THE M.M.W.G. AWARDS 

Terms of Service (TOS)

You understand and agree that WWT Services is provided "AS-IS" and that WWT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the WWT Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the WWT Services.

In consideration of your use of WWT Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the WWT Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the WWT Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WWT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WWT has the right to suspend or terminate your account and refuse any and all current or future use of WWT Services (or any portion thereof).

WWT is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the WWT Services must create a Family Registration and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the WWT Family Registration. Please remember that the WWT Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the WWT Services areas and/or Content 
is appropriate for your child.

PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. You understand that through your use of the WWT Services you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by WWT and its affiliates.

CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WWT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the WWT Services. WWT does not control the Content posted via the WWT Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the WWT Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WWT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the WWT Services.

You agree to not use the WWT Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;
impersonate any person or entity, including, but not limited to, a WWT official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the WWT Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the WWT Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the WWT Services or servers or networks connected to the WWT Services, or disobey any requirements, procedures, policies or regulations of networks connected to the WWT Services, including using any device, software or routine to bypass our robot exclusion headers; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that WWT may or may not pre-screen Content, but that WWT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the WWT Services. Without limiting the foregoing, WWT and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WWT or submitted to WWT, including without limitation information in WWT Message Boards and in all other parts of the WWT Services. You acknowledge, consent and agree that WWT may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of WWT, its users and the public. You understand that the WWT Services and software embodied within the WWT Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by WWT and/or content providers who provide content to the WWT Services. You may not attempt to override or circumvent any of the usage rules embedded into the WWT Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the WWT Services, in whole or in part, is strictly prohibited. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. WWT Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations.
WWT does not claim ownership of Content you submit or make available for inclusion on the WWT Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the WWT Services, you grant WWT the following worldwide, royalty-free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of WWT, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the WWT Services solely for the purposes of providing and promoting WWT. This license exists only for as long as you elect to continue to include such Content on the WWT Services and will terminate at the time you remove or WWT removes such Content from the WWT Services. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the WWT Services other than WWT, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the WWT Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the WWT Services and will terminate at the time you remove or WWT removes such Content from the WWT Services. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the WWT Services other than WWT, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the WWT Services are those areas of the WWT network of properties that are intended by WWT to be available to the general public. By way of example, publicly accessible areas of the WWT Services would include WWT Message Boards and portions that are open to both members and visitors. However, publicly accessible areas of the WWT Services would not include portions of WWT that are limited to members, WWT services intended for private communication or areas off of the WWT network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by WWT. 

CONTRIBUTIONS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to WWT through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) WWT is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) WWT shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) WWT may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of WWT without any obligation of WWT to you; and (f) you are not entitled to any compensation or reimbursement of any kind from WWT under any circumstances.
INDEMNITY
You agree to indemnify and hold WWT and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the WWT Services, your use of the WWT Services, your connection to the WWT Services, your violation of the TOS, or your violation of any rights of another. NO COMMERCIAL REUSE OF WWT SERVICES You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the WWT Services (including Content, advertisements, and Software.  MODIFICATIONS TO WWT SERVICES WWT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WWT Services (or any part thereof) with or without notice. You agree that WWT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WWT Services (or any part thereof).

TERMINATION
You may terminate your access to the WWT Services by submitting such termination request to WWT.
You agree that WWT may, without prior notice, immediately terminate, limit your access to or suspend your WWT Services, any associated email address, and access to the WWT Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the WWT Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the WWT Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in WWT sole discretion and that WWT shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the WWT Services.
Termination of your WWT account includes any or all of the following: (a) removal of access to all or part of the offerings within the WWT Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the WWT Services. DEALINGS WITH ADVERTISERS; Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the WWT Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WWT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the WWT Services. LINKS - The WWT Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that WWT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WWT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

PROPRIETARY RIGHTS
You acknowledge and agree that the WWT Services and any necessary software used in connection with the WWT Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the WWT Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by WWT or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the WWT Services, such Content or the Software, in whole or in part.
WWT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the WWT Services. You agree not to access the WWT Services by any means other than through the interface that is provided by WWT for use in accessing the WWT Services.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE WWT SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE WWT SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WWT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. WWT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WWT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE WWT SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WWT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WWT SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WWT SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WWT OR THROUGH OR FROM THE WWT SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WWT SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WWT SERVICE. IMMEDIATELY DISCONTINUE USE OF THE WWT SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WWT SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WWT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WWT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WWT SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WWT SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE WWT SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

SPECIAL ADMONITION FOR WWT SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the WWT Services concerning companies, stock quotes, investments or securities, please read the above Section again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The WWT Services is provided for informational purposes only, and no Content included in the WWT Services is intended for trading or investing purposes. WWT and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the WWT Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE

WWT may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the WWT Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the WWT Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the WWT Services in an authorized manner.

TRADEMARK INFORMATION

You agree that all of WWT trademarks, trade names, service marks and other WWT logos and brand features, and product and service names are trademarks and the property of WWT. (the "WWT Marks"). Without WWT prior permission, you agree not to display or use in any manner the WWT Marks.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

WWT respects the intellectual property of others, and we ask our users to do the same. WWT may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WWT Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

WWT Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
WWT.
201 25th Avenue
Chicago, IL 60104
copyright@mmwgawards.com

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and WWT and governs your use of the WWT Services, superseding any prior version of this TOS between you and WWT with respect to the WWT Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WWT services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and WWT each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and WWT, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and WWT agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of WWT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your WWT Services is non-transferable and any rights to your contents within your services terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the WWT Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATIONS

Please report any violations of the TOS to WWT.

Last updated December 11, 2009