THE OFFICIAL GUIDE TO SPRING BREAK WEBSITE

TERMS AND CONDITIONS

1. GENERAL TERMS OF USE
   1. ACCEPTANCE: By using or visiting the THE OFFICIAL GUIDE TO SPRING BREAK (“TOGSB” or "Site") you ("you" or "USER") indicate your agreement to these terms and conditions. Any use of TOGSB by you after such notice shall be deemed to establish acceptance by USER of such terms and conditions and such modifications, changes, or additions. If you do not agree to any of these terms, please do not use this Site.
   2. AGE RESTRICTION: By using this Site you establish that you are 18 years of age or older. The use of this Site or the submission of content on this Site forms a binding contract between you and Integrated Digital Media, LLC, d/b/a TOGSB.
   3. AGREEMENT: USER agrees that any submission or other content provided and/or posted by the USER ("Submission") becomes the unrestricted property of TOGSB and may be used for all purposes, reproduced, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted, in perpetuity and in all media now known or hereafter devised, including the right of reproduction thereof, throughout the universe, as TOGSB may determine in its sole and absolute discretion.
       
2. SUBMISSIONS
   1. TOGSB has the absolute, exclusive, full and unconditional power, right, and authority over the Submission to the Site.
   2. USER represents and warrants to TOGSB that USER owns or has rights to all elements of any Submission. TOGSB’s use or exploitation of the Submission will not violate any trademark, copyright, right of privacy or publicity, or any other right of any person or entity. USER agrees to pay for all royalties, fees and any other monies owing any person by reason of any content USER posts on the site. USER agrees to hold TOGSB and its related or affiliated companies harmless and to defend and indemnify it from any and all claim, demand, royalty, liabilities, loss, claims, or causes of actions, whatsoever, including reasonable attorneys' fees and expenses that may be incurred by TOGSB or any related or affiliated company, arising out of or relating to USER’s breach of any representation or warranty, or any other violation of these TERMS AND CONDITIONS.
   3. USER represents and warrants that USER is the sole originator, author and creator of any Submission, that it is an original work and has not been previously used, reproduced, published or otherwise exploited in any form and/or medium and/or that USER solely owns and/or controls the Submission and all elements and rights in and to the Submission.
   4. USER represents and warrants that nothing contained in any Submission is copied from or infringes upon any rights of any person or entity, including but not limited to libel, slander, defamation, the rights of privacy or publicity, copyright, or trademark.
   5. USER understands that USER's Ssubmissions are considered non-confidential and TOGSB is not responsible for maintaining the confidentiality of any submitted information and;
   6. USER represents and warrants that USER is not in breach of any contract with a third party and the consent of no other person or entity is required for TOGSB to use the Submission.
       
3. CONTENT
   1. USER agrees that any Submission or any content whatsoever posted in the public areas of the Site becomes the property of TOGSB and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted as TOGSB sees fit in its sole and absolute discretion.
   2. USER agrees that if required, you have the permission of each natural and identifiable natural person in any Submission to use such person’s name or image and likeness.
   3. USER agrees not to submit, post, or make accessible on the Site any Submission containing material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express agreement of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. A person deemed by TOGSB, in its sole discretion, to have violated the intellectual property or other rights of others shall be disqualified from submitting or posting any further material.
   4. USER understands that when accessing the Site, you will be exposed to content and submissions from several sources (collectively "Content"), and that TOGSB is not responsible for the usefulness, accuracy, safety, or intellectual property rights of or relating to such Content.
   5. USER accessing the Site recognizes that some Content may be, offensive, indecent, intolerable, or inaccurate and USER consents to relinquish any equitable or legal rights or remedies that USER may or could have against TOGSB.
   6. USER agrees to defend, indemnify and hold harmless the owners, members, managers, affiliates, agents, operators, licensors and licensees of TOGSB to the full extent allowable by law concerning all matters connected to the use of this Site.
       
4. CONDUCT AND RESTRICTION OF CONTENT. USER represents and warrants that USER's conduct, content or Submissions posted on the Site is consistent with all applicable laws and regulations. TOGSB maintains the right to investigate anyone who violates this provision such as removing the offending content from the Site and terminating the rights of any USER to the Site. TOGSB has the right to scrutinize Submissions and activities that violate these terms and assert legal action, including informing the appropriate law enforcement authorities, for any objectionable or illegal activities, including activities that:
   1. Encourage unlawful behavior such as racism, prejudice, hatred against any group or individual;
   2. Disseminate false or misleading information;
   3. Knowingly submit or provide links to other sites without TOGSB's permission or which contains infringing content or material;
   4. Involves sensitive or offensive subject matter like pornography;
   5. Exhibits content that is obscene or patently offensive;
   6. Submitting or posting any material that contain or advocates pedophilia, pornography, incest or bestiality;
   7. Encourages behavior that is, threatening, abusive obscene, defamatory and/or libelous;
   8. Transmits unsolicited electronic mail or spam mail;
   9. Allows access to USER's account by a person other than USER.
   10. Impersonates another user or person;
   11. Posts or submits material containing persons entitled to payment by virtue of membership to a union, guild or society like the American Federation of Television and Radio Actors (AFTRA), the Screen Actors Guild (SAG), or the like;
   12. Uploads or submits posts intended to disrupt or interfere with the Site;
   13. Harasses or promotes the harassment of others;
   14. Attempts to use the Site for unauthorized commercial purposes, including activities or attempts to sell products or services;
   15. Solicits donations for various causes;
   16. Solicits passwords or personal identifying information from other users;
   17. Solicits personal information from the public.
        
5. MONITORING
   1. TOGSB may cooperate with law enforcement and share USER information in response to situations if and when TOGSB determines it necessary, or as otherwise permitted or required by law. No liability or responsibility shall arise from TOGSB’s determination to monitor and/or modify the content of the Submissions. The monitoring does not constitute nor shall it be deemed to constitute any obligation to indemnify the USER.
   2. TOGSB has no obligation to monitor the content of this Site but has the right to ascertain that USER is not in violation with these Terms and Conditions. TOGSB shall have the discretion and right to refuse, edit, or reject a Submission or remove Submissions already posted on the Site. TOGSB also has the right to remove any material or Submissions TOGSB determines to be in violation of these Terms and Conditions or material that TOGSB otherwise determines to be objectionable.
       
6. DIGITAL MILLENIUM COPYRIGHT ACT
   1. These terms and conditions comply with the Digital Millennium Copyright Act (DMCA). The DMCA makes it illegal to disseminate and produce devices, technology or services with the intention of circumventing Digital Rights Management that control access to copyrighted works including the circumventing an access control, whether or not there is actual infringement of copyright itself. The DMCA intensifies the punishment for copyright infringement on the Internet by expanding the reach of copyright but limiting the responsibility of the providers of online services for the infringement by their users.
   2. If you believe that a copyright infringement has occurred because one of the posts or Submissions infringe upon a copyright that you hold, you may contact us electronically through this Site or write a letter using the information provided in this Site stating your cause pursuant to DMCA. Please submit the following information if possible:
      1. Name of the Submission that is alleged to be infringing that copyright holder wants to be taken off the Site or access to which is to be discontinued;
      2. Sufficient information to allow TOGSB to locate the Submission;
      3. Name of the copyrighted work alleged to have been infringed;
      4. Reason stating that User is not authorized by the law, copyright holder or its agent, to use of the material in protest.
      5. Contact information from which you may be reached.
          
7. NONCONFIDENTIALITY. Submissions are not being submitted in confidence or in trust and are not intended to remain confidential. USER agrees that any Submission or other content whatsoever posted or provided by USER becomes the property of TOGSB and may be used for all purposes, reproduced, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted, in perpetuity and in all media now known or hereafter devised, including the right of reproduction thereof, throughout the universe, as TOGSB may determine in its sole and absolute discretion.
    
8. RELEASE. Contestants hereby release, indemnify and agree to defend and hold harmless TOGSB and its related or affiliated companies and other entities, and its and their representatives, owners, managers, members, agents and employees, from any liability whatsoever related to any Submission or the content thereof.