Terms and conditions
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE, YOU SIGNIFY
YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS AND THE TERMS AND
CONDITIONS OF EWALL OF FAME'S PRIVACY NOTICE, WHICH ARE
PUBLISHED AT http://www.eWallofFame.com/privacy.htm,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any
of these terms, then please do not use the eWall of Fame Website.
2. eWall of Fame Website
These Terms of Service apply to all users of the
eWall of Fame Website, including users who are also contributors
of bricks on the eWall of Fame. The eWall of Fame Website
contains links to third party websites that are not owned or controlled
by eWall of Fame. eWall of Fame has no control over, and assumes
no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, eWall of Fame will not
and cannot censor or edit the content of any third-party site.
By using the Website, you expressly relieve eWall of Fame from
any and all liability arising from your use of any third-party
website. Accordingly, we encourage you to be aware when you leave
the eWall of Fame Website and to read the terms and conditions
and privacy policy of each other website that you visit.
3. Website Access
A. eWall of Fame hereby grants you permission
to use the Website as set forth in this Terms of Service, provided
that: (i) you will not copy or distribute any part of the Website
in any medium without eWall of Fame's prior written authorization;
(ii) you will not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website for its
intended purpose; and
(iii) you will otherwise comply with the terms and
conditions of these Terms of Service.
B. In order to access some features of the Website, you will
have to create an account. You may never use another's account
without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep
your account password secure. You must notify eWall of Fame immediately
of any breach of security or unauthorized use of your account.
Although eWall of Fame will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the
losses of eWall of Fame or others due to such unauthorized use.
C. You agree not to use or launch any automated
system, including without limitation, "robots," "spiders," "offline readers," etc.,
that accesses the Website in a manner that sends more request
messages to the eWall of Fame servers in a given period of time
than a human can reasonably produce in the same period by using
a convention on-line web browser. Notwithstanding the foregoing,
eWall of Fame grants the operators of public search engines
permission to use spiders to copy materials from the site for
the sole purpose of creating publicly available searchable indices
of the materials, but not caches or archives of such materials.
eWall of Fame reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication
systems provided by the Website for any commercial solicitation
purposes.
4. Intellectual Property Rights
The content on the eWall of Fame Website, except
all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, logos and the like
("Content"),
are owned by or licensed to eWall of Fame, subject to copyright
and other intellectual property rights under Belgian and
foreign laws and international conventions. Content on the Website
is provided to you AS IS for your information and personal use
only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written
consent of the respective owners. eWall of Fame reserves all
rights not expressly granted in and to the Website and the Content.
You agree to not engage in the use, copying, or distribution
of any of the Content other than expressly permitted herein,
including any use, copying, ordistribution of User Submissions
of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable
or otherwise interfere with security related features of the
eWall of Fame Website or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the
eWall of Fame Website or the Content therein.
5. User Submissions
A. The eWall of Fame Website may now or in the
future permit the submission of images submitted by you and
other users ("User Submissions") and the
hosting, sharing, and/or publishing of such User Submissions.
You understand that whether or not such User Submissions are
published, eWall of Fame does not guarantee any confidentiality
with respect to any submissions.
B. You shall be solely responsible for your own
User Submissions and the consequences of posting them. In connection
with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents,
and permissions to use and authorize eWall of Fame to use all
patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service; and (ii) you have the
written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual
person to enable inclusion and use of the User Submissions in
the manner contemplated by the Website and these Terms of Service. For
clarity, you retain all of your ownership rights in your User
Submissions.
However, by submitting the User Submissions to eWall of Fame,
you hereby grant eWall of Fame a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions
in connection with the eWall of Fame Website and eWall of Fame's
(and its successor's) business, including without limitation for
promoting and redistributing part or all of the eWall of Fame
Website (and derivative works thereof) in any media formats and
through any media channels. You also hereby grant each user of
the eWall of Fame Website a non-exclusive license to access your
User Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under
these Terms of Service. The foregoing license granted by you terminates
once you remove or delete a brick from the eWall of
Fame Website, wich can be done by simple request to us.
C. In connection with User Submissions,
you further agree that you will not: (i) submit material that
is copyrighted, protected by trade secret or otherwise subject
to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant
eWall of Fame all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage eWall
of Fame or any third party; (iii) submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; (iv)
post advertisements or solicitations of business: (v) impersonate
another person. eWall of Fame
does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and eWall of Fame expressly disclaims
any and all liability in connection with User Submissions. eWall
of Fame does not permit copyright infringing activities and
infringement of intellectual property rights on its Website,
and eWall of Fame will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes
on another's intellectual property rights. eWall of Fame reserves
the right to remove bricks without prior notice. eWall of Fame
will also terminate a User's access to its Website, if they
are determined to be a repeat infringer. A repeat infringer
is a User who has been notified of infringing activity more
than twice and/or has had a User Submission removed from the
Website more than twice. eWall of Fame also reserves the right
to decide whether Content or a User Submission is appropriate
and complies with these Terms of Service for violations other
than copyright infringement and violations of intellectual property
law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. eWall of Fame may remove such
User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any
time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright
owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may submit
a notification pursuant to the directive 2001/29/EG of the European
Parliament and the Council of 22 May 2001 by providing our Copyright
Agent with this information in writing.
(i) A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) 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 at that site;
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
(v) 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
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
eWall of Fame's designated Copyright Agent to
receive notifications of claimed infringement is: Jeroen Verkarre,
Warvinge 75, B-8421 De Haan, Belgium (Europe), email: copyright@eWallofFame.com,
telephone: +32 (0)59 32 62 11. For clarity,
only directive 2001/29/EG notices should go to the Copyright Agent.
E. You understand that when using the eWall of Fame Website, you will
be exposed to User Submissions from a variety of sources, and
that eWall of Fame is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such
User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby
do waive, any legal or equitable rights or remedies you have or
may have against eWall of Fame with respect thereto, and agree to indemnify
and hold eWall of Fame, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters
related to your use of the site.
6. How to win
A. The Website provides a scheme
which allows its qualifying voters potentially to win $50,000
simply by casting votes wich can be bought at the eWall of Fame
and should be casted on bricks hosted on the eWall of Fame Website ("the site").
Each 100,000th voter wins $50,000. PLEASE
NOTE THAT IF YOU ARE NOT A QUALIFYING USER, AS SET OUT IN THESE
TERMS: YOU WILL NOT BE ABLE TO WIN THE CASH SUM AND WE HAVE THE
RIGHT TO TERMINATE YOUR ACCOUNT WITH US.
B. Voters can buy as many votes as they want.
With these votes the can cast one or more vote(s) on one or more
brick(s) on the eWall of Fame. Every time there are 100,000 votes
made the voter who made that 100,000 th vote (the winner) receives
$50,000 and the counter is resetted back to zero ("0"). Each Round,
as defined below, voters can vote as many times as wanted.
C. The eWall of Fame prize fund for each Round
will be $50,000 received
by Us in exchange for bricks which are to be placed
on the eWall
of Fame and votes to be made on the eWall of Fame.
D. Once You have registered
with the Website as voter (see Registration details below) You
can cast a vote on any brick in the eWall of Fame by clicking
on it ("Entry").
There is no limitation in the number of votes you can make each
day. The Entries which You record in any given day may be made
by clicking on more than one Advert. Please note that each Advert
links through to a website not controlled by Us.
E. Any clicks on a brick made after the 100,000th
will be recorded in the new Round wich will start again at zero
("0").
6b. Where You are the Winner
A. If You are selected as the Winner We will
contact You using the details You provide upon Registration (as
defined below) as soon as reasonably possible to ascertain that
you are a qualifying user and to discuss arrangements by which
to transfer the $50,000 to You.
B. In the event that We are unable to contact
the Winner within 14 days of their selection as the Winner or
are unable to agree a suitable method of payment for the $50,000
to the Winner We will be entitled to disqualify the Winner from
the relevant Round of the eWall of Fame and will contact the next
voter ("100,001th") and do so on untill we have a qualifying winning
user.
C. We are not under any obligation to make payment
of the $50,000 to any person with a verifiable name other than
that provided at Registration, although We may choose to do so
at Our sole discretion. In the event that You are selected as
the Winner You are found the name You provided at Registration
is not Your verifiable real name or You fail to provide Us with
photo identification and proof of Your identity and/or address
and/or You fail to provide Us with evidence of any change to the
details You provided on Registration where requested within 14
days of being selected as the Winner We may elect to disqualify
You from the relevant Round of eWall of Fame and select the next
voter ("100,001th") . We will do so untill we have
a qualifying winning user. We will not make payment
of the $50,000 to any person who is not a qualifying user.
D. The Winner for each Round will be published
on the Website and, will be
entitled to the $50,000. Any reasonable charges or costs of
conversion related to the payment of the $50,000 to the Winner
will be met by Us.
E. Following Our discussion with the Winner, in
addition to paying the $50,000 to the Winner, we will also make
a donation of $50,000 to the "Make-a-Wish Foundation" Belgium
Vlaanderen.
F. In the event that You are the Winner in any
Round You consent to the use of Your name and likeness for advertising
purposes, including but not limited to Your name being announced
on the Website, and to participate in publicity for eWall of Fame
as reasonably instructed by Us.
G. Please note that Adverts may be added to
or removed from the eWall of Fame from time to time.
7. REGISTRATION, PASSWORDS AND SECURITY
In order to be a qualifying voter or brick
owner in the eWall of Fame You must register via the specific section
of the Website.
A. Registering as voter
a. You can register as voter by choosing a unique
account name and password and entering other information that
We ask for on Our registration form such as (but not limited to)
Your first and last name, email address, and
contact details ("Registration"). Following Registration
You will be granted an eWall of Fame account ("Account").
Your Account is personal to You and may not be sold or otherwise
transferred to any other person.
b. You shall ensure that the details provided
at Registration are accurate and kept up to date. You can change
the details You provide at Registration at any time. Please note
that We are under no obligation to make payment of the $50,000
to any person who is unable or refuses to provide evidence of
any change to the details which they provided upon Registration
where requested to do so.
c. Please note that You should use Your real,
verifiable, name when completing Your Registration. We are not
under any obligation to make payment of the $50,000 to any
person with a verifiable name other than that which is provided
at Registration.
d. Please note that prior to the final selection
of the Winner We will verify, and have the right to commission
an independent expert to verify, that every potentially winning
user is a qualifying user, as set out in these Terms and conditions.
In the event that We cannot reasonably verify, or our independent
expert cannot reasonably verify, that a potentially winning user
is a qualifying user, that user will not be drawn as the Winner
and We will not make payment of the $50,000 to that non-qualifying
user. We will not make payment of the $50,000 to any person who
is found to not to be a qualifying user.
B. Registering as brick owner
a. You can register as a brick owner by choosing
your unique image as brick, a title, a personal link, a name and
password and entering other information that We ask for on Our
registration form such as (but not limited to) Your first and
last name, email address, and contact details ("Registration").
Following Registration You will be granted an eWall of Fame account
("Account"). Your Account is personal to You
and may not be sold or otherwise transferred to any other person.
b. You shall ensure that the details provided
at Registration are accurate and kept up to date. You can change
the details You provide at Registration at any time. Except for
the image wich is defenit.
c. By registering as brickowner you also get 10
votes wich you can use as normal votes.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE EWALL OF FAME WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, EWALL OF FAME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE WEBSITE AND YOUR USE THEREOF. EWALL OF FAME MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS
SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR 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 eWall of Fame
WEBSITE. eWall of Fame DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE eWall of Fame WEBSITE OR
ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND eWall of Fame WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL EWALL OF FAME, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE eWall of Fame WEBSITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT eWall of Fame SHALL NOT BE LIABLE
FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by eWall
of Fame from its facilities in the European Union. eWall of Fame
makes no representations that the eWall of Fame Website is appropriate
or available for use in other locations. Those who access or use
the eWall of Fame Website from other jurisdictions do so at their
own volition and are responsible for compliance with local law.
10. Indemnity
You agree to defend, indemnify and hold harmless eWall of Fame, its
parent corporation, 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: (i) your use of and access to
the eWall of Fame Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the eWall of Fame
Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years
of age, or an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide
by and comply with these Terms of Service.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned
by eWall of Fame without restriction.
13. General
You agree that: (i) the eWall of Fame Website
shall be deemed solely based in Bruges (Belgium); and (ii) the
eWall of Fame Website shall be deemed a passive website that does
not give rise to personal jurisdiction over eWall of Fame, either
specific or general, in jurisdictions other than Bruges. These
Terms of Service shall be governed by the internal substantive
laws of Belgium, without respect to its conflict
of laws principles. Any claim or dispute between you and eWall
of Fame that arises in whole or in part from the eWall of Fame
Website shall be decided exclusively by a court of competent jurisdiction
located in Bruges, Belgium. These Terms of Service,
together with the Privacy Notice at http://www.eWallofFame.com/privacy.htm and
any other legal notices published by eWall of Fame on the Website,
shall constitute the entire agreement between you and eWall of
Fame concerning the eWall of Fame Website. If any provision of
these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms of Service,
which shall remain in full force and effect. No waiver of any
term of this these Terms of Service shall be deemed a further
or continuing waiver of such term or any other term, and eWall
of Fame's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or
provision. eWall of Fame reserves the right to amend these Terms
of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of
the eWall of Fame Website following
any amendment of these Terms of Service will signify your assent
to and acceptance of its revised terms. YOU AND eWall of Fame
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
EWALL OF FAME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
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