X PRIZE Terms of Use

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PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

THE BASICS

Welcome to our website. This page contains terms that make up a legally binding agreement (“Terms of Use”) between X PRIZE FOUNDATION (“X PRIZE”) and you or the group (company, school, etc.) you are representing while visiting this website or any of our other websites (we’ll refer to each and all subdomains as our “Website” generally):

By accessing this Website, registering for or participating in a Challenge, Prize, or other competition, making a donation or using any of the services offered by our Website, you agree to follow these Terms of Use and our Privacy Policy located at http://www.xprize.org/privacy-policy, as well as all applicable laws and regulations. If you do not agree, please do not use our Website.

Finally, because laws and policies covering the Internet can change quickly, we need to keep up. To do so, we reserve the right to make changes to these Terms of Use at any time, though we will post the amended Terms of Use right here when we do so. Please periodically check these Terms of Use for changes. Your continued use of our Website following the posting of changes to the Terms of Use will mean you accept those changes.

COMPETITION RULES

As you’re probably aware, X PRIZE hosts high-profile competitions to promote radical breakthroughs for the benefit of humanity. We set ambitious goals, and to accomplish them we require all participants in our challenges, prizes, or other competitions to abide by a Master Team Agreement and any other agreements or rules and regulations applicable to that competition, challenge or other prize. If these Terms of Use conflict with or are inconsistent with any Master Team Agreement or rules, the Master Team Agreement or rules will control.

Please note: Any provisions pertaining to ownership of intellectual property relating to a competition will be set forth in the competition’s Master Team Agreement. These Terms of Use will not serve to transfer any of your intellectual property used in any competition entry (or otherwise provided to us as part of a team for a competition) to X PRIZE.

HOW TO REACH US

Our main office is:
X PRIZE Foundation
5510 Lincoln Blvd. Suite 100
Playa Vista, CA 90094-2034
U.S.A.
T 310-741-4880
F 310-741-4974

X PRIZE operates this Website from its headquarters in the United States. We can’t promise that this Website is appropriate or available in other locations; if you do access this Website from another country, you agree to follow all of that country’s laws regarding the use of this Website. Furthermore, references to X PRIZE products, programs, and services do not imply that X PRIZE intends to announce such products, programs, or services in your country.

You may contact us using the form at http://www.xprize.org/contact with any questions, complaints, or claims.

If you are a copyright owner or working for one and believe that something on this Website belongs to you or otherwise violates your rights, let us know by following our DMCA Policy, available at http://www.xprize.org/dmca-policy .

1. WHO CAN USE THE WEBSITE

Unless we say otherwise below, this Website is intended to be used only by individuals and entities that can enter into legally binding contracts under applicable law. Your use of our Website will be deemed to be a representation that you are either 18 years of age or older or between the ages of 13 and 18 and using this Website under the supervision of your parent or guardian. So long as you meet these criteria and follow all laws, these Terms of Use and our Privacy Policy, we grant you a limited, revocable, non-exclusive right to use our Website, its services and any materials we offer on it.

2. SIGNING UP

Registration. You do not have to register or otherwise provide us with any information in order to visit our Website; however some features of our Website may require you to create a user account. If you create an account, we need you to provide only true, current, complete and accurate information and you agree to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account, and should change your password from time to time to keep it secure. It should go without saying, but you may not use anyone else’s account at any time, without their permission.

Safeguarding Your Account. You are responsible for the activities that occur under your account. If something goes wrong and you think someone else is using your account or accessing the information in your account without your permission, you must change your passwords and let us know immediately, but X PRIZE will not be liable for any loss that you may incur as a result of someone else using your password or account. We’re trusting you to take good care of your secure information, and you could be held liable for losses incurred by X PRIZE or another party due to someone else using your account or password.

USING X PRIZE’S INTELLECTUAL PROPERTY

Our Property. We’ve worked hard to bring you this Website and all of its associated content. X PRIZE and its licensors will retain ownership of our intellectual property rights, including, without limitation, rights to our Website’s content, trademarks and other logos, text, graphics, icons, images, audio clips, video clips, digital downloads and the “look and feel” of our Website and all services offered by us (“Our Property”). You can only use Our Property in connection with your personal use of our Website.

Use of Our Knowledge. You can view, copy, print, display, transmit and distribute publications, documents and other content found on our Website (such as FAQs, white papers, datasheets, press releases and so on), for your personal, non-commercial use, but not for any other purpose.

What Is Not Allowed. We want to provide our Website and related services to as many people as possible. To do that, we need to foster an environment where everyone feels they can use our Website and share ideas safely. Your promise to follow our rules helps us get there. Therefore, you agree not to:

  • Use our Website or services for any illegal purpose, or any other purpose not permitted in these Terms of Use
  • Use our Website or the things on it for a commercial purpose
  • Modify, adapt or translate any part of our Website without first getting our written permission
  • Reverse-engineer, decompile, create derivative works of, modify, disrupt, otherwise tamper or disassemble the technology we use to provide our Website (and related services) or otherwise attempt to obtain our source code
  • Bypass, modify, defeat, reverse-engineer, disassemble, tamper with or circumvent any of the security features of our Website, including altering any digital rights management functionality of our Website
  • Remove or alter any copyright, trademark or other proprietary notice contained on our Website
  • Interfere with or damage our Website or our servers through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology
  • Impersonate another person or entity, misrepresent your affiliation with a person or entity (including us), or use a false identity
  • Collect, manually or through an automatic process, information about other users or our Website
  • Submit false or misleading information to us or post material that infringes on a third party’s intellectual property
  • Engage in any activity that interferes with any third party’s ability to use or enjoy, or our ability to provide our Website
  • “Deep link” or frame, inline link or mirror any part of our Website without our written permission
  • Engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation
  • Assist or encourage any third party in engaging in any activity restricted by these Terms of Use

If you breach these restrictions, you may be subject to prosecution and damages and will be prohibited from using our Website.

Your Publicly Available Content. Our Website may offer opportunities for interactive activities, which may enable you and other users to communicate with each other directly, or to post information and other material that will be visible to the entire Internet. If you post, publish or communicate anything through our Website (from raw data to software to photographs to sounds and beyond), this content will be seen by other users, so please choose carefully the information that you post or provide to other users (“Your Content”). Your Content also includes comments, testimonials, feedback, suggestions, ideas, and other submissions about our Website or our services or how to improve them. Do not submit any of Your Content that you consider to be confidential or proprietary or if you do not wish to grant us the rights described below. Even if you submit Your Content, we are not required to post or use it in any way.

That said, Your Content does not include anything you provide to us as part of a team for a competition (e.g., an official entry or registration). Those submissions are governed by the competition’s Master Team Agreement. We do not claim ownership of those submissions, except as we explain in the Master Team Agreement.

What We Do With Your Content. By posting Your Content, you are telling us that it is exclusively and truly yours, you are providing it gratuitously and without restriction, and that you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance, distribute and otherwise exploit Your Content in any way in connection with our Website or X PRIZE (consistent with our Privacy Policy). We can’t provide any duty of confidentiality, attribution or compensation for Your Content, and you agree to defend and hold X PRIZE harmless if you or anyone else claims otherwise, claims they have rights in Your Content or if Your Content otherwise violates the law.

Being “Social” Without Being Anti-Social. We expect basic courtesy from our Website visitors. You may not post or transmit through our Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind. While we can’t promise to always monitor our Website, we may review materials posted to it and remove and/or edit any materials, suspend users or terminate accounts or access to our Website whenever we choose.

No Sponsorship of User Posts. We do not control or endorse Your Content or content posted by others and, therefore, we can’t accept any liability with regard to Your Content and any actions resulting from your use of our Website and interaction with other users. You are solely responsible for your interaction with other users of our Website and any material that you post.

Persistence of Content. We might, or we might allow you to, delete Your Content that appears on our Website. However, keep in mind we keep backup copies which may contain Your Content that you delete, and if another user saw one of your posts and copied or shared such content, your deletion of Your Content will not delete copies shared by others.

3. THIRD PARTY SITES

Our Website contains links to third-party sites that are not under our control, so we are not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites, or your dealings with the owners of such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We encourage you to be aware of when you leave our Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

4. X PRIZE’S REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

What follows is very important, and explains the limits of our responsibilities and liabilities regarding your use of our Website.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, OUR WEBSITE AND ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATIONS ON OUR WEBSITE ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND X PRIZE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITES AND OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES OR THE SERVERS THAT MAKE OUR WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN OUR WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. OUR WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. X PRIZE ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN OUR WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL X PRIZE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE OR MATERIALS ON OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. IN NO EVENT WILL OUR MAXIMUM, AGGREGATE LIABILITY EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

5. INDEMNIFICATION

In short, we are counting on you to comply with these Terms of Use when using our Website and our services; if you don’t, we expect you to protect us from any harm that results from your actions, as explained below.

YOU AGREE TO INDEMNIFY AND HOLD US AND OUR EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, MANAGERS AND SHAREHOLDERS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY DAMAGE, LOSS, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND OR ACTION (“CLAIM”) BROUGHT OR ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES: ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THESE TERMS OF USE BY YOU; ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR COMMENTS, YOUR USE OF OUR WEBSITE, INCLUDING ANY USE BY YOUR EMPLOYEES, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION PURSUANT TO THIS PROVISION, WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT OUR EXPRESS WRITTEN CONSENT.

6. YOUR REPRESENTATIONS AND WARRANTIES

We are relying on certain promises you make to us. You represent and warrant to X PRIZE that: (i) you have the full power and authority to enter into and perform your obligations (including granting us rights to Your Stuff) under these Terms of Use; (ii) your agreement to be bound by and comply with these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) these Terms of Use are your legal, valid and binding obligations, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of X PRIZE or any third party in your use of our Website; and (v) you will comply with all applicable laws, rules and regulations in your use of our Website, including these Terms of Use.

7. MISCELLANEOUS

Termination; Survival. We may, in our discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of our Website at any time without prior notice. We may deny you access to all or part of our Website at any time for any reason or no reason at all. These provisions will survive termination: 3, 5, 6, 7, and 8. For purposes of clarity, the survival of the provisions in “Use of our Website” and “Your Representations and Warranties” means that even if your account is terminated, if you breached those provisions while using our Website, we have the right to sue you for damages or injunctive relief.

Governing Law. These Terms of Use and our relationship with you will be governed exclusively by the laws of the State of California, without regard to its conflicts of laws rules. Any litigation arising out of or relating to this Agreement must be filed and pursued exclusively in the State or Federal courts in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts. If either of us resort to legal action relating to our relationship, the prevailing party will be entitled to an award of all its costs and reasonable attorneys’ fees.

Notice. We may deliver notice to you by any method that we deem reliable. You may only give notice to us by using the address listed above.

Entire Agreement; Assignment; Independent Contractors. The Terms of Use constitute the entire agreement between us, superseding any prior agreements between us (including, but not limited to, any prior versions of the Terms of Use), other than a Master Team Agreement (if applicable).

No Waiver; Time for Claims. Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If an arbitrator or a court finds any provision of these Terms of Use to be invalid, we both agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Headings are for convenience only.