Overview Winstakes.com is a multi-purpose service which allows you to use or access a wealth of products and services, including e-mail, search services, chat rooms and bulletin boards, shopping services, news, financial information and broad range of other content (collectively the "Winstakes.com Service"). These Terms of Service apply to the Winstakes.com Service as well as any new products or services that we may add in the future (unless stated otherwise). Please be aware that Winstakes.com also operates an ongoing Sweepstakes. In order to register with Winstakes.com and in order to participate in the Winstakes.com Sweepstakes, you must be 13 or older and a resident of either the U.S. and its territories or Canada (excluding the Province of Quebec). The rules applicable to participation in the Winstakes.com Sweepstakes, which are incorporated herein by reference, may be found here. General Terms of Service By using the Winstakes.com Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Winstakes.com reserves the right to terminate your access the Winstakes.com Service. Winstakes.com may discontinue or alter any aspect of the Winstakes.com Service, including, but not limited to, (i) restricting the time the Winstakes.com Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Winstakes.com Service, at Winstakes.com's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Winstakes.com Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Winstakes.com Service. You further certify that you are an individual and, if you are participating in the Winstakes.com Sweepstakes, that you are 13 or older. In order to permit Winstakes.com to protect the quality of its products and services, you hereby consent to Winstakes.com employees being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse. Winstakes.com shall not disclose the existence or occurrence of such an investigation unless required by law. You acknowledge that the Winstakes.com Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Winstakes.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Winstakes.com name and logo are trademarks of Winstakes.com, Inc. All other trademarks appearing on the Winstakes.com Service are trademarks of their respective owners. Winstakes.com's partners may also have additional proprietary rights in the content which they make available through the Winstakes.com service. Registration If you elect to register to use the Winstakes.com Service and/or participate in the Winstakes.com Sweepstakes, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Winstakes.com Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Winstakes.com has reasonable grounds to suspect that such is the case, Winstakes.com has the right to suspend or terminate your account and refuse any and all current or future use of the Winstakes.com Service (or any portion thereof). Winstakes.com's Privacy Policy Pursuant to Winstakes.com's privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service or Sweepstakes Rules. For more information, please see our full Privacy Policy and Sweepstakes Rules. Links The Winstakes.com Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Winstakes.com has no control over such sites and resources, you acknowledge and agree that Winstakes.com 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 Winstakes.com 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. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WINSTAKES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WINSTAKES.COM SERVICE AND/OR PARTICIPATE IN THE WINSTAKES.COM SWEEPSTAKES ; OR (v) ANY OTHER MATTER RELATING TO THE WINSTAKES.COM SERVICE OR OPERATION OF THE WINSTAKES.COM SWEEPSTAKES. IN NO EVENT SHALL Winstakes.com¹S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. 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 MAY NOT APPLY TO YOU. Indemnification YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WINSTAKES.COM INC., THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY WINSTAKES.COM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU. Termination and modification You agree that Winstakes.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Winstakes.com Service, and remove and discard any Content within the Winstakes.com Service, for any reason, including, without limitation, for lack of use or if Winstakes.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Winstakes.com may also in its sole discretion and at any time discontinue providing the Winstakes.com Service, or any part thereof, with or without notice. Subject to any rights you may have under the Sweepstakes Rules, you agree that any termination of your access to the Winstakes.com Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Winstakes.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Winstakes.com Service. Further, you agree that Winstakes.com shall not be liable to you or any third-party for any termination of your access to the Winstakes.com Service. Governing Law and Other Miscellaneous Terms These terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of New Hampshire and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Winstakes.com relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Winstakes.com's successors, assigns and licensees. Access a Wealth of Valuable Services! Winstakes.com is a multi-purpose service which allows you to use or access a wealth of products and services... By using the Winstakes.com Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement