competitions and contests

Privacy & Service Policy

By accessing or using the services (the "Services") located at: http://www.ibeatyou.com and/or http://www.ibyinc.com (including all subpages, collectively "IBY Website"), owned and operated by Photobucket.com, Inc. ("ibeatyou.com"), or by registering to use the Services, you agree to be bound by the terms of this Privacy & Service Policy, as well as any other rules, guidelines and additional terms referenced herein, which are hereby incorporated herein by this reference (collectively, "Privacy & Service Policy").

This Privacy & Service Policy is subject to change by Photobucket.com, Inc. at any time, effective upon posting on the IBY Website, and your use of the Services after such posting will constitute acceptance by you of such changes. It is your responsibility to review this Privacy & Service Policy for any changes each time you visit the IBY Website.

Description of Services

Photobucket.com, Inc. provides Services for members and visitors to compete in competitions both online and offline and to share these competitions with other members and visitors. Additionally, members can comment on and view competitions.

The IBY Website is intended to serve a general audience and does not provide specific features or services targeted at children under 13 years of age. Photobucket.com, Inc. does not knowingly solicit personal information regarding children under 13 years of age and we will delete any information later determined to be from a user younger than 13.

This Privacy & Service Policy sets out the legally binding terms with respect to your use of the IBY Website and our provision of the Services. Please read this Privacy & Service Policy carefully. Your access to and/or use of the IBY Website and/or the Services constitutes your acceptance of all of the terms of this Privacy & Service Policy. If you are unwilling to be bound by this Privacy & Service Policy, you may not access or use either the IBY Website or the Services.

The Services are proprietary to Photobucket.com, Inc. and are protected by intellectual property laws and international intellectual property treaties. Upon completing the registration process, Photobucket.com, Inc. will provide you with an account that provides you the personal, non-transferable and non-exclusive right to access and use the Services and the IBY Website subject to the terms and conditions of this Privacy & Service Policy.

Registration

Certain Services (e.g., competing or commenting on competitions) require you to register as a member before accessing such Services. Once you have completed the registration process, you will become a member. Additionally, during registration you can, at your discretion, authorize Photobucket.com, Inc. to send email messages on your behalf to invite your friends to the Service and upload a picture or competitions in video, photo or text format to add to the site.

Use of Services

Your use of the Services is expressly limited to non-commercial, personal and private use only. Any use for commercial gain is expressly prohibited.

You agree to be solely responsible for any authorized or unauthorized access to your account. You represent and warrant to Photobucket.com, Inc. that: (a) you have the power and authority to be bound to and comply with the terms of this Privacy & Service Policy and to perform your obligations under the terms of this Privacy & Service Policy; (b) you will comply with all terms and conditions of this Privacy & Service Policy; (c) if you choose to register, you have provided or will provide accurate and complete information during the registration process; and (d) you own or otherwise control the necessary rights or have the necessary consents to upload any content, including but not limited to messages, emails, photographs, images or video, that you provide through the Services ("User Submissions").

You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Photobucket.com, Inc. may undertake from time to time; or (c) causes beyond the reasonable control of Photobucket.com, Inc. or which are not reasonably foreseeable by Photobucket.com, Inc.

You may engage in conferences and chats, download and upload files and otherwise use the Services as permitted by this Privacy & Service Policy and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by Photobucket.com, Inc. Files available on the IBY Website may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them. Any copyright, trademark, and other proprietary notices may not be removed from any copies you download.

Prohibited Items and Activities

You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:

Register for the IBY Website and the Services if you have not acknowledged reading and agreed to abide by the terms of this Privacy & Service Policy;
Interfere, disrupt or attempt to gain unauthorized access to other accounts on the IBY Website or any other computer network;
Use the IBY Website or the Services in connection with any commercial endeavors;
Post your personal information such as last name, email addresses, instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the IBY Website;
Post or give out any financial information or transmit electronically or physically any money to other members;
Create user accounts by automated means or under fraudulent or false pretenses;
Create or transmit unsolicited electronic communications such as spam to members or promote any products or services;
Submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Photobucket.com, Inc.;
Submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
Submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the IBY Website;
Harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
Collect and publish any information about any of our members;
Adapt, modify or reverse engineer any portion of the Services or the IBY Website;
Use any spider, robot, retrieval application, or any other device to retrieve any portion of the IBY Website;
Reformat any of the pages that are part of the IBY Website;
Disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program;
Encourage conduct that would constitute a criminal or civil offense;
Violate any applicable federal, state, local or international law or regulation;
Exploit children under 18 years of age;
Invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age);
Solicit personal information from a child under 13 years of age;
Cheat or manipulate votes by creating fake user profiles or other activities which compromise the integrity of the competition/entries and points awarded;
Submit false or misleading information to ibeatyou.com, the IBY Website or other members; or
Engage in any other activity deemed by Photobucket.com, Inc. to be in conflict with the spirit of this Privacy & Service Policy.

Collection of Information

In order to provide you with the Services, you agree to provide certain necessary information during the registration process. Information we collect includes:

Email address
User name
Password
Gender
Date of Birth
Country of residence
State/Province
City
Zip Code

Photobucket.com, Inc. will store and process all of your personal information taking care to preserve your privacy and security. Photobucket.com, Inc. will not sell, trade, or otherwise disclose personal information to third parties unaffiliated with Photobucket.com, Inc. without your permission or appropriate prompts. Additionally, Photobucket.com, Inc. will not disclose your personally identifiable information unless required to do so in order to comply with applicable law, a subpoena, or other legal process. In the event that Photobucket.com, Inc. should be acquired or substantially all of its assets transferred, your information shall be considered a transferable asset.

Photobucket.com, Inc. may also collect non-personal information not associated with your identity in order to improve and customize the delivery of the Services, such as IP addresses and cookies.

In the event Photobucket.com, Inc. makes a material change in the way your personal information is collected, the use of your personal information, or our email policies, you will be notified either by email or through a notice posted on the IBY Website.

Because your sensitive data is very important to both you and us, Photobucket.com, Inc. has implemented policies and procedures to protect your information. Photobucket.com, Inc. operates secure data networks that are password protected and are not publicly available. While Photobucket.com, Inc. will work hard to protect your information, Photobucket.com, Inc. cannot ensure or warrant the security of any of the information you submit to us or receive from us. Photobucket.com, Inc. reviews its security policies on a regular basis and will make changes as necessary.

Use of Information

The personally identifiable information that you provide will be used by us to provide you with information about products and services available to you. Correspondence from Photobucket.com, Inc. may contain commercial messaging, such as advertisements and offers from ibeatyou.com and/or select partners. We may use action tags to learn more about your visits to the IBY Website in order to provide emails about goods and services that may be of interest to you.

This information may be used by the IBY Website to simplify the amount of information you will need to enter when using the features available on the IBY Website. In the event there is a change or update to the Services, Photobucket.com, Inc. may use your information to contact you regarding such a change, update or description of related services. Your demographic data is used to show you content that may be of interest to you, and to help ibeatyou.com display the content of the IBY Website according to your preferences. Also, Photobucket.com, Inc. uses your information to send you information about our company and select partners.

We may share aggregate information collected by Photobucket.com, Inc. with non-affiliated third parties. Aggregate information does not identify you, but rather is based upon a summary of information about all users. This aggregate information will help our advertisers better target advertisements and services that are more relevant to you.

Personal Security Measures Members Should Take

You are responsible for maintaining the confidentiality of your email address and password that you designate during registration. You agree to immediately notify Photobucket.com, Inc. of any unauthorized use of your email address, screen name or password or any other security breach and you agree to exit from your account at the end of each session, especially if you are using public computers and networks. Additionally, you should be careful when inputting your email address and password in public settings, so others are not able to view this information. Photobucket.com, Inc. will not be liable for any damage or loss due to your failure to comply with this provision.

You are solely responsible for your interactions with other members on the IBY Website. As such, you should not give out any personally identifiable information such as your last name, personal email addresses, instant messenger addresses, personal URLs, telephone numbers and physical addresses to other members. Additionally, you should not give out any financial information or transmit electronically or physically any money to other members.

You acknowledge and agree that Photobucket.com, Inc. has no responsibility or obligations to you in the event that you choose to meet other members or visitors of the IBY Website.

You acknowledge and understand that Photobucket.com, Inc. does not (a) in any way screen or inquire into the backgrounds of our members or attempt to verify the statements of our members, or (b) make any representations or warranties as to the conduct of members with any current or future members.

Other Sites and Advertising

You are encouraged to use discretion while browsing the Internet using links initiated at the IBY Website. These third party links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. These links may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Photobucket.com, Inc. makes no representations concerning the content of sites accessible from the IBY Website.

User Submissions

Members are solely responsible for their User Submissions and all materials they transmit to other members. Members are not allowed to post or transmit to other members any material listed in the "Prohibit Items and Activities" section above. If you provide information to us or other members that subsequently becomes inaccurate, misleading or false, you agree to update your profile promptly to remove such information. Photobucket.com, Inc. may review and delete User Submissions that in the sole judgment of Photobucket.com, Inc. violates this Privacy & Service Policy, including any such material that might be offensive, illegal or may violate the rights, harm or threaten the safety of members.

For clarity, you retain all of your ownership rights in your content submissions. However, by posting User Content to public areas of the IBY Website, you warrant and represent that you have the right to grant to Photobucket.com, Inc., and you hereby grant to Photobucket.com, Inc., a non-exclusive, irrevocable, sublicensable, perpetual, fully paid-up license to copy, reproduce, use, perform, display, adapt, modify, distribute, and create derivative works from, such User Submissions. For the avoidance of doubt, this license shall permit Photobucket.com, Inc. to use User Submissions for our own marketing purposes, which may include publication and distribution of such User Submissions on sites other than the IBY Website and on sites or other media distribution (television, movies, radio, print, outdoor, etc.) not owned or controlled by Photobucket.com, Inc. You further represent and warrant that public posting and use of your User Submissions by Photobucket.com, Inc. will not infringe or violate the rights of any third party (see Copyright Dispute Policy). Additionally, your use of the IBY Website and the Services, including but not limited to the User Submissions you post on the IBY Website, will be in accordance with any and all applicable laws and regulations. From time to time, Photobucket.com, Inc. will have celebrity content submissions, where celebrity is defined as any public personality or individual known for appearing on television, movies, sports, music, digital or related mediums. Upon submission to IBY, these submissions are solely for ibeatyou.com and any ibeatyou.com branded content, unless specified for a separate use case in advance. Additionally, upon request by the celebrity appearing in any part of the content, content will be promptly removed.

Photobucket.com, Inc. respects the intellectual property rights of others and expects the of our members. Photobucket.com, Inc. will respond to claims of copyright infringement committed using the IBY Website and the Services that are reported to the Photobucket.com, Inc. Designated Copyright Agent identified in the notice below.

If you are a copyright owner, authorized to act on behalf of a copyright owner and/or authorized to act under any exclusive right under copyright, please report any alleged copyright infringement taking place on the IBY Website by providing the following DMCA Notice of Alleged Infringement (the "Notice"). Upon receipt of a Notice as described below, Photobucket.com, Inc. will take such action, in our sole discretion, as we deem appropriate, including removal of the challenged use from the IBY Website or discontinuance of service to repeat offenders.

DMCA Notice of Alleged Infringement

Each Notice shall:

Identify the copyrighted work, by title and with sufficient detail so that we can locate the infringing material on our site, that you claim has been infringed and that access to which is to be disabled;
Include your full legal name, physical or electronic signature, mailing address, telephone number and email address; and
Include both of the following statements in the body of the Notice:

Deliver this Notice, with all items completed, to Photobucket Corporation's Designated Copyright Agent at:

ibeatyou/Photobucket.com, Inc.
Designated Copyright Agent
PO Box 13003
Denver, CO 80201
abuse@photobucket.com

Termination of Services

Photobucket.com, Inc., in our sole discretion, reserves the right (a) to terminate any member account, with or without notice, for any or no reason; (b) to remove, suspend or disable any user's access to all or any portion of the Services or the IBY Website; and (c) to remove any content from ibeatyou.com's servers at any time, with or without notice, for any or no reason.

Disclaimer of Warranties

Photobucket.com, Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.

Furthermore, Photobucket.com, Inc. disclaims any and all responsibility or liability for (a) the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the IBY Website; (b) the conduct of any user of the Services or any visitor of the IBY Website; (c) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; and (d) any harm resulting from downloading or accessing any information or material on the Internet through the Service or the IBY Website.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Photobucket.com, Inc. MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, ACCURATE, RELIABLE OR WILL IN ANY WAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Photobucket.com, Inc. MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION ON THE IBY WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE IBY WEBSITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

Limitation of Liability; Indemnification

UNDER NO CIRCUMSTANCES WILL Photobucket.com, Inc. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY & SERVICE POLICY, THE SERVICES, THE USE OF THE IBY WEBSITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT Photobucket.com, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON IBEATYOU.COM, THE SERVICES OR THE IBY WEBSITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY Photobucket.com, Inc., ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR THE IBY WEBSITE.

Term and Termination

This Privacy & Service Policy is effective as of the time you first access the IBY Website and shall continue in full force and effect until terminated as set forth herein. Subject to Photobucket Corporation's rights herein, you may terminate your access of the IBY Website or your use of the Services at any time. In the event you have registered for an account to use the Service, once you terminate your membership, you shall have no further rights or privileges to use the Services. The terms of those sections of this Privacy & Service Policy labeled "Use of Services", "Prohibited Items and Activities", "Collection of Information", "Use of Information", "Personal Security Measures Members Should Take", "Other Sites and Advertising", "User Submissions", "Disclaimer of Warranties", "Limitation of Liability; Indemnification" and "Miscellaneous" shall survive any termination or expiration of this Privacy & Service Policy with respect to any use of the Services prior to such termination or expiration.

Miscellaneous

This Privacy & Service Policy shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Photobucket.com, Inc. and you for any purpose concerning this Privacy & Service Policy or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco County, California, United States. No waiver of any term, provision or condition of this Privacy & Service Policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Privacy & Service Policy constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services. If any action in law or in equity is necessary to enforce the terms of this Privacy & Service Policy, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Privacy & Service Policy are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provision of this Privacy & Service Policy is intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Privacy & Service Policy; except that the indemnification provisions of this Privacy & Service Policy are intended to benefit Photobucket.com, Inc. and its stockholders, officers, directors, employees, and agents. Photobucket.com, Inc. may assign its rights and duties under this Privacy & Service Policy to any party at any time without notice to you.

Contacting Photobucket.com, Inc.

We can be reached at: