditions and privacy policy that apply to that website. You agree that we are not liable for your use of any third party site.

General Terms of Service
You may only use this Website if you are 13 years of age or older and live in the United States, Puerto Rico, U.S. Virgin Islands or are part of the active U.S. military overseas. Do not use this Website if you are under the age of 13 or if you do not meet our requirements to use the Website. By using this Website, you represent that you are 13 years of age or older. You also represent that you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service and agree to abide by and comply with these Terms of Service. We reserve the right to request evidence of your age in order to ensure you are not improperly using this Website. We have the right to cancel or suspend your account and/or prevent your use of this Website either permanently or temporarily if we are not satisfied with the evidence you provide. Please go to the FTC's website, http://ftc.gov, for more information about protecting children online.

Your use of the Website is entirely at your own risk, and we do not represent and cannot verify that the Website is appropriate, legal or available for use in locations where you reside. It is your responsibility to comply with any applicable laws and to verify the legality of your use of this Website in any jurisdictions in which you access it.

You must register with us by creating an account to use the services offered by this Website. You are not permitted to use another person's account without permission. You agree to provide complete and accurate information when you create your account. You are solely responsible for any and all activity that occurs on your account and agree to protect the confidentiality of your account information and any passwords. You must notify us immediately in the event of any breach of security or unauthorized use of your account. We are not liable for any losses you incur because of the unauthorized use of your account.

Users shall not post or transmit through the Website any material which violates or compromises the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence or give rise to civil liability, or which, without express prior approval, contains advertising or any solicitation with respect to products or services. We reserve the right in our sole discretion to refuse service or terminate site access to any user whose conduct restricts or inhibits another user from using or enjoying the site or is harmful to the interests of the Website, its users, members, affiliates or suppliers.

Your use of this Website is subject to the following terms and conditions:
1. Your use of the Website is limited to lawful purposes; 2. You agree not to impersonate any person or entity when using the Website or falsely state or misrepresent that you are affiliated with another person or entity; 3. You shall not use any device or means to disguise the origin of any content that is transmitted on or through the Website; 4. You shall not compromise the Website's integrity or security and shall only attempt to gain access to the Website using the method of authorization we provide; 5. You agree that you will not distribute any part of the Website without getting our prior written permission; 6. You will not modify, change or alter any part of this Website; 7. You agree not to access the content of this Website through any unauthorized means; 8. You agree that you will not copy, reproduce, sell, resell or exploit any portion of the Website, including use or access to it, unless we have given you prior written permission; 9. You agree not to use internet bots or any automated procedures to gather information or data from the Website; 10. You will not use or launch "robots," "spiders," "offline readers" or any other automated system that sends more request messages to our servers than a person can reasonably produce in the same time period by using a conventional web browser; 11. You agree not to interfere with or disrupt the Website or servers or networks connected to the Website or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Website or that of any third party that is hosting or interfacing with any part of the Website; 12. You agree not to breach or attempt to breach the security of anything related to the Website, including the software, networks, servers, data, computers or other hardware; 13. You will not tamper with or obstruct the Website or servers or networks connected to it. 14. You agree that the information provided through this Website will not be used to create any frames or framed content at any other websites; 15. You agree that you will not use this Website to collect or maintain any personally identifiable information; and 16. You agree to comply with the Communications Decency Act (47 U.S.C. § 223 et. seq.) and all other applicable international, federal, state and local laws and regulations.

We reserve the right to change, suspend, remove, add or discontinue any aspect or feature of the Website without liability or prior notice. We will not permit any action or activity that we believe, in our sole discretion, interferes, inhibits or restricts another's use or enjoyment of this Website.

Use of Content on the Site
All of the content on the Website, including the text, any interactive features, software and so forth ("Content") and all of the trademarks, service marks and logos found on the Website ("Marks") are owned by or licensed to us and are subject to applicable copyright and intellectual property laws. The Content found on the Website is provided "AS IS." It is strictly for your information and personal use. You may not download copy, distribute, license, sell, or otherwise use it for any other purposes unless you have received the owner's prior written permission or unless otherwise expressly permitted herein. Your access to the Content is limited to that permitted under these Terms of Service.

You agree not to circumvent, disable, bypass, or otherwise disrupt any security-related features of the Website. You will also not interfere with any features that prevent or restrict someone from using or copying any Content or enforcing limitations on use of the Website or the Content therein.

Registration and Passwords
You must become a member by registering online to access the Website. Once you register, you will be provided with a username, as well as the password which you have entered as part of the registration process. Your username and password will allow you to participate in the services and content offered by the Website. Our Privacy Statement describes the personal information that we may collect, use and maintain under this Website.

Your username and password are unique to you and must not be shared with or used by any other individual. You are strictly liable for any unauthorized use of your username or password and agree to hold us harmless for any harm caused by or related to their disclosure or misappropriation. In the event that you become aware of any such disclosure or misappropriation, you agree to notify us immediately. We will deactivate your account upon receipt of such notice. We reserve the right to terminate your account in the event we believe or suspect that you have, either intentionally or through neglect, shared your username or password with another individual. You agree to forfeit all unawarded points that you have accrued hereunder in any such case. You must have an email address to register on the Website and may register up to two such addresses.

Rules of Participation
Only individual persons are eligible to participate. The rules of participation may vary from time to time. You must personally execute all actions taken in participating in the polls. You agree to abide by the rules as set forth on the Website at the time you are participating. There is no charge to participate in the polls. Members participate for points only. Points do not expire but may be forfeited in accordance with these Terms of Service.

Points are awarded pursuant to the rules currently set forth on the Website as of the date the poll is conducted. We may choose to award points for activities other than guessing. Points for guessing are only awarded when your guess is 100% correct. We reserve the sole right and authority to determine whether your guess is correct or incorrect. Our decision is final and you agree not to challenge our decision in any tribunal or otherwise.

All polls have participation deadlines. If you fail to meet the deadline, you will be excluded from participating in the poll. You may not change your answer once you have checked out of a poll.

Results of a poll are considered final once the official result is posted on the Website. You are responsible for reviewing your account status and ensuring that your points have been properly credited. You may review your account status once you have logged in. You may contact us at the address listed below if you believe that you have earned points that have not been properly credited. You may be required to submit documentation or other proof of your claim. The decision as to whether to award such points is entirely ours. Your exclusive remedy in the case of improperly credited points is the crediting of those points.

You may not sell, transfer or give your points to any individual or entity for any reason. You also may not transfer any of your points from one account to another account or combine your points on one account with points on another account.

Prohibited Uses
Collusion between members is strictly prohibited. We reserve the right to terminate your account and/or bar you from further use of this Website if, in our sole discretion, we believe or suspect that there has been collusion between you and another member or members. Our right to terminate your account or bar your use of this Website does not depend upon the outcome of such collusion.

Your use of any programs, software, databases, profiles, websites or subscription services to provide you with an unfair advantage over other members of this Website is strictly prohibited. We reserve the right to terminate your account and/or bar you from further use of this Website if, in our sole discretion, we believe or suspect that you have employed any of these devices in your use of this Website as a means to gain an unfair advantage over another member.

Prizes
Prizes are awarded pursuant to the rules currently set forth on the Website as of the date the poll is conducted. We deduct all applicable points from your account. You are limited to one electronic prize, if any are offered, per prize request.

We will ship prizes to the address listed on your account if you are eligible to receive the prize. Additional points will be deducted from your account if we must make a second attempt at delivering your prize(s). The amount of points deducted in such case is entirely within our discretion. We will contact you in the event that a second attempted delivery fails. You agree to bear the entire cost of delivery after any such second attempted delivery failure. Prizes awarded under this Website may not be transferred or sold. To redeem a prize under this Website, you must be 18 years of age or older and have complied with the Terms of Service. You are responsible for any tax liability for prizes awarded under this Website.

Account Termination Policy
We reserve the right to terminate your account or discontinue any poll or this Website for any reason without liability or prior notice. Furthermore, we may terminate your account, choose to bar your further participation on this Website and/or take legal action if we determine that you have violated the Terms of Service or Privacy Statement of this Website or have engaged in any fraudulent, unlawful, dishonest or improper activity in connection with your use of this Website. You agree to forfeit all unawarded points that you have accrued hereunder in any such case.

Warranty Disclaimer
ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED "AS IS." YOUR USE OF THIS WEBSITE IS DONE SOLELY AT YOUR OWN RISK. DESPITE OUR EFFORTS TO PROVIDE YOU WITH A SAFE, SECURE AND QUALITY WEBSITE, WE CANNOT AND DO NOT WARRANT THAT THE SERVICE WE PROVIDE WILL BE UNINTERRUPED, TIMELY OR FREE OF VIRUSES, BUGS OR ERRORS OR THAT WE WILL CORRECT ANY DEFECTS YOU FIND.

WE, OUR AFFILIATES, SUBSIDIARIES, AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "WE") DISCLAIM ALL WARRANTIES, EITHER EXPRESS OF IMPLIED, ASSOCIATED WITH THE WEBSITE 0R YOUR USE THEREOF. WE ALSO PROVIDE NO WARRANTY, MAKE NO REPRESENTATION AND ASSUME NO LIABILITY WITH RESPECT TO:

1. THE ACCURACY OF THE WEBSITE OR ANY CONTENT OR INFORMATION CONTAINED THEREIN; 2. ANY ERRORS, OMISSIONS OR MISTAKES IN THE CONTENT OR INFORMATION; 3. THE AVAILABILITY, FITNESS FOR PURPOSE, COMPLETENESS, APPROPRIATENESS, QUALITY, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OR INFORMATION; 4. ANY PROPERTY DAMAGE OR PERSONAL INJURY THAT MAY RESULT FROM YOUR USE OF THE WEBSITE; 5. ANY UNAUTHORIZED USE OF THE WEBSITE OR OUR SECURED SERVERS AND ANY RESULTING DISCLOSURE OF PERSONAL OR FINANCIAL INFORMATION; 6. ANY DISRUPTIONS OR DELAYS IN THE TRANSMISSION OF CONTENT OR INFORMATION TO AND FROM THE WEBSITE, INCLUDING ANY SUSPENSION OR CESSATION OF TRANSMISSION THEREOF; 7. ANY VIRUSES, TROJAN HORSES, SPYWARE, CANCEL BOTS, TIME BOMBS AND OTHER SUCH PROGRAMMING ROUTINES THAT MAY BE TRANSMITTED OVER THE WEBSITE BY A THIRD PARTY; 8. ANY DAMAGE OR LOSS RESULTING FROM THE USE OF CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE.

WE ALSO CANNOT AND DO NOT WARRANT OR ASSUME ANY RESPONSIBILITY FOR PRODUCTS AND SERVICES THAT ARE OFFERED BY THIRD PARTY ADVERTISERS THROUGH THIS WEBSITE, THROUGH A HYPERLINKED WEBSITE OR DISPLAYED ON A BANNER OR OTHER ADVERTISING FORM ON THE WEBSITE. WE DISCLAIM ALL RESPONSIBILITY FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD PARTIES WHO PROVIDE YOU WITH PRODUCTS OR SERVICES.

Limitation of Liability
WE, OUR AFFILIATES, SUBSIDIARIES, AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "WE") ARE NOT AND SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) FOR YOUR USE OF THIS WEBSITE, EVEN IF WE HAD PRIOR NOTICE OF THE RISK OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE APPLIED TO THE FULLEST EXTENT ALLOWED BY LAW.

IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY THIRD PARTY'S DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT. YOU FURTHER AGREE TO ASSUME RESPONSIBILITY FOR THE RISK OF ANY HARM OR DAMAGE RESULTING FROM THE FOREGOING.

Indemnity You agree to fully protect, indemnify, hold harmless and defend us, or any of our officers, directors, employees and agents, from any claim or demand, including reasonable attorneys' fees, which results from: (i) your use of and access to the Website; (ii) your failure to comply with these Terms of Service; (iii) your breach of the rights of a third party, including but not limited to any copyright, trademark, property, or privacy right; or (iv) your violation of any law, regulation or ordinance. These obligations shall survive the Terms of Service and your use of the Website.

Assignment
You may not assign or transfer these Terms of Service, or any rights, obligations or licenses granted hereunder. However, we may assign or transfer such without restriction or prior notice.

General
This Website shall be deemed to be: (1) solely based in New York; and (ii) a passive website that does not give rise to either specific or general personal jurisdiction over us other than in New York. The laws of New York (without respect to its conflict of laws principles) shall govern these Terms of Service. All claims or disputes arising in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York.

These Terms of Service and our Privacy Statement, located at http://www.guessforfree.com/privacypolicy.php, along with any legal notices which we publish on the Website, shall constitute the entire agreement between us regarding the Website. In the event that a court of competent jurisdiction deems a term herein invalid, such invalidity shall not affect the validity of any other term or condition contained in these Terms of Service. All other terms and conditions shall remain in full force and effect.

A waiver of any term under these Terms of Service will not be construed to be a further or continuing waiver of such term or any other terms. Additionally, our failure to assert any right or provision hereunder shall not be deemed to be a waiver of same. You agree that we have the right to amend these Terms of Services without notice and at any time and that you are solely responsible for reviewing them for changes. Your use or access of this Website after any term hereunder has been amended constitutes your acceptance of the amendment.

You must commence any cause of action under this Website within one year of its accrual. Otherwise, the cause of action will be barred forever.

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