Terms Of Use

Date of Last Revision: March 1, 2009

Welcome to TBWE (The Best Website Ever), a revolutionary advertising and prize winning experience. Before you register for your account, you must read and agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"). Because these Terms of Use contain legal obligations, please read them carefully before using TBWE.

Your Agreement

The TBWE service and network (hereinafter collectively, "TBWE," "the Site," "the Service," "the Company," "Us," "Our," or "We") are operated by TBWE LLC. By accessing or using our website at TBWE.com, or by posting a share button on your own site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms and Conditions," "Terms" or "Agreement"), whether or not you are a registered member of TBWE.

These Terms and Conditions govern your use of the TBWE site. If you use this site (whether passively reviewing its content, or actively participating in votes), you indicate your acceptance to these terms and conditions. If you do not agree to these terms and conditions, 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.

These Terms and Conditions are subject to change without prior notice, and your continued use of this site constitutes acceptance of any changes to these terms and conditions. Accordingly, please check back periodically for any changes. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes made to these Terms of Use on this Terms of Use page and will indicate at the top of this page the date these terms were last revised. If you do not agree to abide by these or any further Terms of Use, do not use or access (or continue to use or access) the TBWE site. It is your responsibility to regularly check TBWE to determine if there have been changes to these Terms of Use and to review such changes. The same applies with respect to use of the TBWE Privacy Policy, and with respect to any changes in this privacy policy.

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 at any time and effective immediately. TBWE will not be liable to any member or any third party should TBWE exercise its right to modify or discontinue its services. TBWE will not be liable for any pending prizes associated with any account should that account be disabled for any reason.

Eligibility

TBWE membership is free. 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, current United States residents, and have a valid email address can enroll in the TBWE LLC Program ("Program") and receive prizes. 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. Prizes 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 residing in the United States need their legal guardian's permission for prizes to be mailed to that user's given mailing address. For this reason, TBWE may require a user's phone number for prize redemption to fully succeed.

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 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.

Voting Rules

Users of the TBWE LLC website are allowed five votes per category per day, with one total vote per day (24 hour period), that being a user's first vote per 24 hours, going towards being the 1 in 1,000th winner or whatever the displayed "odds," "chances," or "probability" (a TBWE decided number of unique voters generated before TBWE gives away prizes) are at that given time of voting. TBWE reserves the right to change these voting "odds" at any time 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, etc) for any reason, and this information (the "odds") will always be displayed on the TBWE site. 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.

The first vote per user within a 24 hour period is immediately registered within TBWE's system. When a particular user is that 1,000th unique voter or winner of TBWE's displayed "odds" (a TBWE decided number of unique voters generated before TBWE gives away 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 of the prize, as well as how to redeem the prize.

Prize Redemption

Users of the TBWE LLC website who indeed are the 1,000th unique voter or winner of TBWE's displayed "odds" (a TBWE decided number of unique voters generated before TBWE gives away prizes) at that given time of voting, will be notified on the TBWE site that they are a winner with a congratulatory pop-up message. Following this, an email will 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 win various prizes. Winning users on TBWE may also be directed to the websites of participating advertisers and prize sponsors to complete prize redemption.

 
TBWE 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 for TBWE to ship you your prize depending on the prize offered. TBWE reserves 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.

User Conduct

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 advertisers 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 advertisers or persons (celebrities, athletes, musicians, etc) may be forwarded to those advertisers 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 will only post and upload to the public positive, non-defamatory, complimentary comments made by users about TBWE's participating advertisers or persons in every category.

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 or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person 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, 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, 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 LLC is not responsible for the content of any sites that may be linked to the TBWE site ("Third Party Sites"), and use of these linked sites is at your sole risk. These other sites may have privacy policies that are different from the TBWE privacy policy. From time to time The Best Website Ever may provide links to or furnish information concerning offers made by third parties for the sale of goods or services. All matters concerning any such purchase (including the accuracy of the product description, payment and delivery terms, warranties, etc.) are strictly between you and the third party. TBWE LLC is not a party to any such transaction, and makes no representations or warranties concerning the product or services offered, even if TBWE LLC is an "affiliate" or receives some form of payment in connection with the transaction.

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

Advertisements

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 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, 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. 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.

Disclaimers

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.

Indemnification

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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