- - OWNERSHIP OF SITE AND CONTENT
- - LICENSE OF SITE AND CONTENT
- - TERM
- - ELIGIBILITY
- - USER CONDUCT
- - PRIVACY
- - COPYRIGHT AGENT
- - DISPUTES
- - INDEMNITY
- - TEL SITE PERFORMANCE
- - DISCLAIMER; NO WARRANTY OR REPRESENTATION
- - EXCLUSION OF DAMAGES
- - COPYRIGHT AND TRADEMARK NOTICES
- - LOCATION OF THE SITE AND EXPORT CONTROLS
- - GOVERNING LAW, JURISDICTION
- - ASSIGNMENT
- - ENTIRE AGREEMENT, SEVERABILITY AND MODIFICATION
- - STATUTE OF LIMITATIONS
- - MODIFICATION
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") BEFORE USING THIS SITE AS THE AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. This Agreement only applies to www.seehowitaddsup.com (the “Site”) and the services, features and Content available on the Site and does not apply to any other website or any offline activities by the Tennessee Education Lottery Corporation (unless specifically stated). The Site is brought to you by the Tennessee Education Lottery Corporation, which is referred to in this Agreement as "TEL", "we", "us" or "our".
You agree to the terms and conditions set forth in this Agreement by accessing or using www.seehowitaddsup.com, or by downloading any information or Content from the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE.
1. OWNERSHIP OF SITE AND CONTENT
The Site is owned by the TEL. For purposes of the Site and this Agreement, "Content" shall mean, without limitation: audio, visual, audiovisual, text and other elements and materials, graphics, layout, instructions, images, designs, advertising copy, logos, domain names, trade names, service marks and trade identities, any and all copyrightable material (including source and object code), the "design" of the Site, the compilation, assembly and arrangement of the Site and all other materials related to the Site in any media or format now known or devised in the future, whether physical, electronic, digital, analog or otherwise.
Unless otherwise explicitly specified, you agree:
- that all Content is, as between TEL and you, owned or licensed by TEL. You agree that all Content and materials available on the Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws;
- not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or Content available on the Site, or otherwise use any Content, copyrights, trademarks or intellectual property of TEL in any way, except as expressly authorized by TEL;
- not to retrieve data or other Content or any materials from the Site for the purposes of creating or compiling, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise;
- not to use any of TEL's Content, names or trademarks as metatags on other websites;
- not to display any of the Site in a frame (or any of our Content via in-line links) without TEL's express prior written permission; and
- that your right to use the Site and Content, as set forth in this Agreement, is subject to using it for personal, non-commercial use only and that your use will not in any way transfer or convey any ownership rights or other proprietary interests in the Site and Content to you.
2. LICENSE OF SITE AND CONTENT
Subject to your compliance with this Agreement and except as otherwise expressly permitted by this Agreement or TEL, TEL grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download and view one copy of the Content on any single computer for your personal, non-commercial use only.
In connection with the license granted in this Agreement, you agree to:
- A. maintain all copyright and other proprietary notices contained in the original Content or any copy you may make of the Content;
- B. not use the Content in a manner that suggests an association with any of TEL's products, services or brands;
- C. not modify the Content;
- D. not allow or aid or abet any third party (whether or not for your benefit):
- (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site;
- E. not insert any code or product to manipulate the Content in any way that affects any user's experience;
- F. not use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage);
- G. modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Content in any way for any public or commercial purpose except as expressly permitted by this Agreement or TEL.
This Agreement will remain in full force and effect while you use the Site, after you have left the Site and if your access to the Site is or has been terminated.
We may terminate your access to the Site at any time, for any reason, with or without the giving of notice. If your access to the Site is terminated, or upon demand from TEL, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (i) immediately discontinue use of the Site and (ii) destroy all materials obtained from the Site and all related documentation.
Participation on the Site is void where prohibited by law. By registering on the Site, you represent and warrant that all registration information submitted, if any, is truthful and accurate. By participating on the Site, you represent and warrant that your use of the Site will not violate any applicable law or regulation and that you have the full right and power to enter into and perform this Agreement.
5. USER CONDUCT
You agree to act responsibly in a manner demonstrating the exercise of good judgment while using the Site. Without limitation, you agree not to: (a) violate any applicable law or regulation, (b) interfere with or damage the Site, (c) use the Site for any commercial purpose whatsoever, or (d) assist any third party in doing any of the foregoing.
7. COPYRIGHT AGENT
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (full text at http://www.copyright.gov), TEL has designated an agent for receiving notices of copyright infringement relating to the Site and TEL follows the notice and take down procedures of the DMCA. TEL has a policy of terminating the accounts of users who (in its reasonable discretion) are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TEL's copyright agent with the information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 TEL's copyright agent for notice of claims of copyright infringement on or regarding the Site may be reached at:
Tennessee Education Lottery Corporation
c/o General Counsel Plaza Tower, MetroCenter
200 Athens Way, Suite 200 Nashville, TN 37228
This contact information is for inquiries regarding potential copyright infringement on the Site only and no other correspondence to this contact information will be addressed.
We are not responsible or liable for the conduct or postings of any user.
You agree to defend, indemnify, reimburse and hold harmless the TEL, its vendors and their respective officers, directors, employees, licensees, sublicensees and assigns from and against any and all claims, damages, investigations, liabilities, loss, damages, judgments, settlements, costs and expenses (including attorney's fees, costs and expenses and court costs) that directly or indirectly arise out of or are directly or indirectly related to:
- A. your use of the Site or activities in connection with the Site;
- B. any anticipatory breach, breach or alleged breach of your representations and warranties or any anticipatory breach, breach, alleged breach or violation of any other terms and conditions of this Agreement;
- C. your violation or alleged or threatened violation of any laws, rules regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities pertaining to the Site or to your use of the Site; and
- D. information or material transmitted through your computer to the Site, even if not submitted by you, that infringes, violates or misappropriates any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, trade dress, defamation, right of privacy or publicity or moral rights of any third party.
You agree to cooperate fully as required by the TEL in the defense of any claim. TEL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the TEL.
10. TEL SITE PERFORMANCE
You acknowledge and agree that the operation of the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. The TEL will not be responsible or liable to you or others for any such interruptions, errors or problems with or an outright discontinuance of the TEL service. The Site may be discontinued at any time, with or without reason, without any liability to you or to any third party for any modification or discontinuance of any or all of the Site.
11. DISCLAIMER; NO WARRANTY OR REPRESENTATION
The Site is for informational purposes only. TEL makes reasonable effort to ensure the accuracy, reliability and timeliness of the information on the Site. The Site, including, without limitation, the Content, is provided on an "as is", "as available" and "with all faults" basis. The TEL expressly disclaims any responsibility or liability for any use, misuse, errors in, inaccuracies in, completeness of, usefulness of or the untimeliness of any Content or the Site.
To the maximum extent permitted by law, neither TEL nor any of its employees, directors, officers, vendors and contractors make any warranties, representations or endorsements of any kind whatsoever, either express or implied, about: the Site; the Content; the functionality of the Site; the functions made accessible on or through the Site; any products, services or instructions offered or referenced at or through the Site; or security associated with the transmission of information transmitted to operators or via the Site or the server that makes the Site available,
In addition, TEL disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
You acknowledge, by your use of the Site, that your use is at your sole risk. TEL does not warrant that your use of the Site is lawful in any particular jurisdiction, and TEL specifically disclaims any such warranty. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent the jurisdiction's law is applicable to these terms. By accessing or using the Site, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.
12. EXCLUSION OF DAMAGES
To the maximum extent permitted by applicable law, in no event (including negligence) will TEL, its vendors or their respective officers, directors, employees, licensees or assigns be liable to you for any damages whatsoever (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, compensatory, incidental or consequential losses or damages arising out of an action under contract, tort, negligence or any other theory and damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), that are directly or indirectly related to: the Site; the Content; your use or misuse of, inability to use, or the performance of the Site; any action or omission taken or made based upon reliance on any Content or other information contained in the Site; any action taken in connection with an investigation by TEL or law enforcement authorities regarding your use of the Site; any action taken in connection with copyright or other intellectual property owners; any errors or omissions in the Site’s technical operation; or any damage to your or any user's computer, hardware, computer software, cellular phone or device, modem or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, whether or not TEL has been advised of the possibility of the damage.
Note: some jurisdictions do not allow the disclaimer of some types of damages, so some of the above may not apply to you. You agree that in the event you incur any damages, losses or injuries that arise out of TEL's acts or omissions caused by or related to the Site or the Content, the damages, if any, caused to you are not irreparable or sufficient to entitle you to injunctive relief of any kind or nature.
By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with your waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You acknowledge and agree that TEL has entered into this Agreement in reliance on the limitations of liability specified in this Agreement, which allocate the risk between TEL and you, and form the basis of the bargain between the parties.
14. COPYRIGHT AND TRADEMARK NOTICES
You acknowledge and agree that the TEL name, the TEL logos and characters, and the layout and design of the Site, among other marks that may appear on the Site are trademarks of TEL (the "TEL Marks"), whether or not registered. Other trademarks and service marks on the Site may be the property of content partners or providers, or other third parties. You may not use any of the TEL Marks without TEL's prior written permission, and you may not use any third-party marks without the third party's prior written permission.
15. LOCATION OF THE SITE AND EXPORT CONTROLS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where the distribution or use would be contrary to law or regulation or which would subject TEL to any registration requirement within the jurisdiction or country. TEL controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from outside the United States does so on their own initiative and is responsible for compliance with United States', and local (to the extent applicable) laws regarding online conduct and acceptable content. TEL reserves the right to limit the availability of the Site or the provision of any content, program, product, service or other feature described or available on the Site to any person, geographic area or jurisdiction, at any time and in TEL's sole discretion, and to limit the quantities of any content, program, product, service or other feature that TEL provides.
Software from the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. GOVERNING LAW, JURISDICTION
This Agreement will be governed in all respects by the laws of the state of Tennessee without regard to its or any other jurisdiction's conflict of laws principles. The sole venue and jurisdiction for disputes arising from this Agreement will be the appropriate state court located in Davidson County, Tennessee, and TEL and you both irrevocably agree to submit to the jurisdiction of that court.
TEL has the right to assign this Agreement in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of TEL, which consent may be withheld, conditioned or delayed in the TEL’s sole discretion.
18. ENTIRE AGREEMENT, SEVERABILITY AND MODIFICATION
This Agreement sets forth the entire understanding and agreement of TEL and you as to its subject matter and supersedes all prior proposals, discussions or agreements (oral and written) with respect to its subject matter. If any provision of this Agreement are declared by a court of competent jurisdiction as unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. TEL's failure to act with respect to a breach by you or others does not waive TEL's right to act with respect to antecedent, subsequent or similar breaches.
19. STATUTE OF LIMITATIONS
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 the Site or this Agreement must be filed within one year after the claim or cause of action arose or the claim is barred forever.
TEL reserves the right to change the terms of this Agreement from time to time in its sole discretion. Any change or modification made by TEL will be effective immediately upon posting on the Site. By continuing to use the Site after the notice, you agree to be bound by the changes to this Agreement.