The Great American NO BULL Challenge is pleased to give you access to The Great American NO BULL Challenge Website, www.nobullchallenge.org, free of charge. Your use of this site (the “Site”) is subject to the binding legal agreement set forth below (“Terms”). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Site that we put on the Site will be subject to these Terms.
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SITE FOR ANY PURPOSE.
How You Can Use the Site
You may use the Site for your personal, non-commercial use. You may also use the site if you represent a commercial entity or an organization that is utilizing the site’s contest functionality. You may make a single copy of the individual screens you see when you use the Site, but only for your personal, non-commercial use, or in the case of an authorized business user, for such limited reasonable uses as contemplated here.
In order to access some features of the Site, you will have to create an account. You agree not to use another’s account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although The Great American NO BULL Challenge will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Great American NO BULL Challenge or others due to such unauthorized use.
Submissions to the Site / Content
On some parts of our Site, you may be allowed to post or link to content or provide comments for others to see (such material is referred to herein as “Content”). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:
- You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
- While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Site;
- You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available by and/or through the Site;
- You have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms; and
For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user on our, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using our Site; and we do not screen, monitor, edit or review Content before it appears on our Site. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve our Site. We can also suspend or terminate use of the Site by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using our Site, you may be exposed to Content that is offensive or objectionable.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of The Great American NO BULL Challenge. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE OR ANY OTHER THE GREAT AMERICAN NO BULL CHALLENGE PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
This Site is owned by The Great American NO BULL Challenge and/or its licensees and protected by applicable law, with all rights reserved. The Great American NO BULL Challenge takes the protection of intellectual property rights, including copyrights, very seriously. The Great American NO BULL Challenge will terminate your access to, or use of, the Site and/or the Site, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to The Great American NO BULL Challenge if they have a good-faith belief that their protected works are being infringed. The Great American NO BULL Challenge will respond to all such notifications that are sent to:
The Great American NO BULL Challenge, Inc.
Attn: Copyright Disputes
6600 Koll Center Parkway, Suite 100
Pleasanton, California 94566
To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
- 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 Website provider to locate the material;
- Information reasonably sufficient to permit the Website 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;
- 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
- 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.
Upon receipt of such notification, The Great American NO BULL Challenge shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After The Great American NO BULL Challenge removes or disables access to such material, if such material was posted by a user of the Site, The Great American NO BULL Challenge will notify the party that posted the material of its action. Such party may then provide The Great American NO BULL Challenge’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which The Great American NO BULL Challenge will forward to the alleged copyright owner. The Great American NO BULL Challenge will inform the alleged copyright owner that The Great American NO BULL Challenge will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to The Great American NO BULL Challenge’s designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to The Great American NO BULL Challenge’s designated agent, whose name and address are listed above. The notice must include the following information:
- The counter-notifying party’s physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where The Great American NO BULL Challenge is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided The Great American NO BULL Challenge with notification or an agent of such a person.
The Great American NO BULL Challenge is a trademark of The Cyber Safety Academy LLC. Other trademarks are the property of their respective owners.
Contests and Sweepstakes
From time to time, this Site might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.
The safety of children is very important to us. The Great American NO BULL Challenge intends for the Site to be a general audience Site that complies with the Children’s Online Privacy Protection Act. When a child under age 13 attempts to register with The Great American NO BULL Challenge, we ask that they have a parent or guardian establishes an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child’s information by The Great American NO BULL Challenge, that parent can contact us with their request to delete their child’s account.
We strive to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering Site) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
Third Party Sites
Conduct of Registered Users and Visitors
We believe that all users and visitors benefit from basic rules regarding conduct while using any of the comments or discussion area of the Site if offered, so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no The Great American NO BULL Challenge employee will ever ask for it) and you will not provide your billing or credit information;
(3) You will not harass, threaten or abuse other people when using the Site in any manner;
(4) You will not interfere with others’ use of the Site or act in a way that negatively affects other users’ enjoyment of the Site;
(5) You will not upload, post, e- or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
(6) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
(7) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
(8) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with The Great American NO BULL Challenge; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(9) You will not use the Site to harm minors in any way, or encourage interactions with minors of a sexual nature;
(10) You will not manipulate the Site so as to hide your identity or participation in the Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
(11) You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Site, users’ ability to enjoy the Site, or the proper functioning of any software, hardware or equipment or materials used in connection with the Site; and
(12) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Site
If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice. In the event that your Website is terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT THE GREAT AMERICAN NO BULL CHALLENGE IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD THE GREAT AMERICAN NO BULL CHALLENGE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE GREAT AMERICAN NO BULL CHALLENGE MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT THE GREAT AMERICAN NO BULL CHALLENGE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE GREAT AMERICAN NO BULL CHALLENGE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE GREAT AMERICAN NO BULL CHALLENGE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SITE, EVEN IF THE CYBER SAFETY ACADEMY AND THE GREAT AMERICAN NO BULL CHALLENGE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Access Restrictions; Termination
We can terminate your access to the Site or the Site at any time. We may also remove any Content that you post without cause and without notice to you.
We can also change these Terms at any time, and your continued use of the Site after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
These Terms are the entire agreement between you and The Great American NO BULL Challenge. They supersede any and all prior or contemporaneous agreements between you and The Great American NO BULL Challenge relating to your use of the Site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by The Great American NO BULL Challenge for any violation of The Great American NO BULL Challenge’s proprietary or other rights, any and all disputes relating to these Terms, your use of the Site be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA. The location of arbitration shall be San Francisco, California, USA. You can direct any questions concerning these Terms by using our contact form.
COLLECTION OF INFORMATION
Information is collected from our users at several different points during your visit to the Site.
- Registration. To use some resources available on our Site, a user must complete our registration process. During registration, a user is required to provide certain categories of information, which may include a name, address, e-mail address, and a password.
- Optional Information. At various other points during your visit to The Great American NO BULL Challenge, you may be asked to provide information about yourself. For example, you may wish to participate in a survey, submit your story about cyberbullying or a contest. Participation in surveys, storytelling or contests or the use of other services which require the input of additional information is completely voluntary on your part, and you have the choice about whether to disclose the information necessary to use these features of our site.
- Passive Collection of Information. In addition to the information which you actively provide to The Great American NO BULL Challenge by methods such as completing the registration form, The Great American NO BULL Challenge collects information about how you interact with our site. The Great American NO BULL Challenge collects passive information for purposes such as testing and improving a user’s experience at the site and the compilation of broad aggregate demographic data and related usage information for internal purposes and for disclosure to third parties such as advertisers and content partners. The types of passive information collected by this site include, without limitation, your IP address, which type of browser you are using, where you go on our site, and how long you stay on any part of our site.
- Cookies. When you visit the Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled.
Collection of Information from Children. The Great American NO BULL Challenge abides by federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy (Children’s Online Privacy Protection Act). As such, The Great American NO BULL Challenge will not knowingly collect any personal information from or allow the registration of young people under the age of 13 without verifiable parental consent of a parent or guardian’s approval. The term “verifiable parental consent” means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child. Upon request of a parent under this paragraph whose child has provided personal information to the Site, upon proper identification of that parent, we will provide (i) a description of the specific types of personal information collected from the child (ii) the opportunity at any time to refuse to permit the Site’s further use or maintenance in retrievable form, or future online collection, of personal information from that child; and (iii) notwithstanding any other provision of law, a means that is reasonable under the circumstances for the parent to obtain any personal information collected from that child.
COLLECTION OF INFORMATION
The Great American NO BULL Challenge may use your information in order to customize our site to your interests and enhance your overall experience at our site. The Great American NO BULL Challenge tries to recognize you using various methods, including having you log in with your user name and your password. Once The Great American NO BULL Challenge recognizes you, pages, advertisements and other content may be customized for you so that you can see what interests you the most. In addition, as described above, The Great American NO BULL Challenge utilizes passive information to learn more about how you interact with our site. This passive information may be combined with your other information for purposes such as testing and improving your experience at our site and the compilation of broad aggregate demographic data and related usage information for internal purposes and for disclosure to third parties such as advertisers and content partners. This aggregate passive information does not contain any personal information which can identify any individual user.
The Great American NO BULL Challenge may use your contact information periodically in order to send you e-mail regarding updates at the The Great American NO BULL Challenge site and to alert you or remind you of happenings on the Site. The frequency of these messages will vary depending upon various factors.
From time to time, The Great American NO BULL Challenge may decide that it is more efficient to use third parties to perform specific services, such as sending communications to The Great American NO BULL Challenge’s users. If we use a third party to provide specific services (such as sending communications to our users on our behalf), then information (such as contact information) may be shared with that party to the extent necessary for the third party to provide these services. These third party service providers are only allowed to use personally identifiable information for the purpose of providing the specific services requested by The Great American NO BULL Challenge. The third party services covered by this paragraph do not include links to third party sites found on our sites, which are governed by a more specific provision below.
While The Great American NO BULL Challenge strives to protect the personal information of our users, The Great American NO BULL Challenge will release personal information if required by law or in the good-faith belief that such action is necessary or appropriate.
The Great American NO BULL Challenge has security measures in place to help protect against the loss, misuse and/or unauthorized alteration of the information under our control. You are the only user authorized to update your profile, unless you provide your password information to another party.
The Great American NO BULL Challenge helps protect personally identifiable information by utilizing both online and offline security methods, including firewalls, passwords and restricted physical access to the places where your information is stored. Our staff is trained to comply with our security procedures, and our security procedures are regularly reviewed and revised, if necessary, by the Privacy team at The Great American NO BULL Challenge.
If you have any questions about security issues at our site, please use our contact form and we will try to answer your questions.
- In the event that The Great American NO BULL Challenge sells, assigns or transfers some or all of its business to a successor or acquirer, The Great American NO BULL Challenge may sell, assign or transfer all of your information, regardless of your opt status, to such successor or acquirer.
- The State of CA enacted the Shine the Light law (CA Civil Code Sec 198.83) that permits users of The Great American NO BULL Challenge, LLX’s Site who are CA residents to request certain information regarding its disclosure of personal information during the past year for marketing purposes. To make such a request, you can use our contact form.
Your privacy is important to The Great American NO BULL Challenge. If you have questions about any of the provisions described above, please contact us using our contact form.