Prizer

Welcome to the Prizer App (the “App”) provided to you by prizerwin ltd. (which will be referred to herein as either “Prizer”, “we”, “us” or “our”). The App and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us in order to provide you a means to run competitions on your website or mobile application & social networks. ThesePrizerTerms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. You will be bound by the terms that where last updated before you use or access these services. The date when these Terms were last updated is indicated at the end of the Terms.

Registration and Access

To access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your Prizer settings screen. Based on the specific package you choose, you may grant account access to additional users in your organization. and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared. We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at hello@Prizer.com

Fees and Billing

By creating a promotional prize draw Prizer, you agree to timely payments all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge is incurred. If payment cannot be charged to your credit card or the charge is returned for any reason, Prizer may suspend or terminate your account. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us). WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY SUBMITTED PRIZE DRAWS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Prizer Limitations

PLEASE NOTE SOME THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF. Furthermore, please note that currently the Services were created with the intent to be used by users in North America. You may use the Services outside of such territories, but bear in mind that Prizer makes no representations that the Service is appropriate or available for such use.

Ownership of the Services Provided to You

The underlying platforms of the Services are either the proprietary property of Prizer or the proprietary property of our licensors or licensees. By subscribing to our Services, Prizer grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier. “Prizer”and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to Prizer. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Prizer. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. As Prizer can be used on any website or mobile application in any country, by using Prizer you acknowledge that you are responsible for compliance with any local laws. Prizer DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE. Prizermay require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Prizer may use any information you provide consistent with Prizerand these Terms of Service.

Technical Support

Technical support is provided to you by Prizer via email during regular business hours (i.e. Monday to Friday from 9AM GMT to 5PM GMT) by sending your technical inquiries to info@Prizer.com. Prizer shall respond to via email to your support request within a reasonable time-period.

Account Content & Use Of Services

You shall be solely responsible for the information you or any of your authorized users transmit or submit through the App or the Services. You expressly agree that your use of the Services and your account content will not:

  • Be defamatory, libellous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;

  • Infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use;

  • Be otherwise inappropriate or unlawful.

As far as your actual usage of the Services, you shall not (directly or indirectly):

  • Run a competition without the intention of awarding a prize;

  • Run a competition to refer users via a referral link into another competition;

  • Ignore Prizergenerated entries by picking an external winner - unless specifically mentioned in your T&C. For example, running a Prizer campaign and picking winner on-site only, this defrauds users of their entries generated via Prizer.

  • Setup a fake giveaway with the sole intention of driving entries to a real giveaway (without the intention of providing a prize for your campaign);

  • Giveaway game keys purely for the purpose of farming followers for various groups or other social accounts;

  • Run a competition that is funded by or mostly contains referral, affiliate links or CPA offers;

  • Run a campaign that is purely designed to exchange followers (or other actions) and not for business purposes;

  • Encourage users to break the terms of service of an external App (i.e. clicking Adsense ads);

  • Use or copy prize images that you do not own the copyright to;

  • Create multiple or false contestant accounts for the purpose of increasing campaign entries or redeeming multiple rewards;

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission;

  • Reverse engineer, decompile, or disassemble any aspect of the Service;

  • Attempt to automate entries with the intent of defrauding the Competition Owner;

  • Forge headers or otherwise manipulate identifiers to disguise the origin of any data transmitted to other users;

  • Interfere with or disrupt the Service or other user’s use of the Service;

  • Reproduce, duplicate or copy or exploit any other portion of the Prizer App, without the express written permission of Prizer;

  • Modify, adapt or hack the Prizer App or falsely imply that some other app is associated with Prizer App

  • Create multiple accounts after your account has been disabled;

  • Knowingly run campaigns on behalf of users that are already banned for previous TOS violations;

  • Breach of any of the TOS may result in a permanent account ban, or initiate an investigation whereby Prizer may ask for more information from you (such as communication with winners). During this time, any live giveaways inside the account may suffer interruption, until such information is presented.

Third Party Applications & Reliability

While the primary purpose of the Services is to aggregate third party website, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that Prizerdoes not own or control any of these. As Prizerserves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while Prizer monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent. Prizeralso assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve Prizer from any and all liability arising from your use of any Third Party Applications. You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.

Right to Shut Down, Deny or Limit Access, Remove Content

Prizer reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, Prizer reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

Your Feedback

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or mobile application or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Prizer, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, Prizer may use or redistribute any such submission and its contents for any purpose and in any way, it deems. To provide such submissions or feedback, please email info@Prizer.com

No Warranty

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. Prizer DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Liabilities and Indemnities

You shall indemnify and save harmless Prizerand its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Prizer and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

THE CUMULATIVE LIABILITY OF PrizerFOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERIVICES OR USE OF THE SITE. Prizer WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Prizer OR ANY THIRD PARTY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Confidentiality and Privacy

We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how Prizerprotects your personal information, please refer to our Privacy Policy.

Miscellaneous

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of England & Wales, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of England & Wales, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.

This document was last updated on March 12, 2019

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