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TERMS OF SERVICE

Effective Date of Privacy Policy: 05/06/2015

1. YOUR ACCEPTANCE

Welcome to TheAmericanAwards.com (referenced herein as: The American Awards or theamericanawards.com), a project and web application operated by Perfect Republic, LLC. The following is a legal agreement between Perfect Republic, LLC and their parents, subsidiaries and affiliates (collectively "Perfect Republic") and you ("you" or "user"). By accessing this site or by purchasing goods or services, you agree to be bound by,
(1) these terms of use, conditions of sale, and community guidelines, as well as
(2) The American Awards Privacy Policy, found at http://www.theamericanawards.com/privacy and incorporated herein by reference. If you do not agree to any of these terms, or The American Awards Privacy Policy, please do not use this service. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

2. CONDITIONS OF USE DURING BETA TESTING PERIOD

TheAmericanAwards.com web application is still under development, currently undergoing beta testing, and is being provided to the public on a strictly "AS IS" basis (See "DISCLAIMER OF WARRANTIES" section below). By purchasing one or more nominations at this time, you are paying for the right to nominate someone during the initial cycle of The American Awards system while it is still undergoing beta testing, and you are not purchasing a guaranteed product. Any purchases of nominations or other products/services made on the site at this time are not guaranteed, and no refunds will be granted during the beta testing period.

3. ENTERTAINMENT PURPOSES ONLY

It is expressly understood that TheAmericanAwards.com system is neither a lottery, nor a contest of chance, but an online publishing platform for honoring and recognizing persons for excellence and/or exceptional conduct in a variety of categories.

It is also clearly understood and agreed that TheAmericanAwards.com finalists and/or winners DO NOT receive cash prizes, material gifts, monetary rewards, or other compensation of value in the event of a certain outcome.

It is understood that the opportunity for a nominee to be declared a finalist or winner is dependent on a number of factors, including (but not limited to) the underlying basis/grounds for the nomination, the quality of the nomination narrative or video, and the personal tastes of voting users and/or judges.

4. SPECIFICATIONS OF SERVICE AND ANNUAL CYCLE

TheAmericanAwards.com web application is an online platform for honoring and recognizing persons for excellence and/or exceptional conduct in a variety of categories. It is understood that by submitting a nomination for consideration, you are purchasing and/or acquiring the right to have your nomination to be considered for publication on TheAmericanAwards.com website and web application, for the express use of honoring and/or recognizing someone you believe worthy of being honored and/or recognized.

After submitting a nomination for consideration, TheAmericanAwards.com moderators will evaluate it for compliance with the TheAmericanAwards.com Rules, Terms of Service, and Privacy Policy, and either approve it or reject it. In the event a moderator determines a nomination has been submitted in violation of our Rules, Terms of Service, or Privacy Policy, the moderator is given the discretion to make any minor necessary modifications and approve it, or give the nominator an opportunity to make any necessary changes, or reject the nomination outright.

After a moderator approves a nomination, notification of the nomination is sent to the nominee. After being sent notification of a nomination, a nominee is given a 48 hour period during which time they may choose to decline a nomination for any reason. If a nominee chooses to decline a nomination for any reason, the nomination will not be published. Refunds are not given if a nominee chooses to exercise their right to decline a nomination. If a nominee does not decline the nomination within 48 hours of being notified, it will be published on TheAmericanAwards.com in accordance with, and as an expression of, the nominator’s freedom of speech. However, to protect the privacy of all nominees, any nominations that are auto-accepted will have the last name of the nominee obscured until such time as the nominee chooses to have their full name revealed.

TheAmericanAwards.com operates its nomination cycle on a year-to-year basis. All nominations made between the launch of the present incarnation of the web application and December 31st, 2015 are considered part of the 'beta testing cycle' (also referred to as 'beta cycle' or the ‘initial cycle’).

TheAmericanAwards.com agrees to announce the final systems, equations, and methodology used to determine winners in the various categories on its website before or during the month of August, 2015. TheAmericanAwards.com reserves the right to change these systems, equations, and methodology at any time and for any reason during the 'beta cycle' without notice. TheAmericanAwards.com also reserves the right to change these systems and equations at any time and for any reason during official cycles following the initial cycle, but agrees to publish notice of such changes on its website. Any change to the systems, equations, or methodology used to determine the winners of TheAmericanAwards.com falls within the scope of TheAmericanAwards.com rights, and is not a basis for refunding a previous nomination made under an earlier system, equation, or methodology.

4. SPECIFICATIONS OF AWARDS SYSTEM

TheAmericanAwards.com agrees to announce the systems, equations, and methodology used to determine winners in the various categories on its website. TheAmericanAwards.com reserves the right to change these systems, equations, and methodology at any time and for any reason during the 'beta cycle' without notice. TheAmericanAwards.com also reserves the right to change these systems and equations at any time and for any reason during official cycles following the initial cycle, but agrees to publish notice of such changes on its website. Any change to the systems, equations, or methodology used to determine the winners of TheAmericanAwards.com falls within the scope of TheAmericanAwards.com rights, and is not a basis for refunding a previous nomination made under an earlier system, equation, or methodology.

5. PRIVACY

Any information you provide to us is subject to our Privacy Policy. For more information, review our full Privacy Policy.

6. PERMISSION TO USE CONTENT

Perfect Republic grants you a limited license to access and make personal, noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Perfect Republic or where expressly permitted. You agree not to use or resell TheAmericanAwards.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the nomination or messaging services provided by TheAmericanAwards.com to send SPAM or to send messages to mailing lists for which you do not have the legal right to send or initiate the sending of such message to each recipient.

In order to purchase products or services through TheAmericanAwards.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian who is 18 years of age or older.

All user-provided content is displayed in accordance with the individual nominator’s freedom of speech, as guaranteed by the First Amendment of the United States Constitution, and shall be limited only as necessary to protect the privacy interests of those nominees who request their nominations either not be published, and/or to prevent publication of content that could be considered fraudulent, slanderous, or libel, and/or to prevent abuse or misuse of theamericanawards.com website.

7. SITE SERVICES

TheAmericanAwards.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. TheAmericanAwards.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability. TheAmericanAwards.com also specifically reserves the right to modify or adjust the mathematical equation(s) used to determine the winner at any time and for any reason. Should such changes be necessary, The American Awards agrees to publicly announce such changes on its website.

8. COPYRIGHT

All non user-generated content included on this site, including text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of TheAmericanAwards.com, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Perfect Republic, LLC and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Perfect Republic.

9. COMMUNITY GUIDELINES & MEMBER CONDUCT

To access many features on the site, and to purchase any goods or services, you will be required to create an account with TheAmericanAwards.com. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, and maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify TheAmericanAwards.com of any unauthorized access or tampering of your account, or suspected breach of security.

You agree that any information you provide to TheAmericanAwards.com is truthful, accurate, and complete, including the names or identities of the both the nominator or nominee. You agree to not use TheAmericanAwards.com to upload, post, e-mail, send, or initiate the sending of a nomination, transmit or otherwise make available any content that is unlawful, hurtful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to TheAmericanAwards.com, including but not limited to the sending, creating, linking to, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity, and that you will indemnify Perfect Republic and TheAmericanAwards.com for all claims resulting from any content you supply in violation of these terms. By submitting content to TheAmericanAwards.com through upload or via e-mail, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to TheAmericanAwards.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to TheAmericanAwards.com for the sole purpose of delivering products and services.

You acknowledge that TheAmericanAwards.com is not obligated to prescreen content submitted by users, but that TheAmericanAwards.com shall have the right (but not the obligation) in its sole discretion to refuse, edit, alter, move or remove any content that is made available via TheAmericanAwards.com, or to refuse to accept content for use in any products or services offered on or through TheAmericanAwards.com by any user that violates these terms of service or is otherwise objectionable in TheAmericanAwards.com's sole judgment. If any user submitted content is determined to violate our terms of service or is considered to be otherwise objectionable in any way, and has to be removed from TheAmericanAwards.com website, no refunds will be issued. Should you choose to submit a nomination which your nominee considers offensive, slanderous, or sarcastic, you agree to be charged a “Terms of Use Violation Fee” of $500 by Perfect Republic, and accept full legal responsibility for any civil or criminal liability related to your post. TheAmericanAwards.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content. If, upon such request, TheAmericanAwards.com does not receive information it deems sufficient to evidence such rights, TheAmericanAwards.com reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

You also acknowledge and agree that TheAmericanAwards.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of TheAmericanAwards.com, its users and the public.

You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. TheAmericanAwards.com reserves the right to limit, in its sole discretion and without prior notice to you, the number of nominations you may send using TheAmericanAwards.com or the number of recipients to which you send such nominations.

10. PURCHASE OF PRODUCTS OR SERVICES

You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. Perfect Republic, LLC does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased or obtained through promotional offerings are non-refundable.

You understand that TheAmericanAwards.com website is in the business of selling digital real estate on TheAmericanAwards.com website for the benefit of third parties, and is therefore neither a contest, nor a lottery. Furthermore, you understand and agree that neither the purchasing parties, nor the nominees, nor the finalists, nor the winners, are guaranteed to receive anything of value beyond the opportunity to have their nomination and its ranking published on www.TheAmericanAwards.com.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL PERFECT REPUBLIC OR THEAMERICANAWARDS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THEAMERICANAWARDS.COM OR A THEAMERICANAWARDS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PERFECT REPUBLIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

12. PRIVACY INFRACTIONS

TheAmericanAwards.com takes privacy infractions extremely seriously. If any user has improperly uploaded content which violates your privacy in any way, you agree to immediately inform TheAmericanAwards.com of the content and give TheAmericanAwards.com a reasonable period of time to remove said content. The American Awards Privacy Policy, found at http://www.theamericanawards.com/privacy and incorporated herein by reference, contains the full terms of our privacy policies.

13. DISCLAIMER OF WARRANTIES

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THEAMERICANAWARDS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THEAMERICANAWARDS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEAMERICANAWARDS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT THEAMERICANAWARDS.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

14. PRODUCT INFORMATION DISCLAIMER

It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on TheAmericanAwards.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. TheAmericanAwards.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

15. NEW AWARD CATEGORY SUBMISSIONS

TheAmericanAwards.com website may offer a feature where both customers and members of the general public may, at their discretion, suggest new award categories. While this feature embraces the democratic ideals which underlie the premise of TheAmericanAwards.com by allowing the general public to take an active role in shaping TheAmericanAwards.com, no compensation will be given for any award categories submitted to TheAmericanAwards.com, regardless of whether or not TheAmericanAwards.com creates an award category exactly like, or similar to, the user's suggestion. By submitting a proposal for a new awards category, you agree to give up any and all rights to the idea for the proposed awards category. The intent of this policy is to prevent conflict between multiple individuals who submit award categories which are identical or similar to each other, as well as to prevent conflict when a user submits an award category proposal which has already been developed but not yet launched by TheAmericanAwards.com staff. We apologize for any inconvenience this may cause.

16. UNSOLICITED SUBMISSIONS

Perfect Republic welcomes comments regarding its products and services. However, Perfect Republic's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by TheAmericanAwards.com's very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Perfect Republic. None of the Information shall be subject to any obligation of confidentiality on the part of Perfect Republic and Perfect Republic shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

17. NOTICE

Perfect Republic has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound. Should you not agree to a change in our terms of service during the beta testing period, please disable your account and discontinue use of theamericanawards.com application immediately. Please note that theamericanawards.com web application is being provided “AS IS” and no refunds will be issued during the beta testing cycle for any reason.

18. TERMINATION

This agreement will terminate immediately without notice from Perfect Republic if in Perfect Republic's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from TheAmericanAwards.com and all copies thereof, whether made under the terms of this agreement or otherwise.

19. DISPUTES AND JURISDICTION

In the event you violate these terms of use, in Perfect Republic' sole discretion, TheAmericanAwards.com may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.

This agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to TheAmericanAwards.com or to products you purchase through TheAmericanAwards.com shall be submitted to confidential arbitration in Delaware, except that, to the extent you have in any manner violated or threatened to violate Perfect Republic's intellectual property rights, Perfect Republic may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Perfect Republic or TheAmericanAwards.com.

20. MISCELLANEOUS

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Perfect Republic makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.

21. COPYRIGHT AGENT

Perfect Republic, LLC and TheAmericanAwards.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact TheAmericanAwards.com's Copyright Agent immediately and provide the following information so that we can remove the content as soon as possible:

  • 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 site;
  • 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 owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice 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.

Please send your copyright information to:

ATTN: Copyright Agent
Perfect Republic, LLC
11115 Fawsett Road
Potomac, MD 20854

Policy Last Updated on: Wednesday, May 6, 2015.

The American Awards Leaderboard Page will become active after 100+ nominations have been made. To honor someone you love or admire by making them one of the very first nominees for an American Award, click here and nominate them today!

The American Awards Finalists Page will become active after 500+ nominations have been submitted. To honor someone you love or admire by making them one of the very first nominees for an American Award, click here and nominate them today!

The American Awards Winners Page will become active at the end of the current year. To honor someone you love or admire by making them one of the very first nominees for an American Award, click here and nominate them today!