TERMS OF USE

Welcome to www.charitystrippoker.com (the “Website”). This website is owned, operated and sponsored by Alejandro Castro, Maria Bartolome, and Chris Dumas (“we”, “us”, “our”).  Your use of this Website (and any other feature, content or application offered from time to time by the Website) is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations.

Please read these Terms of Use carefully and contact us with any questions.
Please read these Terms of Use carefully before using the Website.  If you do not accept these Terms of Use, then you may not use the Website.  By using this Website you agree to be bound by these Terms of Use. These Terms of Use are subject to change by the operators of charitystrippoker.com (the “Website) at any time, effective when posted on the Website. Your continued use after such notice will constitute acceptance by you of such changes.  You may request a copy of these Terms of Use by emailing us at: charitystrippoker@gmail.com.  Please include the subject, “Terms of Use Agreement.”

1. Overview.

The Website consists of a campaign that collects user-uploaded photographs (“Photograph”) for display in an online public gallery on the Website.  When you (a “User”) upload photography to an Instagram account and tag the photo using the #CharityStripPoker tag, you submit your photos to the #CharityStripPoker aggregated gallery on the Website.   To submit photos to the Website via Instagram, you must have a valid, public Instagram account. Only publicly viewable Instagram images containing the #CharityStripPoker tag may be featured on the Website. To request that a photo be removed from the Website, users may remove the #CharityStripPoker tag, or submit your request to charitystrippoker@gmail.com.

You are solely responsible for your Photograph, and hereby agree that you will not hold us responsible or liable for the Photograph you provide via the Website.  You hereby represent and warrant that: (i) the Photograph that you submit is original and was created solely by you or, if you are not the creator of the Photograph, that you have permission from the copyright owner of the Photograph to allow you to submit the Photograph and to use the Photograph as otherwise permitted by these Terms of Use; (ii) the Photograph does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you), or that you have obtained all rights necessary to allow you to grant to us the rights granted herein; (iii) neither the Photograph, nor the use of the Photograph by us in accordance with the terms hereof will infringe upon or violate the intellectual property rights and/or other rights of any other person or entity or any applicable laws; and (iv) the name you submit in connection with your Photograph is your name and not the name of any third party.
 
The following is a partial list of the type of Photograph that is illegal or prohibited to upload on or through Instagram to the Website with the #CharityStripPoker tag. A Prohibited Photograph includes, but is not limited to a Photograph that:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains explicit pornography, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 13;
  6. provides any confidential, personal or private information, including telephone numbers, street addresses, last names, URLs or email addresses;
  7. contains links to any other URLs, websites, or webpages;
  8. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, spamming, or spimming;
  11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  12. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  13. solicits passwords from Users or personal identifying information for commercial or unlawful purposes from other Users;
  14. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  15. includes a photograph of another person that you have posted without that person's consent.

 
We reserve the right, in our sole discretion, to review your submission to ensure compliance with the above requirements.  Any submission deemed by us, in our sole discretion, to violate any of the above requirements will not be approved.  We reserve the right to reject, refuse to post or remove any Photograph uploaded by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.  We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Website if we determine, in our sole discretion, that you pose a threat to the Website and/or its Users.  Our decisions are final and binding.
 
In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any of the Photographs. We do not guarantee the accuracy, completeness or usefulness of any content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Website by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

2. Eligibility.

Participation in the Website campaign is open only to legal residents of the 50 United States and the District of Columbia, 18 years of age or older.  The Website is not intended for, and we have no intention of collecting personally identifiable information from, individuals under the age of 18.

3. Use of the Website. 

This Website is for your sole personal and non-commercial use. By using the #CharityStripPoker tag to submit your Instagram photograph to the Website you must comply with these Terms of Use, as well as the Instagram Terms of Service found here: http://instagram.com/legal/terms#, and all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

4. No Warranty.

Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you “as is” without warranties or representations of any kind.  We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Website to the broadest extent permitted by law.  We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Website.  We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Website.  We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties.
You are not authorized to download any content from the Website. If you download any content from the Website, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.

5.  Links to Third Party Sites; Advertisers.

The Website may provide you with links or other access to other websites, services, products or content of third parties.  We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We recommend you read the privacy and terms of use policies of each third party’s website that you access.

6.  Privacy Policy.

Please see our “Privacy Policy” at www.charitystrippoker.com for additional details with respect to how we maintain and respect the privacy of your personal information.  You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

7. Ownership/Use.

We do not claim any ownership rights in the Photograph that you post to the Website.  After posting your Photograph to the Website, you continue to retain all ownership rights in such Photograph, and you continue to retain all rights to title and usage.  Notwithstanding the foregoing, by submitting your Photograph, you represent and warrant that you have all rights to irrevocably grant to us, our agents, licensees, and assigns and its partners the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Photo (with or without using your name and/or Instagram “handle”) in any media throughout the world for any purpose, including but not limited to any other online platforms related to the #CharityStripPoker project, without limitation, and without additional review, compensation, or approval from you or any other party.  

8. No Content Monitoring. 

We are under no obligation to screen or monitor the Photograph, but may review Photographs from time to time at our sole discretion to review compliance with these Terms of Use.  We will make all determinations as to what Photographs are appropriate in our sole discretion.  We may include, edit or remove any Photograph at any time without notice.  

9. Termination of Access. 

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

10.  Digital Millennium Copyright Act (“DMCA”) Notice.

We are committed to complying with copyright and related laws, and we require all Users of the Website to comply with these laws. Accordingly, you may not upload any material or content to, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
If you feel that uploaded content is objectionable or infringing, we encourage you to contact us immediately.  Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue.  Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail:       CharityStripPoker@gmail.com                                                                                                                                          Subject line: DMCA

11. Indemnity.

You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein).

12. Term.

These Terms of Use shall remain in full force and effect while you use the Website, upload content to the Website, or are registered with the Website. You may terminate your registration at any time, for any reason. We may terminate your registration at any time, without warning. Even after your registration is terminated you continue to remain bound by these Terms of Use to the extent you continue to access the Website in any capacity.

13. User Disputes.

You are solely responsible for your interactions with other Users of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

14.  Limitation on Liability.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR REGISTRATION.

15.   U.S. Export Controls.

Software made available to you by the Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Arbitration/No Class Action.

Except where prohibited by law, as a condition of using the Properties, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Properties, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree.  Payment of all filing, administration, arbitrator and/or mediator fees will be governed by the rules of the American Arbitration Association. In the event that you conclusively demonstrate that your payment of such fees is cost-prohibitive, we will consider in good faith paying all or a portion of such fees on your behalf. An award rendered by the arbitrator(s) may be entered and confirmed by the State and Federal courts of the State of New York, County of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the State and Federal courts of the State of New York, County of New York.  You agree that you must assert all claims against us within one (1) year from the date the claim first accrued.

17. Miscellaneous.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned.  These Terms of Use are governed by U.S. federal law and the laws of the State of New York, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Website. Either we or you may demand that any dispute between us and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York County, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.  These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitutes the entire understanding between you and us.
Please contact us at: CharityStripPoker@gmail.com with any questions regarding these Terms of Use.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

These Terms of Use are effective and were last updated on May 15, 2014.