PowerReviews, Inc. Terms of Submission

Introduction. Thank you for submitting UGC (as defined below) through the PowerReviews, LLC., a wholly-owned subsidiary of Bazaarvoice, Inc., ("we", "our", "PowerReviews" or "Bazaarvoice") services. The UGC submitted by consumers such as yourself is helpful to many parties including other consumers, retailers and manufacturers. You probably already know UGC is heavily relied-upon by consumers that are considering purchases. What you may not know is that UGC is also used by product retailers and manufacturers for many other purposes, including product development and improvement, making decisions on which products to stock and marketing. By submitting content you are helping improve both the shopping experience and the product and service quality for the entire market. PowerReviews would like to be the first to thank you for your contribution!

We have found that there are a number of common questions that consumers have about the submission process. We have tried to answer those questions as thoroughly as possible, below. Please review these questions and explanations because they control your submission of UGC. If you've read the below and still have questions or would like further explanation you can contact our Privacy Team at privacy@PowerReviews.com, and they will get back to you as soon as possible.

What do PowerReviews and its clients need to use the UGC: In order to use the UGC as described in these terms, PowerReviews needs a license to use the UGC. Accordingly, you hereby grant PowerReviews, PowerReviews's clients and each of their sublicensees and affiliates a perpetual, unlimited, nonexclusive, fully sublicenseable, irrevocable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant PowerReviews, PowerReviews's clients and each of their sublicensees and affiliates the right to use your name and likelihood that you submit in connection with such content.

What you may post: Depending on the PowerReviews service, you may post reviews, comments, photos, questions and other user-generated content (collectively "UGC").

What you may not post: You may not post any UGC that is illegal, obscene, threatening, defamatory, infringes the intellectual property rights of any party, contains software viruses, commercial solicitation, chain letters, mass mailings or any form of spam. Additionally, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any UGC. PowerReviews reserves the right, but not the obligation, to remove any UGC from a website on the PowerReviews network for any reason or no reason.

What happens to UGC that you submit: Any UGC you submit may be used for other advertising purposes and posted to publicly-facing websites, including other websites across the Internet on the PowerReviews network in addition to the website that you originally submitted the UGC. Accordingly, please do not post anything that you do not want to share with the general public (for example, financial information, social security number, etc.). In addition, as mentioned in the introduction, the UGC that you submit may be used for advertising, analytic and other statistical purposes including, for example, product improvement, benchmarking (e.g. where various products/services or categories of products/services are compared against each other or against the market as a whole), sentiment analysis (e.g. using the data from multiple reviews it is possible to determine how consumers as a whole feel about a product/service), and online behavioral advertising.

What you are promising by submitting UGC: By submitting UGC you represent and warrant that: (i) you are the sole owner of the UGC; (ii) the UGC is accurate; (iii) you are at least thirteen (13) years old; and, (iv) the UGC you submit does not violate these Terms of Use. Because you are solely responsible for what you post, you also agree to indemnify PowerReviews and PowerReviews's clients for a breach of your representations and warranties.

Where you can find additional information on PowerReviews's use of the UGC: PowerReviews's use of any UGC you submit is subject to PowerReviews's Privacy Policy, which can be found at http://www.powerreviews.com/legal/privacy_policy_en_US.html.

What happens if there is a dispute: You agree that all disputes between you and Bazaarvoice (whether or not such dispute involves a third party) with regard to your relationship with Bazaarvoice, including without limitation disputes related to these Terms of Use, your use of this Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Bazaarvoice hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Bazaarvoice will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Bazaarvoice is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Bazaarvoice or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Bazaarvoice can require the other to participate in an arbitration proceeding. To opt out, you must notify Bazaarvoice in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Bazaarvoice, Inc.

ATTN: Legal - Arbitration Opt Out

3900 N. Capital of Texas Hwy, Suite 300

Austin, Texas 78746

privacy@bazaarvoice.com