This web page represents a legal document that serves as the Terms of Service for our website, www.viralsweep.com (“Website”), as owned and operated by ViralSweep, LLC (“ViralSweep”). When referring to our Website, our Service (as defined herein) is always included by reference, but we may also refer to our Website and Service separately. The last update to our Terms of Service was posted on November 12, 2014.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The terms “us” or “we” or “our” refers to ViralSweep.
A “Child” is someone under the age of 18 years old.
A “Contest” is a contest or sweepstakes that a Member offers to Contestants.
A “Contestant” is a participant in a Member’s Contest. A Contestant is not an actual User of our Service and Website, though their information will be stored as part of our Service.
A “Member” (also “you” or “your”) is a business or organization that has registered to use our Service as part of offering Contests.
Our “Service” allows our Members’ to configure, collect, and manage data for their Contests using tools as offered through our Website.
A “Visitor” is someone who merely browses our Website.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”. We may refer to Content provided by our Members as “Member Content.” When we refer to our Website, our Content is included by reference, but we may refer to each individually as well.
ViralSweep grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms.
Our Website is strictly a venue. ViralSweep does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and ViralSweep or our affiliates.
By using our Service, you understand that you are solely responsible for all aspects of your Contests. You understand that ViralSweep is solely a platform for collecting the data for your Contests; we have no liability nor do we make any guarantees regarding any aspect of your Contests, including, but not limited to, whether a Contest is legal, making sure Contestants follow Contest rules, and administering any part of a Contest. While we may offer you standard contest rules that you may use for your Contests, you acknowledge that we offer no legal advice of any kind. We make no warranties or guaranties as to whether any information and/or contest rules that we provide are applicable to your Contests. Your use of such information and/or contest rules is at your own risk and you fully acknowledge that such information is not guaranteed by anyone, including ViralSweep, to be accurate, timely, or applicable to you. You should always seek advice and information from qualified legal professional before operating a Contest.
To use our Service, you must register with our Website to become a Member. You certify that you are not a Child; a Child is prohibited from using our Website. You agree to and to abide by all of the terms and conditions of our Legal Terms. ViralSweep has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will create a password that will allow you to access our Application. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security regarding your account or information. You agree that ViralSweep shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Any image you upload to our Website is considered Member Content. By uploading Member Content, you warrant to ViralSweep that you have legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated image. You are solely responsible for insuring that you do not infringe the rights of any third parties in such Member Content and for any legal damages caused by your transmission, use, or display of Member Content.
You understand Member Content may contain material that is considered offensive, indecent, or objectionable. We have no control over Member Content provided by Members and do not in any way guarantee the quality, accuracy or integrity of such Member Content. ViralSweep is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, ViralSweep will submit all necessary information to the proper authorities.
If your Member Content is reported to ViralSweep as being in violation of third party rights, offensive or inappropriate, we may ask you to retract or otherwise modify the questionable content within 24 hours of being notified by ViralSweep. Should you fail to comply with such a request, ViralSweep has full authority to either restrict your ability to post OR to immediately terminate your Member account without further notification to you. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates our Legal Terms or is otherwise objectionable in our sole discretion.
You acknowledge that ViralSweep is NOT liable for loss or damage to Member Content nor do we warrant that we may have a backup of your Member Content. You should always maintain your own backup copies of Member Content.
ViralSweep does not make any ownership claims to your Member Content. However, by uploading Member Content, you grant ViralSweep a perpetual, world-wide, royalty-free, irrevocable license to use, display, and redistribute your Member Content in any form we see fit.
While we are not required to, ViralSweep attempts to comply with the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512), though we are not legally bound to do so. If you believe our Website infringes any of your copyrights, please provide us with a written notice via mail, fax, or email that contains the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Website;
Your address, telephone number, and email 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 the 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 owner or authorized to act on the copyright owner’s behalf.
ViralSweep will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
You agree not to use our Website or Service to do any of the following:
1) upload, post or otherwise transmit any Member Content or operate a Contest that:
- violates any local, state, federal, or international laws.
- infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
- links directly or indirectly to any materials to which you do not have a right to link.
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
- contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Website or hardware or telecommunications equipment, or to extract information from our Website.
- contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
- in the sole judgment of ViralSweep, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose ViralSweep, our affiliates, or our Users to any harm or liability of any type.
2) use our Content to:
- develop a competing Website or help anyone else to do the same.
- create compilations or derivative works from our Website as defined under copyright laws.
- re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- decompile, disassemble or reverse engineer our Website.
- use our Website in any manner that violates our Legal Terms or any local, state, federal, or international laws.
3) use your account to:
- allow anyone to login that is not part of your company or organization.
- violate any local, state, federal, or international laws.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyrights. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind.
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. ViralSweep has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
ViralSweep reserves the right to change any and all Content and features of our Website, at any time without notice. ViralSweep assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. ViralSweep is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, failure of email on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware, related to or resulting from using, uploading, or downloading/uploading materials in connection with our Website. Under no circumstances will ViralSweep be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, for any Contests, or for any interactions between Users, Contestants, our any other parties, whether online or offline.
OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VIRALSWEEP, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. VIRALSWEEP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. VIRALSWEEP DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VIRALSWEEP. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
ViralSweep, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.
VIRALSWEEP AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DATA PRIVACY/BREACH ISSUES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. VIRALSWEEP AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL VIRALSWEEP OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF VIRALSWEEP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIRALSWEEP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.
ViralSweep offers free accounts on an “as-is” basis at our sole discretion. You understand you are limited to a single Free Account and that attempting to register for multiple free accounts is a violation of our Legal Terms. ViralSweep has no duty to provide free accounts and has no liability to you if you cannot obtain one or if we stop offering free accounts. We can stop offering free accounts at any time without notice or liability to you at our sole discretion.
By signing up for a paid account, you represent and warrant that when you make any payments to ViralSweep for use of our Website:
- You agree to pay the fees at our then-current prices as posted on our website, including any applicable taxes
- You agree to provide true and complete credit information;
- You agree that fee will be honored by your bank or credit card company;
- You agree that all charges are non-refundable and that we offer no credits for unused periods;
- You agree that you will not start a chargeback for any fees for our Services;
- You agree that your continued use of our Service constitutes authorization for us to continue billing your payment method at each billing cycle until such time as you terminate your account using the functionality as provided on our Website (emails and/or telephone calls to us do NOT constitute a termination of your account);
- You agree that if your payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment;
- You agree that if we cannot charge your payment method, we reserve the right to suspend your access to the Service until payment is made, but that such suspension does not relieve your duty to pay the fees due; AND
- You agree that if we have not received payment within thirty (30) days, we can terminate your account with notice, and take any necessary legal action to collect amounts due from you.
ViralSweep reserves the right to add new services for additional fees, or amend fees and charges for existing services, at any time in its sole discretion. Any pricing changes or payment terms shall become effective in the billing cycle following notice of such change to you as provided in our Legal Terms.
ViralSweep has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue with any payment for using our Website. However, if you start a charge-back process regarding our Website with your bank or credit card company, ViralSweep reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use our Website and you will be liable for any administrative costs we incur in processing the charge-back.
You agree to indemnify, defend and hold harmless ViralSweep and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your Contests, violation of our Legal Terms, or your use of our Website.
You acknowledge that if you violate the terms of our Legal Terms, ViralSweep reserves the right to terminate your account without notice. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to our Website, any Contest data, and any Member Content you have provided. You understand that after termination, we are not required to provide you with Contest data, nor are we required to maintain copies of Member Content or Contest data, though we may choose to do so at our sole discretion.
Any legal controversy or legal claim arising out of or relating to our Website, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, your interference with our operations of our Website, or infringement of our intellectual property, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before a single arbitrator selected at random by the Association, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within the State of Connecticut or elsewhere as necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, though the prevailing party may seek return of its fees and costs, including reasonable attorney fees.
Our Legal Terms shall be treated as though it were executed and performed in the State of Connecticut, and shall be governed by and construed in accordance with the laws of the State of Connecticut without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of ViralSweep under our Legal Terms shall survive the termination of our Legal Terms.