Please read our Terms of Service (these “ToS” or “Agreement”) carefully before submitting any information or using the various Services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Site or Edge5 Marketing Inc. and any of its affiliates, parents and subsidiaries (individually and collectively, “we,” “us,” “our” or “EDGE5”).
IMPORTANT INFORMATION TO NOTE:
• YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THIS AGREEMENT, AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT.
• OUR BUSINESS CHANGES CONSTANTLY, AS MAY ANY POLICY OR RULE POSTED TO THE SITE, INCLUDING THIS AGREEMENT. IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THIS AGREEMENT. WE RESERVE THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME WITHOUT PROVIDING NOTICE TO YOU. YOUR CONTINUED USE OF THE SITE AND/OR OUR SERVICES SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.
- Description of Services: The Site permits you to participate in small marketing surveys and enter sponsored sweepstakes. All activities and capabilities offered by or through the Site, including our plugins, shall individually and collectively be referred to as “Services”.
a. These ToS apply to all users (“Users”). The Site includes proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site.
b. EDGE5 reserves the right to add, change, modify, suspend or discontinue any portion of the Site or any Service(s) offered at any time. EDGE5 may also impose limits on certain Services or
features and/or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.
- Eligibility: All Users of the Site must be at least eighteen (18) years of age or older. This Site and its Services were designed for Users who are legal residents of the United States and its
- Term/Termination: EDGE5 may decide at any time in its sole and absolute discretion whether to terminate a User’s access to the Site or any Services, for any reason, including but not limited to violations of this Agreement. EDGE5 may or may not provide notice to the User of such
termination through any reasonable means including, but not limited to, sending notice to the User at the e-mail address available on its database. Such termination is effective when executed by EDGE5 or upon transmittal by EDGE5, which ever occurs first. However, a User’s obligations of indemnification pursuant to any section in this Agreement shall survive any termination.
- Submissions. As a feature of our Services, Users may be permitted to submit survey responses
and sweepstakes entries (“Submission”). EDGE5 does not guarantee the confidentiality of these
Submissions. By posting your Submissions, you hereby agree, and are fully subject, to these
content terms (“Content Terms”).
a. You hereby grant EDGE5, its parents, subsidiaries, affiliates and assigns a non-exclusive,
unlimited, worldwide, fully paid, irrevocable license to copyright, edit, copy, use, destroy
This license shall permit and include the usage of Submissions in any advertisements in
any media or form. This section shall survive any termination of the Agreement.
b. EDGE5 may, in its sole and absolute discretion, choose to screen Submissions and reject
any Submissions for any reason, or no reason, whatsoever.
c. You waive any right that you may have to inspect or approve any finished product or copy
using or incorporating the Submissions, or the use to which the Submissions may be
d. EDGE5 may include or add editorial copy or other writings or graphics to the Submissions.
e. You are subject to any other guidelines and rules that may appear at the Site.
f. Neither you nor anyone else will receive, either now or in the future, any compensation
from anyone, for the Submissions.5. Proprietary Rights of Content: The content on the Site, including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the
“Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are
owned by or licensed to either EDGE5, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Services or other materials viewed at, on or through the Site and Services.
- Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed;
iii. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. 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.
EDGE5’s designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent c/o
Edge5 Marketing Inc.
2310 Paseo Del Prado, Suite A106
Las Vegas, Nevada 89102
You acknowledge that if you fail to comply with all of the requirements of this section, your
DMCA notice may not be valid.
b. Counter-Notice. If you believe that any Content or Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled
and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentification of the content;
iv. Your name, address, telephone number, and e-mail address;
v. a statement that you consent to the jurisdiction of the federal court in Clark county,
vi. a statement that you will accept service of process from the person who provided
notification of the alleged infringement.7. Privacy: Your privacy is very important to us. To better protect your rights, we have provided
- Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates,
officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site or the Services (ii) arising from your breach of this Agreement, or (iii) your violation of any policies, rules or guidelines referenced on the Site.
- Warranties: You expressly agree that access or use of the Site or Services is at your sole risk.
The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any
express or implied warranty of any kind, including, but not limited, non-infringement of
i. We and the Covered Parties have no liability whatsoever for your use of, or inability to use,
the Site or Services to the fullest extent permitted by applicable law. We and the Covered
Parties are not liable to you or to any third party for any indirect, special, incidental or
consequential damages, whether based on breach of contract, breach of warranty, tort
(including negligence), product liability or otherwise, even if advised of the possibility of
ii. The negation of damages set forth above is a fundamental element of the basis of the
bargain between us and you. The Site and Services would not be provided to you without
such limitations. No advice or information, whether oral or written, obtained by you from
us through the Site or Services shall create any warranty, representation or guarantee not
expressly stated in this Agreement.
g. 10. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the remaining portions shall remain
in full force and effect.
a. To the extent that anything in, or associated with, the Site or Services is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision, or any other provisions in this Agreement.
b. You expressly authorize us to comply with any and all lawful notices, subpoenas, court
orders and/or warrants without prior notice to you.
- Dispute Resolution: If a dispute arises between you and EDGE5, our goal is to provide you
with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree
that we will resolve any claim or controversy at law or equity that arises out of this Agreement or
our Services (a “Claim”) in accordance with the subsections below or as we and you otherwise
agree in writing. We strongly encourage you to first contact us directly to seek a resolution by
sending an e-mail to firstname.lastname@example.org. We will consider reasonable requests to resolve
the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as
alternatives to litigation.
a. Choice of Law and Forum- This Agreement shall be treated as though it were executed and
performed in Clark County, Nevada and shall be governed in all respects by the laws of the
State of Nevada without regard to conflict of law provisions. You agree that any Claim or
dispute you may have against EDGE5 must be resolved by a court located in Clark County,
Nevada, except as otherwise agreed by the parties. You agree to submit to the personal
jurisdiction of the courts located within Clark County, Nevada for the purpose of litigating
all such Claims or disputes.
12. Contact Us:
Edge5 Marketing Inc.
2310 Paseo Del Prado, Suite A106
Las Vegas, Nevada 89102