Conditions of Participation
Account and Password Security
Communications and Disclosure
Force Majeure Event
- abuse, harass, impersonate, intimidate, or threaten other Partake users or any other third party;
- cause, whether directly or indirectly, the posting or transmission of any materials that are infringing, libellous, defamatory, abusive, offensive, obscene, pornographic or that otherwise violate any law or the right of any other person;
- use the Site for any unauthorized purposes or in violation of any applicable law, including intellectual property laws;
- cause, whether directly or indirectly, the posting or transmission of any communication or solicitation designed or intended to obtain password, account or private information from any Partake user;
- create, send or attempt to create or send, e-mail spam to any other Partake user;
- infringe upon the intellectual property rights of Partake, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, or sites that repurpose existing stories or off-topic content;
- post, e-mail, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Site for any purpose (except RSS feed access) without Partake’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes or may impose a load on our infrastructure that Partake deem to be unreasonable or disproportionate; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures Partake may use to prevent or restrict access to the Site;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the Partake community;
- advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit to, or sell to any user without the user’s prior explicit consent;
- use the Site for any commercial purpose unrelated to the Contests; and sell or otherwise transfer your profile.
Your violation of the foregoing rules may result in the removal of your content from the Site and/or cancellation of your account. You acknowledge and agree that Partake may remove any user content and terminate any Partake account at any time for any reason including without limitation a third party’s claim or allegation concerning the user’s content or conduct on the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE, CONTENT, AND WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. You acknowledge that Partake has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Partake from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Partake makes no representations concerning any content contained in or accessed through the Site, and Partake is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT PARTAKE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Partake HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PARTAKE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Partake FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. PARTAKE DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY OR OTHER LIABILITY IT CANNOT EXCLUDE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Our Proprietary Rights
Partake owns all title, ownership and intellectual property rights in and to the Site. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Partake, you agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on the Site, in whole or in part.
The Site provides, or third parties may provide, links to other websites or resources. As Partake has no control over such sites and resources, you acknowledge and agree that Partake 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 Partake 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.
Information Accuracy & Verification
Partake periodically reviews user accounts for accuracy of user provided registration and payment information. Partake reserves the right to suspend the account of any user suspected of providing inaccurate, misleading or fraudulent information. Once an account has been suspended, the user will be notified of such a suspension and will be given the opportunity to provide further information relevant to the decision to suspend the account in question. Partake reserves the right to close a suspended account.
No Third-Party Beneficiaries
Notice and Procedure for Making Claims of Copyright Infringement – U.S. residents
Partake may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Partake with a notice that includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the infringing material is located on the Site;
- your address, telephone number, and e-mail address;
- 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 applicable law; and 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 behalf of the copyright or intellectual property owner.
Please send your notice and all related correspondence to Partake at the following address: firstname.lastname@example.org.
Counter Notification to Claimed Copyright Infringement – U.S. residents
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification. The counter notification must provide the following information:
- physical or electronic signature of the subscriber;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- the subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Dispute Resolution and Governing Law
Initial Dispute Resolution: Partake’s customer support department is available to address any concerns, problems or disputes involving the Site and should be contacted by the ‘Contact Us’ section of the Site (accessed via the footer link). Parties should use their best efforts using the Partake customer support department to resolve any concern, problem or dispute. If you are dissatisfied with the response of our Customer Services Team then you have the right to request that an Alternative Dispute Resolution (ADR) provider reviews your compliant. This service can be accessed free of charge for customers.
Waiver and Severability of Terms
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Last Revised: 01/29/2020