Project Paradigm Terms of Use

These Terms are an agreement between you and the Project Paradigm and govern your use of all websites controlled or managed by Project Paradigm (the “Websites”).  Project Paradigm, along with its representatives, officers, directors, managers, third-party contractors, employees, licensees, licensors, and agents (collectively “Project Paradigm” or “we” or “us” or “our”), provide the Websites to you subject to the following terms of use (the “Terms of Use” or “Terms”), which you acknowledge, agree to, and consent to by using the Websites. These Terms include the Project Paradigm Privacy Policy, which is available at www.projectparadigm.org and which is hereby incorporated by reference.

 

These Terms may be amended by us from time to time at our sole discretion. Please periodically review the controlling, online version of these Terms. By continuing to use the Websites subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment.

 

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

 

When using the Websites, you shall be subject to all displayed rules, community guidelines, or policies.  Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other websites that are governed by different terms.

 

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are either (i) at least 18 years of age or the age of majority in the jurisdiction you are accessing the Website from or (ii) you have the consent and approval of your parent or legal guardian, who also agrees to these Terms.

 

 

About Our Websites and The Paradigm Challenge

We provide users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including websites, software, and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Websites shall be included in the definition of “Websites.” The Website www.projectparadigm.org is the home site for Project Paradigm, The Paradigm Challenge, monthly contests, the Ambassador Program, and the rules regarding those  activities are located on that site.

 

 

Accessing the Websites

You may access portions of the Websites without registering. However, in order to access some portions and features of the Websites, you will be required to register with and sign into the Websites. In some circumstances, this may be accomplished by using an account that you created on a platform operated by a third party (such as Facebook).  You are responsible for maintaining the confidentiality of your password and the email address used to register and sign in to the Websites, and you are fully responsible for all activities that occur under this password and email address. Please immediately notify us of any unauthorized use of your password and email address or any other breach of security by contacting us at info@projectparadigm.org. If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to the use of third party services. In the event you use our Websites over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.

 

 

Our Intellectual Property

Project Paradigm, The Paradigm Challenge, and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Websites, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.

 

Certain materials available on or through the Websites are our Works (i.e., Content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Websites. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein.

 

 

Content Posted by Users

You and other users may be able to upload, post, create, make available, send, share, communicate, or transmit  (“Post”) data, information, comments, videos, images, recordings, materials, ideas, or other types of content (collectively “Content”) to the Websites and other websites linked to on the Websites. You understand that all Content Posted by users of the Websites (“User Content”) is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

 

You retain ownership of the intellectual property contained in your User Content.  However, you grant us a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance) any and all User Content that you Post to or through the Websites. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit Content that you Post.

 

You also grant other users of the Websites a non-exclusive, royalty free license to access your User Content via the Websites consistent with the terms herein and to engage in any reproductions, public performances, communications to the public, distributions, or public displays necessary to do so.

 

We have no obligation of confidentiality, express or implied, with respect to User Content that you Post to or through the Websites, and we shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever).

 

 

Procedure for Making Claims of Copyright Infringement For User Posted Content and Links

We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole and absolute discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts.  If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Websites, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:

 

By mail: DMCA Project Paradigm Copyright Agent, 11301 West Olympic Boulevard, Suite 306, Los Angeles, CA 90064

 

By email: copyright@projectparadigm.org

 

By phone: (866) 276-7496

 

To be effective, the notice of claimed infringement must include the following required contents: 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; 
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the Content quickly); 
  • Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted; 
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.  Any person who receives notice that material they Posted to the Websites has been removed in response to a complaint may request the replacement of the material by sending a counter notice to our Designated Agent containing all of the following information:

  • A physical or electronic signature of the Website user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the Website user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The Website user’s name, address, and telephone number, and a statement that the he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the address is outside of the United States, for the Central District of California, and that the Website user will accept service of process from the person who provided the copyright complaint or an agent of such person.

 

Upon receipt of such a counter notice, we may, at our sole and absolute discretion, (i) notify the complaining party that its claim has been contested; (ii) provide that party with the information contained in the counter notice; and (iii) restore access to the removed material, unless the complaining party files a lawsuit within 10 business days of the date of the counter notice.

 

 

Procedure for Making Other Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Websites, please contact us at info@projectparadigm.org.

 

Where appropriate, we will work to prevent unlawful activity from taking place on or through the Websites. 

 

 

Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Websites to: 

  • Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity, or other rights) or encourage or provide instructions to another to do so; 
  • Act in a manner that negatively affects other users’ ability to use the Websites, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; 
  • Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation; 
  • Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling; 
  • Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
  • Post any User Content for which you have not obtained all necessary written permissions and releases;
  • Misrepresent any fact (including without limitation your identity); 
  • Post any User Content 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, including by engaging in any denial of service attack or similar conduct; 
  • Exceed your authorized access to any portion of the Websites; 
  • Collect or store personal data about anyone; 
  • Modify without permission any part of the Websites; 
  • Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Websites; or
  • Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available. 
  • Use any robot, spider, scraper, or other automated means to access the Websites for any purpose. 
  • Take any action that, in our sole and absolute discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites, or bypass any measures we may use to prevent or restrict access to the Websites.

 

 

Indemnification

You will indemnify and hold us, Skild, Sensis Agency, File Mobile, The Challenge Judges, and members of the Challenge coalition harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

 

 

Disclaimers

YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND CONTENT OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITES.

 

WE MAKE NO WARRANTY THAT (1) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITES RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITES, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

Some Content on the Websites or assistance/information provided by agents of Project Paradigm to you may be outdated or contain errors, omissions, or inaccuracies.  Your use of the Websites is done so at your own risk.  You agree not to rely on Content and/or agent opinions, advice, statements, assistance, services, offers, or information.  Project Paradigm does not warrant the accuracy or completeness of any information, materials, or services provided through the Websites or Project Paradigm’s agents.

 

 

Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, PROJECT PARADIGM, SKILD, SENSIS AGENCY, FILE MOBILE, THE CHALLENGE JUDGES, AND MEMBERS OF THE CHALLENGE COALITION SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

  • DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
  • MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITES (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; 
  • IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITES FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
  • THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR 
  • ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITES.

 

IN NO EVENT SHALL PROJECT PARADIGM, SKILD, SENSIS AGENCY, FILE MOBILE, THE CHALLENGE JUDGES, AND MEMBERS OF THE CHALLENGE COALITION BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

 

 

Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

 

Release

If you have a dispute with one or more users of the Websites, or with any party who provides advertising or third-party services, on, or through the Websites, or with any party who provides a website linked to on the Websites, you release Project Paradigm, Skild, Sensis Agency, File Mobile, The Challenge Judges, and members of the Challenge coalition from claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542 which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

 

 

Dispute Resolution

Forum Selection/Jurisdiction

Jurisdiction and venue for any dispute shall be in Los Angeles, California. You and we submit to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision unenforceable, the jurisdiction and venue shall instead be in your home county of residence.

 

Pre-Arbitration Notification

Project Paradigm and you agree that it would be advantageous to discuss and hopefully resolve any disputes before formal proceedings are initiated. In the event of a dispute, the claimant – whether you or Project Paradigm – shall send an email to the other side briefly summarizing the claim and the request for relief. If Project Paradigm is the claimant, the letter shall be sent, via email, to the email address listed in your account, if applicable. If you are the claimant, the letter shall be sent to Project Paradigm, 11301 West Olympic Boulevard, Suite 306, Los Angeles, CA 90064. If the dispute is not resolved within 60 days after the claim is sent, the claimant may proceed to initiate arbitration proceedings as set forth below. However, either you or Project Paradigm may seek provisional remedies from the arbitrator before the expiration of this 60-day period.

 

Arbitration of Claims

Any past, present or future controversy, claim or dispute arising out of or relating in any way to your use of the Websites at any time or for any purpose, The Challenge, the monthly contests, or the Ambassador Program shall be resolved by final and binding arbitration. The arbitration shall take place in Los Angeles County, California. Except as otherwise provided in this Dispute Resolution section, the arbitration will be conducted in accordance with the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available for your examination at www.adr.org. If for any reason the Expedited Procedures are found to be inapplicable or unavailable, the AAA Commercial Rules will apply. The arbitrator shall be a retired judge. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the AAA acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration. Either party may, if it chooses, file a small claims court matter instead of using arbitration. If you decide to commence arbitration, the AAA will require you to pay a filing fee, which currently is $400 for claims up to $10,000. In such cases seeking up to $10,000, Project Paradigm will pay any additional AAA administrative fees in excess of the $400 filing fee. If the arbitrator ultimately rules in your favor and if the award becomes final, Project Paradigm will also reimburse you for the $400 filing fee. For claims in excess of $10,000 (and claims for nonmonetary relief), payment of fees will be governed by the express terms of the applicable AAA rules.

 

GOVERNING LAW

Any claim brought by you against Project Paradigm or by Project Paradigm against you pursuant to this Dispute Resolution section shall be decided according to the substantive laws of California and the United States of America, excluding California’s conflict of laws rules. However, the enforcement of this Dispute Resolution section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this Dispute Resolution section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award), enforcement or vacation of the award in any court of competent jurisdiction, pursuant to the Federal Arbitration Act.

 

Class Action Waiver

Both you and Project Paradigm waive the right to bring any claim covered by this Dispute Resolution section as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this Dispute Resolution section brought by anyone else. Notwithstanding any provision in the AAA Commercial Arbitration Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Dispute Resolution section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

 

This Dispute Resolution section shall remain in full force and effect notwithstanding any termination of your use of the Websites.

 

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING UNDER OR OUT OF OR RELATED TO YOUR USE OF THE WEBSITES OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 

 

Notice For California Users

Under California Civil Code Section 1789.3, users of the Websites from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Miscellaneous

These Terms constitute the entire agreement between you and Project Paradigm, and govern your use of the Websites.

 

These Terms supersede any prior agreements between you and us with respect to the Websites.

 

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

 

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

 

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Project Paradigm’s representatives, officers, directors, managers, partners, coalition members, third-party contractors, employees, licensees, licensors, and agents are intended third-party beneficiaries.

 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

 

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

 

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

 

The headings in these Terms are for convenience only and have no legal or contractual effect.

 

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Websites, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be not responsible for deleting your User Content.

 

“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation. 

These Terms are an agreement between you and the Project Paradigm and govern your use of all websites controlled or managed by Project Paradigm (the “Websites”).  Project Paradigm, along with its representatives, officers, directors, managers, third-party contractors, employees, licensees, licensors, and agents (collectively “Project Paradigm” or “we” or “us” or “our”), provide the Websites to you subject to the following terms of use (the “Terms of Use” or “Terms”), which you acknowledge, agree to, and consent to by using the Websites. These Terms include the Project Paradigm Privacy Policy, which is available at www.projectparadigm.org and which is hereby incorporated by reference.

 

These Terms may be amended by us from time to time at our sole discretion. Please periodically review the controlling, online version of these Terms. By continuing to use the Websites subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment.

 

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

 

When using the Websites, you shall be subject to all displayed rules, community guidelines, or policies.  Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other websites that are governed by different terms.

 

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are either (i) at least 18 years of age or the age of majority in the jurisdiction you are accessing the Website from or (ii) you have the consent and approval of your parent or legal guardian, who also agrees to these Terms.

 

 

About Our Websites and The Paradigm Challenge

We provide users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including websites, software, and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Websites shall be included in the definition of “Websites.” The Website www.projectparadigm.org is the home site for Project Paradigm, The Paradigm Challenge, monthly contests, the Ambassador Program, and the rules regarding those  activities are located on that site.

 

 

Accessing the Websites

You may access portions of the Websites without registering. However, in order to access some portions and features of the Websites, you will be required to register with and sign into the Websites. In some circumstances, this may be accomplished by using an account that you created on a platform operated by a third party (such as Facebook).  You are responsible for maintaining the confidentiality of your password and the email address used to register and sign in to the Websites, and you are fully responsible for all activities that occur under this password and email address. Please immediately notify us of any unauthorized use of your password and email address or any other breach of security by contacting us at info@projectparadigm.org. If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to the use of third party services. In the event you use our Websites over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.

 

 

Our Intellectual Property

Project Paradigm, The Paradigm Challenge, and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Websites, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.

 

Certain materials available on or through the Websites are our Works (i.e., Content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Websites. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein.

 

 

Content Posted by Users

You and other users may be able to upload, post, create, make available, send, share, communicate, or transmit  (“Post”) data, information, comments, videos, images, recordings, materials, ideas, or other types of content (collectively “Content”) to the Websites and other websites linked to on the Websites. You understand that all Content Posted by users of the Websites (“User Content”) is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

 

You retain ownership of the intellectual property contained in your User Content.  However, you grant us a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance) any and all User Content that you Post to or through the Websites. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit Content that you Post.

 

You also grant other users of the Websites a non-exclusive, royalty free license to access your User Content via the Websites consistent with the terms herein and to engage in any reproductions, public performances, communications to the public, distributions, or public displays necessary to do so.

 

We have no obligation of confidentiality, express or implied, with respect to User Content that you Post to or through the Websites, and we shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever).

 

 

Procedure for Making Claims of Copyright Infringement For User Posted Content and Links

We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole and absolute discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts.  If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Websites, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:

 

By mail: DMCA Project Paradigm Copyright Agent, 11301 West Olympic Boulevard, Suite 306, Los Angeles, CA 90064

 

By email: copyright@projectparadigm.org

 

By phone: (866) 276-7496

 

To be effective, the notice of claimed infringement must include the following required contents: 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; 
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the Content quickly); 
  • Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted; 
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.  Any person who receives notice that material they Posted to the Websites has been removed in response to a complaint may request the replacement of the material by sending a counter notice to our Designated Agent containing all of the following information:

  • A physical or electronic signature of the Website user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the Website user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The Website user’s name, address, and telephone number, and a statement that the he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the address is outside of the United States, for the Central District of California, and that the Website user will accept service of process from the person who provided the copyright complaint or an agent of such person.

 

Upon receipt of such a counter notice, we may, at our sole and absolute discretion, (i) notify the complaining party that its claim has been contested; (ii) provide that party with the information contained in the counter notice; and (iii) restore access to the removed material, unless the complaining party files a lawsuit within 10 business days of the date of the counter notice.

 

 

Procedure for Making Other Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Websites, please contact us at info@projectparadigm.org.

 

Where appropriate, we will work to prevent unlawful activity from taking place on or through the Websites. 

 

 

Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Websites to: 

  • Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity, or other rights) or encourage or provide instructions to another to do so; 
  • Act in a manner that negatively affects other users’ ability to use the Websites, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; 
  • Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation; 
  • Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling; 
  • Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
  • Post any User Content for which you have not obtained all necessary written permissions and releases;
  • Misrepresent any fact (including without limitation your identity); 
  • Post any User Content 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, including by engaging in any denial of service attack or similar conduct; 
  • Exceed your authorized access to any portion of the Websites; 
  • Collect or store personal data about anyone; 
  • Modify without permission any part of the Websites; 
  • Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Websites; or
  • Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available. 
  • Use any robot, spider, scraper, or other automated means to access the Websites for any purpose. 
  • Take any action that, in our sole and absolute discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites, or bypass any measures we may use to prevent or restrict access to the Websites.

 

 

Indemnification

You will indemnify and hold us, Skild, Sensis Agency, File Mobile, The Challenge Judges, and members of the Challenge coalition harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

 

 

Disclaimers

YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND CONTENT OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITES.

 

WE MAKE NO WARRANTY THAT (1) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITES RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITES, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

Some Content on the Websites or assistance/information provided by agents of Project Paradigm to you may be outdated or contain errors, omissions, or inaccuracies.  Your use of the Websites is done so at your own risk.  You agree not to rely on Content and/or agent opinions, advice, statements, assistance, services, offers, or information.  Project Paradigm does not warrant the accuracy or completeness of any information, materials, or services provided through the Websites or Project Paradigm’s agents.

 

 

Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, PROJECT PARADIGM, SKILD, SENSIS AGENCY, FILE MOBILE, THE CHALLENGE JUDGES, AND MEMBERS OF THE CHALLENGE COALITION SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

  • DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
  • MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITES (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; 
  • IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITES FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
  • THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR 
  • ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITES.

 

IN NO EVENT SHALL PROJECT PARADIGM, SKILD, SENSIS AGENCY, FILE MOBILE, THE CHALLENGE JUDGES, AND MEMBERS OF THE CHALLENGE COALITION BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

 

 

Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

 

Release

If you have a dispute with one or more users of the Websites, or with any party who provides advertising or third-party services, on, or through the Websites, or with any party who provides a website linked to on the Websites, you release Project Paradigm, Skild, Sensis Agency, File Mobile, The Challenge Judges, and members of the Challenge coalition from claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542 which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

 

 

Dispute Resolution

Forum Selection/Jurisdiction

Jurisdiction and venue for any dispute shall be in Los Angeles, California. You and we submit to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision unenforceable, the jurisdiction and venue shall instead be in your home county of residence.

 

Pre-Arbitration Notification

Project Paradigm and you agree that it would be advantageous to discuss and hopefully resolve any disputes before formal proceedings are initiated. In the event of a dispute, the claimant – whether you or Project Paradigm – shall send an email to the other side briefly summarizing the claim and the request for relief. If Project Paradigm is the claimant, the letter shall be sent, via email, to the email address listed in your account, if applicable. If you are the claimant, the letter shall be sent to Project Paradigm, 11301 West Olympic Boulevard, Suite 306, Los Angeles, CA 90064. If the dispute is not resolved within 60 days after the claim is sent, the claimant may proceed to initiate arbitration proceedings as set forth below. However, either you or Project Paradigm may seek provisional remedies from the arbitrator before the expiration of this 60-day period.

 

Arbitration of Claims

Any past, present or future controversy, claim or dispute arising out of or relating in any way to your use of the Websites at any time or for any purpose, The Challenge, the monthly contests, or the Ambassador Program shall be resolved by final and binding arbitration. The arbitration shall take place in Los Angeles County, California. Except as otherwise provided in this Dispute Resolution section, the arbitration will be conducted in accordance with the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available for your examination at www.adr.org. If for any reason the Expedited Procedures are found to be inapplicable or unavailable, the AAA Commercial Rules will apply. The arbitrator shall be a retired judge. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the AAA acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration. Either party may, if it chooses, file a small claims court matter instead of using arbitration. If you decide to commence arbitration, the AAA will require you to pay a filing fee, which currently is $400 for claims up to $10,000. In such cases seeking up to $10,000, Project Paradigm will pay any additional AAA administrative fees in excess of the $400 filing fee. If the arbitrator ultimately rules in your favor and if the award becomes final, Project Paradigm will also reimburse you for the $400 filing fee. For claims in excess of $10,000 (and claims for nonmonetary relief), payment of fees will be governed by the express terms of the applicable AAA rules.

 

GOVERNING LAW

Any claim brought by you against Project Paradigm or by Project Paradigm against you pursuant to this Dispute Resolution section shall be decided according to the substantive laws of California and the United States of America, excluding California’s conflict of laws rules. However, the enforcement of this Dispute Resolution section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this Dispute Resolution section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award), enforcement or vacation of the award in any court of competent jurisdiction, pursuant to the Federal Arbitration Act.

 

Class Action Waiver

Both you and Project Paradigm waive the right to bring any claim covered by this Dispute Resolution section as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this Dispute Resolution section brought by anyone else. Notwithstanding any provision in the AAA Commercial Arbitration Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Dispute Resolution section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

 

This Dispute Resolution section shall remain in full force and effect notwithstanding any termination of your use of the Websites.

 

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING UNDER OR OUT OF OR RELATED TO YOUR USE OF THE WEBSITES OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 

 

Notice For California Users

Under California Civil Code Section 1789.3, users of the Websites from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Miscellaneous

These Terms constitute the entire agreement between you and Project Paradigm, and govern your use of the Websites.

 

These Terms supersede any prior agreements between you and us with respect to the Websites.

 

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

 

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

 

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Project Paradigm’s representatives, officers, directors, managers, partners, coalition members, third-party contractors, employees, licensees, licensors, and agents are intended third-party beneficiaries.

 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

 

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

 

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

 

The headings in these Terms are for convenience only and have no legal or contractual effect.

 

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Websites, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be not responsible for deleting your User Content.

 

“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation. 

Effective
October 07, 2014