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Terms of Use

 

1. Agreement.  By using or visiting the Compengine website or any Compengine products, software, data feeds, and services provided to you on, from, or through the Compengine website (collectively the "Service") you signify your agreement to these terms and conditions (the "Terms of Service") and Compengine's Privacy Policy, found at http://compengine.com/page/2/privacy-policy and incorporated herein by reference. If you do not agree to our Terms or Service and our Privacy Policy, please do not use the Service.

Compengine may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://compengine.com/page/3/terms-of-serivce. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

 

2. Service. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Compengine  including but not limited to all products, software and services offered via the Compengine website.

 

 3. Registration.   Compengine users provide their real names and information. We appreciate your assistance in keeping it this way. Here are some promises you make to us relating to registering and maintaining your account:

  1. You will not provide any false personal information on Compengine, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal profile.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use Compengine if you are under 13.
  5. You will not use Compengine if you are a convicted sex offender.
  6. You will not share your password, or let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. We reserve the right to remove or reclaim your username.

 

4. Contest Rules.  To be eligible for contests, videos must be uploaded before midnight on the last day of such contest period, as specified on the Website:

  1. You shall only submit performance footage of yourself and your friends who have given you permission to use their footage. 
  2. The maximum duration for contest submissions is 3 minutes.
  3. You may submit ONE video per category.
  4. If you are unhappy with how your video is performing, you have the option to change the video for that category. Once you change a video, future competitions in that category will be with your new video.
  5. You are the judge; every time you chose a winner someone moves up in ranking and someone moves down, so pay attention, your vote counts.
  6. Each contest will include 4 rounds.
    1. At the conclusion of the 1st round, the top 50% move up to the second round.
    2. At the conclusion of the 2nd round, the top 25% move up to the final round.
    3. At the end of the second round, The last Chance Qualifier Round, a knock out round, runs and the top 25% move into the final round.
    4. The final round, a modified knock out round, runs until a winner prevails.
  1. Upon request, prizewinners agree to submit proof of eligibility, a manually signed version of this Agreement, a Consent and Release Form for each person shown or depicted in the winning User Submission, and appropriate tax forms.
  2. If you fail to provide such information, documentation or consent, Compengine reserves the right to deny you any prize winnings and award them to another participant. 
  3. If you are chosen as the winner of a contest, you hereby consent to the use of your image, voice, likeness and persona without compensation for any and all publicity and advertising purposes, and you hereby release Compengine from any and all claims arising from such use.
  4. Compengine reserves the right to disqualify user votes and User Submissions if it determines, in its sole discretion, that a voter is inappropriately rating videos in order to intentionally skew results
  5. Prize winners are responsible for all taxes associated with contest prizes.

5. Ownership of user submissions.  As a Compengine account holder you may submit Content to the Service, including videos and user comments. Videos that you upload or otherwise transmit to Compengine through the Services shall at all times remain your sole and exclusive property. You understand that Compengine does not guarantee any confidentiality with respect to any Content you submit.

a.    By submitting Content to Compengine  you hereby grant Compengine and its affiliates, successors and assings a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Compengine s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.

b.    The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Compengine may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

c.    You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Compengine all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

d.    You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Compengine all of the license rights granted herein. You agree that you will not submit to the Service any Content or other material that is contrary to the Compengine Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

e.    Compengine does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Compengine will remove all Content if properly notified that such Content infringes on another's intellectual property rights.


6. Compengine Proprietary Rights.

a.    The content (other than Your Content and other users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Compengine Content”), is the exclusive property of Compengine and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
b.    We grant you a limited, revocable, nonexclusive, non-transferable, license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
c.     You agree to not use or exploit the Compengine Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms.
d.    You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Compengine Content. All rights not expressly granted in the Terms are reserved to Compengine and its licensors.

 

7. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13. If you are under the age of 13 stop using this website.

8. Community Guidelines. You agree that you are entirely responsible for any Submission that you post, email or otherwise transmit to or via the Compengine Site or Services, whether publicly posted or privately transmitted.  You agree to not use the Compengine Services (including, without limitation, the Compengine Site and the Forums) to: 

  1. submit Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2.  harm or unlawfully exploit minors in any way (including but not limited to uploading, posting, emailing, or otherwise transmitting any Submission involving the unlawful exploitation of a minor);
  3. submit Content that is depicting gratuitous animal cruelty;
  4. impersonate any person or entity, including, but not limited to, an Compengine official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Service;
  6. solicit other users of the Compengine Site to join or become members of any online or other service;
  7. Submit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  8. Submit Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  9. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  10. upload, post, email or otherwise transmit any material 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;
  11. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Services;
  12. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  13. "stalk" or otherwise harass another member or user of the Services; or
  14. collect or store personal data about other users, or members.



 9. Warranty Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPENGINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM  ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPENGINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

 

 COMPENGINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPENGINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.

 

10. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL COMPENGINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

YOU AGREE THAT COMPENGINE SHALL NOT BE LIABLE FOR CONTENT THAT IS DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY AND YOU HOLD THE RISK OF HARM FROM THE FORGOING CONDUCT.

  

11. Indemnification. You agree to indemnify, defend and hold Compengine and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

 


12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) 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; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Compengine’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
Compengine
Notifications@compengine.com

 

13. Applicable Law. This site is created and controlled by Compengine Inc. The laws of the State of North Carolina will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms and Conditions or your use of the site or the Materials shall be the appropriate state or Federal court in Mecklenburg County, North Carolina.


14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Termination. Compengine may terminate this Agreement at any time, with or without notice, for any reason. Compengine may terminate a user account at any time, with or without notice, for any reason. 

16. Contact Information. If you have questions or comment about our policies, feel free to contact us.

HOW TO CONTACT US:

Compengine Customer Service
250 W Park Ave

Charlotte NC, 28203
704-507-0051
Customerservice@compengine.com