WE MAY PROVIDE YOU SAMPLE “OFFICIAL RULES” FOR USE IN CONNECTION WITH SWEEPSTAKES AND GIVEAWAYS (“SAMPLE RULES”). WE DO NOT REPRESENT OR WARRANT TO YOU THAT ANY SAMPLE RULES COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LAWS, RULES OR REGULATIONS PERTAINING TO PROMOTIONS, SWEEPSTAKES OR GIVEAWAYS. YOU ACKNOWLEDGE THAT YOU SHALL HAVE SOLE RESPONSIBILITY FOR DETERMINING WHETHER ANY PROMOTION, SWEEPSTAKES OR GIVEAWAY THAT YOU CONDUCT OR PROMOTE, AND ANY SAMPLE RULES THAT YOU UTILIZE, COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. USE OF ANY SAMPLE RULES IS AT YOUR OWN RISK.

 

 

All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Website or accessible through the Service, other than user content (collectively, “GiveawayBoost Content”), is the property of GiveawayBoost or its licensors. No right, title or interest in any Giveaway Content is transferred to you by way of these Terms or otherwise. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the GiveawayBoost Content, the Website or any related software.

 

 

References on the Website to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. GiveawayBoost does not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. GiveawayBoost may provide links to third-party websites. GiveawayBoost is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.

 

 

THE SERVICE IS PROVIDED BY GIVEAWAYBOOST ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH “ALL FAULTS.” GIVEAWAYBOOST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, OR ANY INFORMATION, CONTENT, OR MATERIALS OFFERED ON THE WEBSITE OR THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GIVEAWAYBOOST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. GIVEAWAYBOOST DOES NOT WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS, AND YOU ACKNOWLEDGE THAT GIVEAWAYBOOST WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOU WITHOUT YOUR AGREEMENT TO THE PROVISIONS OF THIS DISCLAIMER.

 

 

IN NO EVENT SHALL GIVEAWAYBOOST BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF GIVEAWAYBOOST ARISING OUT OF THESE TERMS OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, AND INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO GIVEAWAYBOOST IN THE TWELVE MONTHS PRECEDING ANY CLAIM. GIVEAWAY BOOST SHALL NOT BE LIABLE FOR LOSS, INACCURACY, INCOMPLETENESS, OR RELEASE OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF GIVEAWAYBOOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 11 IS AN ESSENTIAL TERM OF THESE TERMS AND THAT GIVEAWAYBOOST WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOU WITHOUT YOUR AGREEMENT TO THE PROVISIONS OF THIS LIMITATION OF LIABILITY. THIS LIMITATION OF LIABILITY SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

You agree to indemnify, defend and hold harmless GiveawayBoost and its parent companies, affiliates, and subsidiaries, and their respective officers, directors, employees, agents, representatives, and contractors from and against any and all claims, suits, proceedings, losses, liability, damages, and costs (including attorneys’ fees and costs) arising out of or related to your alleged or actual use of, misuse of, or failure to use the Services. Your indemnification includes, without limitation (i) claims by your users, subscribers, and customers, and (ii) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information. GiveawayBoost will notify you promptly of any such claim, suit, proceeding, loss, liability, damage or cost, and will provide you with reasonable assistance, at your sole expense, in defending any such claim, suit, proceeding, loss, liability, damage or cost.

 

 

If you purchase a license for any software or services, you will be required to provide GiveawayBoost with valid, up-to-date credit card or other payment information. You authorize GiveawayBoost to charge your credit card or other payment method for all fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is incorrect or no longer valid, or if we do not receive your payment when due, we will have no obligation to provide the product or service associated with those fees.

 

12.1. Consent to Electronic Communications. You consent to receive communications from GiveawayBoost electronically, and you agree that all agreements, notices, disclosures and other communications that GiveawayBoost provides to you electronically, via email, or on the Website, satisfy any legal requirement that such communications or agreements be in writing.

 

12.2 Privacy. Please refer to our Privacy Policy for information on how GiveawayBoost collects, uses, and discloses personally identifiable information from its users.

 

12.3 Governing Law; Venue. These Terms will be governed solely by the internal laws of the State of Washington, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Seattle, Washington.

 

12.4 Assignment. You may not assign your rights under these Terms without the prior written permission of GiveawayBoost and any attempt by you to do so shall be null and void.

 

12.5 Severability. To the full extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.

 

12.5 Waiver. Neither party will be deemed to have waived any of its rights under these Terms by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Terms will constitute a waiver of any other breach of this Terms.