Effective 11/1/2005, Last Modified 06/08/12

• Review Service – The Review Service provides a platform that enables users of the Sites or the Host Site ("Users") as well as employees and other representatives of the Sites or the Host Site to post reviews, ratings and comments about certain products and services (collectively, "Reviews").

• Answer Service – The Answer Service provides a platform that enables Users to post questions about certain products and services, which other Users, employees, or other representatives of the Sites or the Host Site can answer or address ("Responses").

• Loyalty Program Service - The Loyalty Program Service provides a platform that enables the Host Sites to offer incentives for you to use the Host Site through gamification such as points, badges, and incentives (collectively, "Recognition"), as determined by the Host Site. For example, you may earn Recognition by being the first person to provide a response to a User question posed through the Answer Service. The applicable Host Site, not PowerReviews, determines how you may acquire, use, and redeem Recognition and is solely responsible for any Recognition it provides or its implementation of its Loyalty Program. The applicable Host Site is solely responsible for the terms that apply to the Loyalty Program for such Third-Party Site (the "Loyalty Program Terms"). POWERREVIEWS WILL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR THE OPERATION OF ANY LOYALTY PROGRAM, INCLUDING FOR YOUR ACQUISITION, USE OR REDEMPTION OF, OR YOUR INABILITY TO ACQUIRE, USE OR REDEEM, RECOGNITION

• stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users or harm minors in any manner;

• attempt to disguise the origin of any Contributor Content transmitted to the Services whether through the Sites or any Host Sites;

• act in any manner that negatively affects other users' ability to use the Services or that could damage, disable, overburden or impair the functioning of the Sites or the Host Sites in any manner;

• impersonate any person or entity, including, without limitation, a site moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• interfere with the Sites or Services, or servers or networks connected to the Sites or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites or Services;

• use the Service to send any unsolicited commercial messages or for any illegal or unauthorized purpose or to engage in, encourage, or promote any illegal activity, or any activity;
  • Use any robots or other automatic means of accessing, contributing, monitoring, participating in or otherwise using the Site, the Host site or the Services in any way; and

  • upload, post, or otherwise transmit any Contributor Content that:
    • with respect the Review Service or Answer Service, is not relevant to the product, service, person, or entity being reviewed or inquired about, does not reflect the user's honest opinions and experiences, or does not disclose any material connections;

    • is fraudulent, deceptive, false or misleading or contains any unsubstantiated claims,

    • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, indecent, libelous, invasive of another's privacy, hateful, abusive, inflammatory, or racially, ethnically, or otherwise objectionable;

    • suggests or describes unlawful, dangerous or inappropriate uses of any products or services;

    • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    • contains software viruses, Trojans, worms, corrupted data or any other computer code, files, or programs that are harmful or are designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

    • infringes or violates any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or other rights of any person or entity; or

    • is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

  
  
  You are prohibited from violating the security of any system or network comprising the Sites or the Services. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
  
  
  • Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of the Sites or Services or to breach security or authentication measures;

  • Unauthorized monitoring of data or traffic on the Site or Services;

  • Interference with the Sites or Services including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks;

  • Forging of any packet header, any e-mail header, or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers; and

  • Using manual or electronic means to avoid any use or access limitations placed on the Sites or Services.

  
  
  Ownership of Contributor Content
  
  Unless otherwise specifically provided in connection with the Services, by submitting Contributor Content, you hereby irrevocably assign and transfer to PowerReviews all of your rights, title and interest, on a worldwide basis, including, without limitation, all intellectual property rights and moral rights, in and to such Contributor Content. When submitted in connection with a Host Site, PowerReviews generally assigns such Contributor Content to the Host Site. To the extent the preceding assignment and transfer is ineffective, grant PowerReviews an exclusive, irrevocable, royalty-free, perpetual and fully sublicensable, and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, syndicate, create derivative works from and publicly display such Contributor Content throughout the universe in any media, now known or hereafter devised. You also grant PowerReviews, its affiliates and sublicensees the right to use the name, photo, or other identifier, or any portion thereof, submitted in connection with such Reviews, if they so choose. You represent and warrant that (i) such Contributor Content is either original to you, or all third party rights have been fully cleared for use as contemplated by these Terms of Use; (ii) such Contributor Content does and will not, in any way, violate or breach any of the terms of these Terms of Use, and (iii) PowerReviews shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Contributor Content.
  
  Without limiting the foregoing, once Contributor Content is submitted to PowerReviews, PowerReviews may take any or no action with respect to such Contributor Content, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Contributor Content. Further, Host Sites may elect to delete, edit, modify, reject, or refuse to post Contributor Content on their sites. PowerReviews shall have no duty to attribute authorship of Contributor Content to you, and shall not be obligated to enforce any form of attribution by third parties.
  
  Waiver of Moral Rights
  
  If, despite the foregoing assignment and transfer of rights in the Contributor Content, it is determined that you retain any moral rights (including rights of attribution or integrity) in the Contributor Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Contributor Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Responses by PowerReviews or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Contributor Content; and (d) you forever release PowerReviews, and its licensees, successors and assigns, from any claims that you could otherwise assert against PowerReviews by virtue of any such moral rights.
  
  Copyright and License
  
  All content and materials on the Sites and available through the Services, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection and arrangement thereof (collectively, "Materials") are the proprietary property of PowerReviews and/or its licensors or Users and are protected by U.S. and international copyright laws.
  
  PowerReviews grants you a limited license to make personal use of the Sites, the Services and the Materials for your information purposes only. This license is subject to these Terms of Use, and does not include the right to: (a) use the Sites, the Services or the Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Sites, or the Services, including any images, text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Sites or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
  
  You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of PowerReviews or any third party. Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
  
  Trademarks and Service Marks
  
  "Power Reviews," "PowerReviews.com," "PowerReviews," "Buzzillions," "PowerReviews Express," and PowerReviews' logos, are trademarks, service marks or registered trademarks of PowerReviews or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of PowerReviews or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without PowerReviews' permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of PowerReviews, and may not be copied, imitated, or used, in whole or in part, without PowerReviews' prior written permission. All other PowerReviews names or logos mentioned on the Sites or with the Services, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PowerReviews.
  
  Copyright Complaints
  
  If you believe your work or content has been copied and posted to the Sites or the Services in a way that constitutes copyright infringement, please provide PowerReviews' copyright agent the following written information in accordance with the Digital Millennium Copyright Act (DMCA):
  • 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 upon;

  • A description of where the material that you claim is infringing is located on the Sites;

  • 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.

  
  
  PowerReviews' DMCA Copyright Agent for notice of claims of copyright infringement on the Sites is PowerReviews' General Counsel, who can be reached as follows:
  
  Andy Chen
  PowerReviews, Inc.
  22 Fourth Street, Suite 600
  San Francisco, CA, 94103
  E-mail: copyright_info@powerreviews.com
  Phone: (415) 315-9176
  Facsimile: (866) 864-6202
  
  
  Third Party Links, Content, Products and Services
  
  The Sites, the Host Sites and the Services may provide links to other sites or content ("Third Party Content") or may provide information regarding or access to third-party products and services ("Third-Party Products and Services"). PowerReviews has no control over such Third Party Content or Third-Party Products and Services, and therefore makes no representations or warranties regarding, and expressly disclaims responsibility for, any Third Party Content or Third-Party Products and Services, including regarding the quality, accuracy, content, nature, safety or reliability thereof.. Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. PowerReviews provides links to you only as a convenience, and the inclusion of any link or information on the Sites or Services does not imply PowerReviews' affiliation, endorsement, or adoption of the Third Party Content or Third-Party Products and Services. When you link to a third-party site, you should review applicable terms and policies, including the privacy and data gathering practices, of the Web sites of any third parties.
  
  
  
  
  Enforcement
  
  Notwithstanding anything to the contrary in these Terms of Use, PowerReviews reserves the right, but does not assume the obligation, to investigate any violation of these Terms of Use or any other misuse of the Sites, the Services, or its systems, equipment, or network. PowerReviews and all operators of Host Sites hosting the Services further reserves the right (each in its sole discretion) to screen, edit, modify, remove, or disable access to any Contributor Content that violates these provisions or that PowerReviews or the Host Site operator deem objectionable. Without limitation of the foregoing, and notwithstanding anything contrary in its Privacy Policy, PowerReviews reserves the right to report any activity or persons (including the disclosure of appropriate subscriber information) to appropriate law enforcement officials, regulators, or other appropriate third parties that PowerReviews suspects has violated any law or regulation. PowerReviews also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at PowerReview' discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites or the Services will not contain any content that is prohibited by such rules.
  
  INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS OF USE, AND ACTUAL OR ATTEMPTED VIOLATIONS THEREOF BY A THIRD PARTY ON BEHALF OF ANY USER, SHALL BE CONSIDERED VIOLATIONS OF these Terms of Use BY SUCH USER.
  
  
  No Warranties
  
  THE SITES, THE SERVICES, AND THE MATERIALS, INCLUDING ALL CONTRIBUTOR CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES, THE HOST SITES AND THE SERVICES, INCLUDING ALL CONTRIBUTOR CONTENT DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, HOST SITES AND THE SERVICES, IS AT YOUR SOLE RISK. POWERREVIEWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, THE HOST SITES OR THE SERVICES, AND ANY CONTRIBUTOR CONTENT. POWERREVIEWS DOES NOT REPRESENT OR WARRANT THAT SUCH CONTRIBUTOR CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE. POWERREVIEWS IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, ANY HOST SITES OR THE ACTIONS OF ANY CONTRIBUTORS OR USERS OF THE SITES OR THE HOST SITES.
  
  POWERREVIEWS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, RATINGS OR PHOTOGRAPHY. POWERREVIEWS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) OR THE SERVICES AND THE SERVERS OF APPLICABLE HOST SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
  
  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  
  Limited Liability
  
  IN NO EVENT SHALL POWERREVIEWS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE HOST SITES, THE MATERIALS OR THE CONTRIBUTOR CONTENT OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
  
  Applicable Law and Venue
  
  These Terms of Use and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
  
  Children
  
  The Sites and its Services are not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, you are not authorized to submit any Contributor Content or provide any personal information to the Sites or the Review Service, and you understand that doing so is a violation of these Terms of Use.
  
  Changes to these Terms
  
  PowerReviews reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy of the Sites, from time to time at any time and in its sole discretion. If PowerReviews decides to change these Terms of Use or a Sites policy, it will post a new version on the Sites and update the effective date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of any of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and the Services.
  
  General Terms
  
  PowerReviews reserves the right, without notice and in PowerReviews' sole discretion, to terminate your license to use the Sites and to block or prevent future access to and use of the Sites. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
  
  
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