TERMS OF USE AGREEMENT BETWEEN USER AND YouSaid.com

http://www.yousaid.com

TERMS OF USE

Please read this agreement ("Agreement") carefully before accessing or using the YouSaid website at www.yousaid.com (the "Site"). By accessing or using the Site, you agree to be bound by this Agreement. YouSaid.com provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.

The information and services offered on the Site are provided with the understanding that neither YouSaid.com nor its representatives are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.

We are not providing investment advice through this Site, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of YouSaid.com or its affiliates.

All websites, newsletters, companies, or individuals need official approval from YouSaid.com Marketing, inc ("YouSaid.com") http://www.yousaid.com before they can become a Registered User ("User"). Only websites and other forms of communication that have been reviewed and approved are permitted to use the programs. YouSaid.com reserves the right to withhold or refuse approval on any website, newsletter, company, or individual for any reason, whatsoever.

YouSaid.com and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While YouSaid.com strives to keep the information on this Site accurate, complete and up-to-date, YouSaid.com and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. You acknowledge that you are an independent contractor, and that nothing in this agreement or our business together shall create any form of partnership, agency relationship or joint venture.

PERMISSION TO PUBLISH

You grant YouSaid.com an irrevocable, free, exclusive and unlimited permission to quote, copy, reproduce, publish, transmit and distribute any submissions to the YouSaid.com website; including but not limited to stories, articles, materials, records, and posts ("Materials").

COPYRIGHT NOTICE

Any Materials submitted to the YouSaid.com website by you automatically transfers ownership to YouSaid.com of any copyright, trademarks, or related interest owned by you. You Hereby represent and warrant to YouSaid.com Materials and information submitted to the YouSaid.com website are free and clear of royalty, copyrights, trademarks or other intangible rights not exclusively held and owned by you. The responsibility for determining whether any such intangible rights exist, for obtaining all necessary permissions, and for guarding against the infringement of those rights that may be held elsewhere, remains with you.

PLAGIARISM

Plagiarism is the deliberate use of materials found in print, oral presentations, or visual, electronic or any other media sources. You represent and warrant that any Materials you submit to the YouSaid.com website are not Plagiarized and are original works conceived, created and submitted by you. Any Materials submitted and deemed as Plagiarized by YouSaid.com or any of its partners, affiliates or third party relationships will result in immediate removal of the Materials and related prizes or incentives and your registrations and rights to reenter the YouSaid.com website. YouSaid.com, its affiliates, partners, clients and third party relationships, reserve the right to prosecute you under the fullest extent of the law, including but not limited to punitive damages and attorneys fees should you violate any plagiarism or copyright laws.

Official Contest Rules

  1. ENTRY
    No purchase and no online entry necessary. You must be eighteen (18) years or older at the time of entry to be eligible for this Contest. To enter, complete the sign up page and submit a topic following the Write and Win instructions located at www.yousaid.com. Entries must be made in English in order to be eligible to win prizes (except where otherwise specified). The Contest begins at 12:01 a.m. EST on the first day of each month and ends at 11:59 p.m. EST on the last day of each month. All online entries must be received no later than 11:59 p.m. EST on the last day of each month. Entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries become the property of Yousaid.com and will not be returned to entrant.

    You may also submit an entry for each contest by providing the date, contest name, your First Name, Last Name, Email Address, and Physical address and the best way to contact you on a 3x5 note card mailed to Yousaid.com 11184 Antioch Rd. Suite 113, Overland Park, Kansas, 66210. Post mark must be on or before the last day of the month of the associated contest. One mailed in entry per person per month will be accepted.
  2. WINNER SELECTION
    Winner will be selected in a random drawing to be held on or about the last business day of each month following the end of the contest. Winner will be notified via e-mail, U.S. mail, telephone, and/or by overnight courier. Odds of winning depend on the number of eligible entries received.
  3. POINT SYSTEM
    Points will be awarded to a user upon review and approval by a YouSaid.com Staff Member. Points are initially awarded in a pending status until the Entry is proven a valid Entry which is eligible for points. (see section 1. Entry) Point values vary depending on the contest. Point values will be clearly identified in the contest. Points will be awarded for original content in English (unless otherwise specified). Points are valued at one penny per point. No more than 100,000 points may be stored in a user's account. After the point level reaches 100,000 points, no more points will be credited to that user until some or all points are redeemed. POINTS WILL BE AWARDED AT THE SOLE DISCRESSION OF THE YOUSAID.COM STAFF AND MAY BE REVOKED AT ANY TIME AT THE SOLE DISCRESSION OF THE YOUSAID.COM STAFF.
  4. PRIZE AND POINT REDEMPTION
    Winner will be awarded the prize(s) as detailed in the corresponding contest, or on the point redemption page, on the YouSaid.com website. Prizes may change based on availability. YouSaid.com has the sole right to substitute the prize with another item of comparable value, including cash. All expenses associated with the use of the prize, including any taxes, are the sole responsibility of the prize winner. The approximate retail value of this prize is listed next to each prize displayed on the YouSaid.com website for the corresponding contest. YouSaid.com will not replace any lost, stolen or damaged prize items once items have been shipped. YouSaid.com will not ship prize items to AFO/APO addresses. YouSaid.com will not ship prize items to P.O boxes. There are no cash alternatives for prizes.
  5. ELIGIBILITY
    Except as otherwise prohibited herein or by applicable law, this Contest is open to any person who is eighteen (18) years of age or older and a citizen of the United States and residing in the United States. Employees of YouSaid.com, its respective parents, their affiliates, subsidiaries, advertising and promotional agencies and the immediate family members of each are not eligible to enter the Contest.
  6. WINNER NOTIFICATION
    Contest entrants agree to abide by the terms of these Official Rules, Term of Use Agreement herein and by the decisions of the independent judging organization, which are final on all matters pertaining to this Contest. The prizewinner will be notified within 14 days after drawing date. The prizewinner will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release within seven (7) days following attempted notification. The form may be downloaded at http://www.yousaid.com/legal/FormOfAffidavitAndReleaseForContestWinner.pdf. The prize winner may mail the Affidavit of Eligibility to Yousaid.com 11184 Antioch Rd. Suite 113, Overland Park, Kansas, 66210 or fax it to (888)378-5341. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Yousaid.com is not responsible for the inability to contact prizewinner because of false or erroneous contact information provided by prizewinner on Yousaid.com. It is the prizewinner's responsibility to check for prize notification emails blocked by their junk-email blocking software. IF PRIZEWINNER IS NOT REACHABLE THROUGH THE CONTACT INFORMATION PROVIDED TO YOUSAID.COM WITHIN THIRTY (30) DAYS OF CONTEST CLOSING, YOUSAID.COM RESERVES THE RIGHT DISQUALIFY PRIZEWINNER.
  7. LICENSE TO PUBLISH
    Entrants grant YouSaid.com a perpetual, irrevocable, sublicenseable, worldwide, royalty free right to use, test, translate, publish and distribute your entry and Materials for any purpose including but not limited to the promotion of YouSaid.com, its respective parents, their affiliates, subsidiaries, customers, suppliers, partners, advertising and promotional agencies. Further, none of the entry Materials submitted by you will be treated as confidential, so please do not submit proprietary information. Entrants grant to YouSaid.com the right to use and publish their name online, in print or in any other media in connection with the Contest. Submission to contest constitutes permission for YouSaid.com and its advertising and promotional agencies to use entrants' names and likeness' for advertising and promotional purposes without compensation unless prohibited by law. By entering, participants release and hold harmless Yousaid.com, its parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for injuries, loss or damage of any kind arising from or in connection with the Contest or any prize won.
  8. TAMPERING AND CONDUCT
    YouSaid.com reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of this Contest or web site; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If you fraudulently submit Materials by fraudulent content generation (as determined solely by YouSaid.com, such as scripts, pre-population of forms or mechanisms not approved by YouSaid.com), you will forfeit your entire submission including any points, prizes or commissions for all programs and your account will be terminated. YouSaid.com reserves sole judgment in determining fraud.
    9. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR DEFRAUD ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, YOUSAID.COM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

YouSaid.com grants you access to the Site during the term of this agreement solely to receive the Services. You may access, download print, copy and distribute and modify materials as necessary to receive the Services. You may not license, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without YouSaid.com's prior written permission. You will comply with all privacy laws.

PROPRIETARY RIGHTS

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to YouSaid.com. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of YouSaid.com.

YOUR ACCOUNT

If you are approved to use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you will (i) immediately notify YouSaid.com, (ii) cease using the Site and any information obtained from the site, and (iii) destroy all copies of your account information, password and any information obtained from the Site.

CONFIDENTIAL INFORMATION

You agree that you will not disclose Confidential Information to any person or entity or, if you are an organization, to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the YouSaid.com website. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the Site or (ii) which is (A) marked "Confidential," "Restricted," or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to YouSaid.com that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not without the prior written permission of YouSaid.com use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor, copy or submit Materials to any of the Web pages, data or content found on this site or accessed through this site.

If you are under the age of 18, you may not use this Site.

The content of the Materials you submit to the website and/or any other form of communication cannot contain any adult content nor link from, or to, any adult materials including but not limited to:

  1. Explicit, vulgar or obscene language
  2. Posting or referencing of sexually explicit images or other offensive content
  3. Promotion of adult services, such as phone sex or escort services

The content of the Materials you submit to the website and/or any other form of communication cannot infringe on any personal, intellectual property or copyrights nor include:

  1. Racial, ethnic, political, hate-mongering or otherwise objectionable content
  2. Investment, money-making opportunities or advice not permitted under law
  3. Gratuitous violence or profanity
  4. Material that defames, abuses, or threatens physical harm to others or to you
  5. Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
  6. Software Pirating
  7. Hacking or Phreaking.
  8. Any illegal activity whatsoever
  9. Any questionable or controversial subject matter
  10. Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic
  11. Any reference to liquor, alcohol, tobacco, pornography, lotteries, firearms or ammunition.

  12. No links whatsoever.

You cannot place our advertisements into the Materials you submit, unless approved by YouSaid.com in writing. If any Affiliate violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, YouSaid.com reserves the right to withhold prizes and take appropriate legal action to cover its damages. YouSaid.com reserves the right to change any conditions of this contract at any time.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED TO INCLUDE CURRENT CONTESTS, PRIZES AND GIVEAWAYS ON THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUSAID.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ANY PRIZES OR MERCHANDISE RECEIVED AS A RESULT OF BEING AN ACCOUNT HOLDER OR WINNER OF A CONTEST ARE LIMITED TO THE WARRANTIES OF THE MANUFACTURES OF THESE ITEMS AND ARE NOT WARRANTED OR GUARANTEED TO FUNCTION, OPERATE OR PERFORM BY YOUSAID.COM.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUSAID.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, CONTEST TERMINATION OR CANCELLATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, MATERIALS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY ACTION OR INACTION OF ANY ADVERTISER OR (vi) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.

CHANGES TO SITE

YouSaid.com may make improvements or changes in the information, services, products, contests, prizes, points and other materials on this Site, or terminate this Site at any time. YouSaid.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

DISPUTE RESOLUTION

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Site or the services provided on the Site will be resolved exclusively by final and binding arbitration conducted pursuant to the AAA's Procedures for Consumer-Related Disputes in conjunction with the AAA's Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at the AAA regional office nearest you; (4) The arbitrator's decision shall be controlled by the terms and conditions of this Agreement; (5) The arbitrator shall apply Kansas law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are is required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, YouSaid.com retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, YouSaid.com retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by YouSaid.com to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

YouSaid.com and other logos, product and service names are trademarks and service marks owned by or licensed to YouSaid.com or its affiliates (the "Marks"). Without the prior written permission of YouSaid.com, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

© Copyright 2008, YouSaid.com. All rights reserved.