These Terms and Conditions govern your use of the TBWE site. If you use this site (whether passively reviewing its content, being a participating brand for free, paid advertiser, or actively participating in votes), you indicate your acceptance to these terms and conditions. If you do not agree to these terms and conditions, or are dissatisfied with this Site or its content, you agree that your sole and exclusive remedy is to discontinue using TBWE and to cancel your participation with the Site.
You understand and agree that TBWE is provided on an AS IS and AS AVAILABLE basis. TBWE disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Service. TBWE reserves the right to modify, suspend or discontinue its services with or without notice to Members, participating brands, and paying advertisers at any time and effective immediately. TBWE will not be liable to any member, brand, advertiser, or any third party should TBWE exercise its right to modify or discontinue its services. TBWE and our participating brands will not be liable for any pending prizes associated with any account should that account be disabled for any reason.
TBWE membership is free for voting users as well as brands. Membership in the TBWE service is void where prohibited. Following the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years old to register with TBWE. Only those users who are at least 13 years old at the time of TBWE registration and have a valid email address can enroll in the TBWE LLC Program (“Program”) and potentially receive prizes/be thanked by participating brands. Only those users who are at least 13 years old at the time of TBWE registration, current United States residents, and have a valid email address can enroll in the TBWE LLC Program (“Program”) and potentially receive prizes from TBWE itself. This decision was made because of the various rules and laws different countries of the world have with regards to their own citizens receiving prizes from companies, such as TBWE, who reside within the United States. TBWE’s mission is not to necessarily reward its own prizes to our users, but rather to notify our participating brands, who have their own corporate headquarters all over the world, whenever users vote for them and beat their odds and in doing so qualify to win a prize or be thanked from our participating brands.
Those residing outside of the United States who are at least 13 years old at the time of TBWE registration and have a valid email address may sign up and register as members of TBWE and take part in TBWE’s services (voting, comment/message boards, chat rooms, personal profiles), but are not currently eligible to receive prizes from TBWE. TBWE will notify our participating brands whenever any TBWE user votes for them and beats their odds (qualifies to win a prize) regardless of whether a user resides in the United States or not, however, and the prize policies of participating TBWE brands will undoubtedly vary. In other words, unlike TBWE, participating TBWE brands may or may not choose to reward their own prizes to those residing outside of the United States for their own reasons (legalities), and TBWE is not responsible for their decisions.
Prizes from TBWE are only currently available to those individuals fulfilling the previous stated requirements (at least 13 years of age with valid email address) residing in the United States of America. Those Winning Users between 13 and 18 years of age may need their legal guardian’s permission for certain prizes to be mailed to that user’s given mailing address. For this reason, TBWE as well as our participating brands may require a user’s phone number for prize redemption to fully succeed. Again, the prize redemption policies of our participating brands will vary and are not TBWE’s responsibility. For example, some participating brands may choose to only reward TBWE users who reside in a specific state of the United States because their business resides in that one state and prize redemption may only be able to take place within the store itself and/or within a specific period of time.
For purposes of this Agreement, “United States” or “United States of America” shall be defined as the fifty (50) states of the Union and territories including Midway Islands, Puerto Rico, American Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana Islands, Palau and Guam.
Enrollment and participation in the TBWE site from a voting standpoint is open to individuals only (no corporations or other legal entities). Each individual is allowed only one active membership. Any TBWE member who registers for more than one TBWE account shall forfeit rights to all potential TBWE pending prizes earned under all accounts. TBWE will have the sole discretion to determine if an individual has registered for more than one account and/or is maintaining more than one account. All accounts in question may be terminated in such cases.
From a brand standpoint, corporations and other legal entities are allowed to create accounts with TBWE as TBWE invites the world’s brands to participate to thank their fans for their votes while learning more about them. TBWE reserves the right to not accept brand accounts if it is believed that the person trying to create an account on behalf of said brand does not have the legal right to do so on behalf of said brand. Brand logos are only activated on TBWE once the contact information of the person acting on behalf of said brand is confirmed. Brands are allowed one email address per account created as a point of contact for TBWE and it is the brand’s responsibility to supply TBWE with any changes in their contact information so TBWE can provide said brands with the contact information of its winning voters.
Each brand has its own odds of winning. Voters are allowed 5 votes in each category per 24 hours, with every vote placed going towards beating the odds. Beat the voting odds, and you’ll be notified right then and there on the screen that you’re a winner with a congratulatory pop-up message. Insert your contact information and TBWE will automatically forward it over to the brand you voted for so they can thank you for your vote. If the brand you voted for is not participating, we will hold your contact information secure on our own end and will forward it over to the brand once they choose to activate their logo. Depending on the promotion, TBWE and/or the brand may also send you an email or phone call you’ll have to respond to so as to confirm your identity and age. Participating brands may choose to have TBWE users qualify to win a prize or be thanked at a later date if at all, and these decisions are not TBWE’s responsibility. Thus it is possible for a TBWE user to place the winning vote in a TBWE category by beating the odds, but not receive a prize or thank-you at all from the participating brand they voted for, and this is not TBWE’s responsibility.
A month of voting is a calendar month. Voting begins at 12:01 a.m. on the 1st of the month and ends at 11:59 p.m. EST (Eastern Standard Time) on the last calendar day of the month.
“Win,” “Won,” “Winning,” “Winning on TBWE,” “Won on TBWE,” “Winning a Prize from TBWE” and “Winning a Prize from TBWE’s Brands” as well as any other forms of the like can also mean “Qualify,” “To Qualify,” “Qualifying to Win a Prize” as well as any other forms of the like from TBWE or the participating brand a user voted for when they beat the voting odds on TBWE. TBWE saying that a user “Won a Prize” from TBWE or a participating brand can also mean that the said user “Qualified to Win a Prize” from TBWE or a participating brand. TBWE saying that a user “Voted for (insert brand) and Won!” means that the user voted for (insert brand) and beat the voting odds. Thus, the ideas of “Winning” and “Qualifying to Win” can and should be seen as one in the same as TBWE is not responsible for how participating brands thank their fans for their votes. TBWE users “Win” when they beat the odds, not when they receive actual prizes or thank-you’s from TBWE or participating brands. TBWE and participating brands who agree to join TBWE’s network reserve the right to either thank users immediately or rather have winning users (those who beat the voting odds) qualify to win a prize at a later date.
The goal of TBWE is not to reward our own users with our own prizes, but rather to notify our participating brands when our users vote for them and beat their odds so they can thank their fans for voting for them in any way they choose to. TBWE is not responsible for the prizes, if any, that are given to our users by participating brands. The participating brands are simply notified automatically by TBWE whenever users beat their displayed odds in any active category. How brands go about thanking or rewarding TBWE’s users is not TBWE’s responsibility.
An “active category” on TBWE is to be defined as any category on TBWE where at least one brand has agreed to participate in TBWE’s program and activate their logo. A “participating brand” is to be defined as any brand who agrees to activate their logo in any category on TBWE, notifying users that they will potentially give away a prize or prizes if voted for by a TBWE user who beats their odds while using the TBWE site.
While TBWE can’t legally reward users residing outside of the United States with our own prizes, the prize redemption policies of our participating brands, with offices all over the world, may vary and are not TBWE’s responsibility. TBWE will notify our participating brands of our winning users’ personal contact information regardless of what country our users reside in when users vote for said participating brands and beat their voting odds.
TBWE users can only win prizes or qualify to win prizes by voting for a participating brand on the site. If a user votes for a non-participating brand within an active category and beats the voting odds, they may be notified on the TBWE site that they “won” as well as be emailed by TBWE to confirm their identity, when in actuality they cannot win a prize or be thanked because they voted for a non-participating brand. In cases such as these, TBWE will store that user’s contact information for future business with the corresponding brand so that if and when said brand does choose to participate with TBWE, that user’s contact information can be provided in case the brand chooses to reward/thank the TBWE winning user or users for voting for them in the past/before they became a participating brand.
Users of the TBWE website are allowed five votes per category per day (24 hour period), with all five votes per category going towards potentially being the winner/beating the displayed “odds,” “chances,” or “probability” (a brand decided number of unique votes generated before said brand gives away prizes or has users qualify to win prizes) are at that given time of voting. Participating brands reserve the right to change these voting “odds” at any time in any category from 1 in 1,000th unique voters being winners to any such odds (ex. 1 in 500, 1 in 5,000, 1 in 10,000, 1 in 50,000, 1 in 100,000, 1 in 1,000,000, etc) for any reason, and this information (the voting “odds”) will always be displayed on the TBWE site within the brand’s personal pages. Users can get to a brand’s personal page by clicking the blue arrow in the lower right hand corner of the brand’s voting box. Categories where no voting odds are displayed should be assumed to be for entertainment purposes only, meaning there are no active brands participating in TBWE’s program, and thus no prizes can or will be given away in that category. Any brand not participating will not have their brand name’s font in bold black color below their brand image (their brand name will instead appear with gray color if they are not participating) . Please note TBWE LLC, which is based out of The State of New Jersey in The United States of America, uses the East Coast Time Zone (“Eastern Standard Time”) in its determination of 24 hours passed.
All votes per user in any category within a 24 hour period are immediately registered within TBWE’s system. When a particular user is the voting winner of a participating brand’s displayed “odds” (a brand decided number of unique votes generated before brand gives away prizes or has users qualify to win prizes) at that given time of voting, the TBWE.com network will acknowledge said vote as the winning vote, within the user session by displaying a “You Have Won!” congratulatory pop-up message. The winning user will then be notified via email and/or phone of the prize, if any, as well as how to redeem the prize either from a TBWE representative or the participating brand said user voted for when they beat the odds on TBWE.
Winning users/Those who placed the winning vote on TBWE will first have to confirm their identity by replying to TBWE’s email and/or pop-up contained within TBWE, and supplying TBWE with some basic contact information within 30 days. Once TBWE receives confirmation from the winning user with his or her contact information, TBWE will contact the corresponding participating brand with the TBWE user’s information so the brand can thank and/or reward the user if they choose to. TBWE is not responsible for the prizes, if any, that are given to our users by participating brands. TBWE is responsible for notifying participating brands when our users vote for them and beat their odds in any active category so the users can hopefully be thanked and rewarded with prizes from the participating brands.
Users of the TBWE LLC website who indeed are the winner of a participating brand’s displayed “odds” (a brand decided number of unique votes generated before brand gives away prizes or has users qualify to win a prize) at that given time of voting, will be notified on the TBWE site that they are a winner with a congratulatory pop-up message where they will have to insert their contact information to be forwarded over automatically to the participating brand they voted for. Following this, an email may be sent to those users who are the winning voters from TBWE LLC giving those users directions on how to redeem their prize. Those users given this opportunity to redeem their prize have 30 days to do so from the day TBWE LLC sends those users the email with the prize redemption instructions. If users do not respond to the prize redemption emails from TBWE LLC within the 30 day time period, those users forfeit their right to receive their prize, but can still continue to enjoy the TBWE website, and try again to qualify for various prizes. Winning users on TBWE may also be directed to the websites of participating brands and prize sponsors to complete prize redemption, and TBWE is not responsible for the content or instructions on any other websites.
TBWE and our participating brands may require proof of identity such as a copy of your driver’s license, passport or other government issued identification depending on the prizes offered. It may take six (6) to eight (8) weeks, or more for TBWE or the participating brands to ship you your prize depending on the prize offered. Prizes awarded from participating brands are subject to their own rules, guidelines and timelines, none of which TBWE is responsible for. TBWE and participating brands reserve the right to substitute any prize reward with another reward similar in value or to provide the cash equivalent of any reward at our sole discretion. Note that a prize will be considered income and it is your responsibility to report the receipt of the prize to the applicable federal and state tax authorities. In addition, should the value of your prize(s) total $600 or more, you will also be sent a W-9 form that must be completed, notarized and returned with your gift redemption voucher, as required by law.
Free Brand Registration
It is free for brands to register and participate with TBWE and so there is no cost or service fees. All brands, their point of contact, and the logos associated with the brands must first be approved by TBWE before they are placed within the network. Brands will be notified by a TBWE representative once their logo is activated. Because of this, brands should allow time for their logo/s to be activated once they register on TBWE. If your brand isn’t already on The Best Website Ever, let us know (firstname.lastname@example.org) and we’ll definitely consider it.
A “participating brand” is to be defined as any brand who agrees to activate their logo in any category on TBWE for free, notifying users that they will potentially give away a prize or prizes, have users qualify to win a prize, or simply thank users for their vote, if they are voted for by a TBWE user who beats the voting odds while using the TBWE site. Participating brands will have their logos activated in an ongoing fashion meaning there is no timeline or expiration date once the logo is activated.
Once a brand joins our program, upon acceptance, TBWE will activate their logo or logos, notifying our users that said brand/s are participating with TBWE and potentially thanking their fans for voting for them. Having your logo activated pushes you ahead of TBWE’s alphabetical order of candidates so users immediately see who a participating brand is within a category. Participating brands can be distinguished by their bold black font under the brand logo, versus non-participating brands having a gray color. It is not intended for users to register votes for non-participating brands. Non-participating brands are more often than not showing on TBWE because they are awaiting activation to be classified as participating. It is the goal of TBWE to mainly show only participating brands on the site. TBWE will also link participating brands’ logos to their own websites or unique links of their choice, and brands and change these links on their own once they log in.
TBWE will notify participating brands each and every time our winning users vote for them and beat the voting odds. We will supply our participating brands with a winning user’s personal contact information (name, mailing address, email, phone number) so they can thank our users accordingly and this is the only time that our users’ personal contact information will be supplied to our participating brands.
Participating brands have the choice on how, what, and when they thank TBWE’s users for voting for them and these decisions are not TBWE’s responsibility. Participating brands can choose to create daily, weekly, monthly or yearly promotions where TBWE’s users can be rewarded or thanked either immediately with a prize or prizes, or simply qualified to win a prize or be thanked from the participating brand at a later date. Thus it is possible for a winning user on TBWE (a user who beats the voting odds by placing the winning vote) to not actually win a prize or be thanked in any way at all from a participating brand and this is not TBWE’s responsibility. TBWE’s main responsibility is to notify our participating brands when the winning vote was placed for them and to provide our participating brands with our winning users’ personal contact information so they can reward or thank the users if they choose to.
As is part of our free services, participating brands get their own personal page on The Best Website Ever where they can edit their own content whenever they want (profile description and voting odds).
Being a participating brand is also a great way to learn the demographics of your fans with TBWE’s unique marketing reports. TBWE provides participating brands with real-time (live) demographic marketing reports so they can learn more about the fans who vote for them (age, country, state, zip code, gender, education level, income level and ethnicity). Our users’ personal contact information (name, mailing address, email, phone number) will never be provided in these reports. Participating brands can log into their TBWE accounts at any time with their username and password to view these reports in Microsoft Excel format. If you have any questions with regards to being a participating brand on TBWE for free where you can thank your fans for their votes while learning more about them demographically, please contact us (email@example.com).
Advertising on TBWE
Please contact a TBWE representative with regards to ad placement or if you have any questions whatsoever (firstname.lastname@example.org). TBWE offers 24 hour support and our main phone number is 1-201-819-2964. Payments can be made by check to TBWE LLC (8 Madison Heights, Wyckoff, NJ, 07481) or via PayPal.
Advertisers will be contacted by TBWE before contracts expire to see if they would like to renew or create a new campaign.
Payments made by check to TBWE LLC (8 Madison Heights, Wyckoff, NJ, 07481) do not include a service charge and are for the exact amount listed. TBWE has a $5 service charge/credit card processing fee per brand when using PayPal.
TBWE LLC maintains a no-refund policy for advertising, sponsorship, or listing contracts. Advertisers are bound to the terms and costs as defined in their sales contract. If an advertiser cancels an account prior to the expiration of the contract term, the advertiser must pay the balance of the contract in full as well as any applicable early cancellation fees.
In the event of a TBWE technology or hardware failure, which results in our product or service being temporarily not available for at least 72 hours within a contract term, TBWE LLC will issue a credit for a similar product or service in an amount approximating the value of the duration of the failure. No cash or monetary refunds may be issued for any reason.
Trademarks and Copyrights
The materials on this site provided by TBWE LLC (including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), excluding those marks/logos of participating and non-participating brands, are owned by TBWE LLC, the proprietary property of TBWE, and are protected by international copyright and trademark laws. Logos of participating brands and non-participating brands are also protected by international copyright and trademark laws. You may not use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the content thereof, in whole or in part, any material from this site without TBWE’s prior written permission. Provided that you are eligible for use of TBWE, you may make one copy, for your personal, non-commercial use only, provided that all copyright and other notices are left intact. Any other use of this material (including any modification of this material) is prohibited.
The mark “TBWE,” “The Best Website Ever” and its logo representing thereof including an earth/globe with gold colored king’s crown is a USPTO registered trademark and a service mark of TBWE LLC, and may not be used without permission. TBWE’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without prior written permission from TBWE.
By submitting any content to the TBWE LLC site, including by posting messages, participating in votes or other surveys, inputting or uploading data or engaging in any other form of communication on the site (any such content submitted by a user being a “Member Submission”), you are granting to TBWE LLC and its affiliates a royalty-free, perpetual, irrevocable, unrestricted, non-exclusive right and license to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the content thereof, in whole or in part, on a world-wide basis, including the right to incorporate it in other works in any form or media whatsoever. TBWE LLC is not responsible for the content of any Member Submission. If you believe that any Member Submission or other The Best Website Ever content violates a copyright that you own, please inform TBWE immediately via email at email@example.com or by calling 1-201-819-2964.
Brand pictures (logos or marks) shown on TBWE LLC are owned and copyrighted by their original owners or assumed to be public domain found by way of image searches on internet search engines. None of the brand logos on the TBWE site are claimed to be the copyright of TBWE LLC. Images are used under the terms of Fair Use or public domain and no copyright infringement is intended nor implied. Brands’ files hosted on TBWE are under the copyright of the original authors. You must contact the original author if you wish to use a file in a way that is prohibited by the file license. Please contact TBWE LLC at firstname.lastname@example.org if you see anything that you wish TBWE to remove, edit, display or crop differently, or give more specific credit for. Brands are in control of uploading whatever logo they’d like to show, and then TBWE approves these logos before they appear on the site.
TBWE is not endorsed, sponsored by or affiliated with any of the brands shown in the voting panel, unless they are regarded as participating brands. All logos are registered trademarks of their respective owners.
TBWE is made available to you for your personal use only. Each individual who enrolls in TBWE is responsible for providing this information requested herein and for updating any such information to ensure its accuracy. Receipt of inaccurate or misleading information will adversely affect the ability of TBWE to operate and provide services required by its Members and participants. In this regard, TBWE reserves the right to terminate a Member’s TBWE Membership if misleading or intentionally incorrect personal information is provided to us or any of our Partners.
Prizes or any potential voting points earned by a TBWE member are for that Member’s account only and cannot be transferred to or combined with other Member’s accounts for any purpose.
TBWE may monitor and review Member Submissions. However, TBWE will not be held responsible or liable in any manner for Member Submissions, and any opinions, advice, statements or other information submitted by users is the sole responsibility of the submitting user. User generated content is provided for entertainment purposes, as well as to provide paying advertisers and participating brands with consumer opinions, and you should in no way rely on the accuracy, completeness or reliability of any Member Submissions. Note any user submissions, comments, messages or posts uploaded to TBWE with regards to brands or persons (celebrities, athletes, musicians, etc.), participating or not participating as brands, may be forwarded to those brands or persons.
As a TBWE user, you will be solely responsible for the content of your Member Submissions, and you agree to indemnify and hold harmless TBWE LLC and its affiliates and agents against any claim or damages arising from your Member Submissions. TBWE aims to post and upload to the public positive, non-defamatory, complimentary comments made by users about brands or persons.
TBWE may terminate a Member’s account and/or decide to not give a Member a prize if we feel that the Member has violated the spirit or intent of our Partner(s) offer or the TBWE program. TBWE does reserve the right to terminate any account for any reason with or without notice to that Member. Any account terminated by TBWE forfeits all pending prize redemption. TBWE shall be the sole determiner in cases of suspected abuse, fraud or violation of its rules and any decision we make relating to termination of membership (including pending prizes) shall be final and binding. The use of any data mining, robots, scraping, automated scripts or similar data gathering or extraction methods is not permitted.
You understand that TBWE, the Service and the Site, are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your TBWE account or otherwise posted, transmitted, or shared by you on or through TBWE will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including all laws regarding the transmission of technical data exported from your country of residence. TBWE will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
In addition, you agree not to use TBWE to:
- harvest or collect email addresses or other contact information of other users from TBWE by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use TBWE in any unlawful manner or in any other manner that could damage, disable, overburden or impair TBWE;
- use automated scripts to collect information from or otherwise interact with TBWE;
- upload, post, transmit, share, store or otherwise make available any content that TBWE deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person, brand or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person, brand or entity;
- upload, post, transmit, share or otherwise make available on TBWE any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on TBWE any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate, abuse, threaten or harass other members, visitors or others who use TBWE;
- modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”) or other intellectual property made available by TBWE in connection with the Site;
- hold yourself out as in any way sponsored by, affiliated with, or endorsed by TBWE, or any of TBWE’s affiliates or service providers without permission;
- use any of the Trademarks or other content accessible through TBWE for any purpose other than the purpose for which we have made it available to you;
- defame or disparage TBWE, TBWE’s advertisers, listed brands, all Trademarks contained within TBWE, or any aspect of the Site;
- make any attempt to earn prizes in a manner inconsistent with this agreement;
- adapt, translate, modify, decompile, disassemble, or reverse engineer TBWE or any software or programs used in connection with TBWE;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of TBWE, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose TBWE or its users to any harm or liability of any type;
- Act in any way that violates this Agreement, as may be revised from time to time.
Violation of any of the foregoing may subject you to state and federal penalties and other legal consequences. TBWE reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Registration Data; Account Security and Passwords
In consideration of your use of the TBWE site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to TBWE, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Once you become a member of TBWE, either as a fan or brand, you will receive a password and an account. You are a responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. TBWE members agree to immediately notify TBWE of any unauthorized use of their account, member name or password, or any other breach of security known to the member. Users of the TBWE LLC website will be responsible for maintaining the confidentiality of their own user name and password. As a user, you will be responsible for all uses of your account, whether or not authorized by you.
Outside Links; Third Party Purchases
TBWE takes no responsibility for third party content (including, without limitation, any viruses or disabling features), nor does TBWE have any obligation to monitor such third party content. TBWE reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
As a condition to using TBWE, you agree and understand that TBWE will display ads and other information adjacent to and related to the content it services. This includes, but is not limited to, sponsored ads, Google AdSense Ads, as well as advertisements from other ad providers.
Participating brands, paying advertisers, and prize sponsors are independent third parties and TBWE is not acting as a principal, agent or broker with respect to them. When and if you complete a sponsor offer or offer from a participating brand on TBWE, your relationship with any such sponsor is solely between you and the sponsor. The terms and conditions associated with each sponsor offer (as opposed to the terms and conditions of TBWE described herein) are determined by the applicable sponsor, and are subject to change in the applicable sponsor’s sole discretion. You agree not to hold TBWE or its officers, directors, or employees liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such sponsors through TBWE.
Termination of Service/Membership
TBWE LLC reserves the right to deny you access to The Best Website Ever site at any time and for any reason, including if The Best Website Ever in its sole discretion believes that you have violated these conditions or otherwise engaged in unacceptable conduct. TBWE reserves the right to change, suspend or discontinue all or any aspect of its site at any time, including the availability of any feature, database or content, without prior notice. TBWE is a free site for fans to vote and brands to thank their fans. However, The Best Website Ever reserves the right at any time upon prior notice to impose user fees or otherwise charge for access to its site.
Notification of Copyright Infringement
TBWE’s policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. 2. Identification of the copyrighted work claimed to have been infringed. 3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. 4. The address, telephone number or e-mail address of the complaining party. 5. A statement that the complaining party has 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. 6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
THE MATERIALS ON THIS SITE (INCLUDING THE RESULTS SHOWN ON THIS SITE) ARE DISTRIBUTED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TBWE LLC MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR VALIDY OF ANY MATERIAL ON THIS SITE OR ANY RESULTS SHOWN ON THIS SITE. TBWE LLC MAKES NO WARRANTY THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS (EVEN IF KNOWN) WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TBWE LLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF MEMBER SUBMISSIONS, INCLUDING AS TO THEIR ACCURACY, COMPLETENESS OR RELIABILITY. BY USING THIS SITE, YOU AGREE THAT USERS OF THIS SITE ARE SOLELY RESPONSIBLE FOR THE CONTENT OF THEIR MEMBER SUBMISSIONS, AND THAT TBWE HAS NO LIABILITY THEREFORE (INCLUDING NO LIABILITY FOR FAILURE TO MONITOR AND REVIEW, OR FAILURE TO CORRECT OR REVISE MEMBER SUBMISSIONS THAT MAY BE WRONG, INCOMPLETE OR UNRELIABLE).
TBWE LLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONDUCT OF USERS OF TBWE, INCLUDING ANY CONDUCT (INCLUDING THROUGH THEIR MEMBER SUBMISSIONS) THAT IS DEFAMATORY, ILLEGAL, DISCRIMINATORY OR OTHERWISE IN VIOLATION OF CONDITIONS. BY USING THIS SITE, YOU AGREE THAT USERS OF THIS SITE ARE SOLELY RESPONSIBLE FOR THEIR CONDUCT (INCLUDING THROUGH THEIR MEMBER SUBMISSIONS), AND THAT TBWE LLC HAS NO LIABILITY THEREFORE (INCLUDING NO LIABILITY FOR FAILURE TO MONITOR AND REVIEW, OR FOR FAILURE TO ENFORCE THESE TERMS AND CONDITIONS).
Limitation of liability
NEITHER TBWE LLC NOR ITS AFFILIATES OR AGENTS WILL BE RESPONSIBLE FOR OR HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES), INJURY OR OTHER CLAIM RELATING TO YOUR USE OF THIS SITE, ANY INFORMATION POSTED ON THIS SITE (INCLUDING THE RESULTS SHOWN ON THIS SITE) WHETHER PROVIDED BY TBWE OR A MEMBER SUBMISSION, YOUR INABILITY TO ACCESS THIS SITE (OR THE NON-FUNCTIONING OF THIS SITE), OR FOR ANY REASON WHATSOEVER, INCLUDING TO THE EXTENT RESULTING FROM THE NEGLIGENCE OF TBWE LLC, ITS AFFILIATES OR AGENTS, EVEN IF TBWE HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN RESPECT OF YOUR USE OF TBWE LLC SITE AND ANY INFORMATION OR RESULTS CONTAINED ON THE SITE SHALL BE TO DISCONTINUE USING TBWE.
You agree to indemnify and hold harmless TBWE LLC, its subsidiaries, affiliates, officers, agents, and employees from and against any claim or demand, arising from or in any way related to your use of TBWE, the violation of conditions by you, or any other user of your account, or the infringement by you, or any other user of your account, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorney’s fees, of every kind and nature.
Submission of Ideas
We constantly are improving TBWE and developing new features to make our site the best and biggest website ever. If you have ideas regarding improvements or additions to TBWE, we would like to hear them – but any submission will be subject to these Terms and Conditions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about TBWE, the Site or the Service (“Submissions”), provided by you to TBWE are non-confidential and shall become the sole property of TBWE. TBWE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Robots and other Automated Processes:
TBWE reserves the right to block users and disable accounts that have been determined to have benefited from the use of automated scripts or “robots.” Any such use of automation to earn prizes or disrupt TBWE or associated website operations will be subject to applicable laws governing fraud. Visitors shall not tamper, hack, spoof, copy, modify, or otherwise corrupt administration, security, or proper function of any part of TBWE.
Definitions and Constructions
Unless otherwise specified, the terms “includes,” “including,” “e.g.,” “for example,” and other similar terms are deemed to include the term “without limitation” immediately thereafter.
Choice of Law; Jurisdiction
These Terms and Conditions constitute the agreement between you and TBWE LLC for your use of The Best Website Ever (TBWE) site and the information on TBWE site (the “Agreement”). This Agreement is governed by and construed in accordance with the internal laws of the State of New Jersey in The United States of America, and any action brought in connection with this Agreement shall be brought in the state or Federal courts sitting in the State of New Jersey unless TBWE LLC shall at its sole option elect to bring an action elsewhere. You hereby submit to the jurisdiction of such courts for the purposes of any claim brought in connection herewith.
This Agreement contains the entire agreement between you and TBWE LLC. If any provision of this Agreement shall be unlawful, void or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and this Agreement shall be construed so as to give effect to the fullest extent possible to the stricken provision. These Terms and Conditions shall survive any termination of your membership account, if any.
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