Terms of service

AdTournament
Universal Terms of Service Agreement
Last Revised September 9, 2014

PLEASE READ THE UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (“Agreement”) is entered into by and among AdTournament.com, a DBA of Crowd Source Creatives, LLC a Hawaii Limited Liability Company (“AdTournament”), the Designer/Creative and  the Client/Buyer, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the general terms and conditions of your use of this website (“Site”) and the products and services (“Services”) found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following corporate policies, which are incorporated herein by reference:
Privacy Policy
Designer Code of Conduct
Client Code of Conduct

The terms “we”, “us” or “our” shall refer to AdTournament.  The terms “you”, “your”, “User” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

AdTournament may, in its sole discretion, change or modify this Agreement, or discontinue any aspect of this Site or Services found at this Site including without limitation, prices, fees, and the corporate policies which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon our email notification to you advising you of such changes or modifications as indicated by the “Last Revised” date at the top of this page. 

2. ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this Agreement on behalf of a partnership, limited liability company or corporate entity (“Entity”), you represent and warrant that you have the legal authority to bind such Entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your” or “User” shall refer to such Entity.  If, after your electronic acceptance of this Agreement, AdTournament finds that you do not have the legal authority to bind such Entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.  AdTournament shall not be liable for any loss or damage resulting from AdTournament’s reliance on any instruction, notice, document or communication reasonably believed by AdTournament to be genuine and originating from an authorized representative of your Entity.  If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, AdTournament reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts.  In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (“Account”). There is no charge to create an Account to be a Designer/Creative (“Designer”) or Client/Buyer (“Buyer”).  You represent and warrant to AdTournament that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If AdTournament has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, AdTournament reserves the right in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your username, password, and payment account information.  For security purposes AdTournament recommends that you change your password at least once every six (6) months.  You must notify AdTournament immediately of any breach of security or unauthorized use of your Account.  AdTournament will not be liable for any loss you incur due to any unauthorized use of your Account.  You, however, may be liable for any loss AdTournament or others incur caused by your Account, whether caused by you, or by an authorized, or by an unauthorized person.

Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

4. GENERAL RULES OF CONDUCT
You Acknowledge and agree that:

Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
ii. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
iii. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
iv. You will not use this Site or the Services found at this Site in a manner (as determined by AdTournament in its sole and absolute discretion) that:
  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding the AdTournament Site or its Services
v. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by AdTournament.
vi. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies
vii. You will not access AdTournament Content(as defined below) or User Content through any technology or means other than through the Site itself or as AdTournament may designate
viii.You will not use this Site or the Services found at this Site, including any of AdTournament’s related technologies, for any commercial use without AdTournament’s express prior written consent.


5. YOUR USE OF ADTOURNAMENT CONTENT AND USER CONTENT
In addition to the general rules above, the following restrictions and conditions apply specifically to your use of AdTournament Content and User Content.

AdTournament Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“AdTournament Content”), are owned by or licensed to AdTournament in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AdTournament.  No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.  AdTournament reserves all rights not expressly granted in and to the AdTournament Content, this Site and the Services found at this Site, and this Agreement does not transfer ownership of any of these rights.

User Content.  Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, or other content, including but not limited to graphic design, photos, artwork (together with User Submissions, “User Content”).  By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to AdTournament that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author or originator of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.


Disputes.  You understand and agree that AdTournament will not become involved in disputes between any Designer and Buyer.  You agree to execute any reasonably required documentation providing the lawful transfer of ownership and control of the winning Design to the Buyer who has paid for that Design.  

Security.  You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use of copying of any AdTournament Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the AdTournament Content or the User Content therein.


6. ADTOURNAMENT’S USE OF USER CONTENT
Generally.  You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions.  You acknowledge and agree that:

i. Your User Submissions are entirely voluntary.
ii. Your User Submissions do not establish a confidential relationship or obligate AdTournament to treat your User Submissions as confidential or secret.
iii. AdTournament has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of you User Submissions.
iv. AdTournament may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

AdTournament shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgement or compensation to you or anyone else.

With Respect to User Content (Other than User Submissions).

If you post or publish User Content to this Site, you hereby grant AdTournament a worldwide, non-exclusive, royalty-free, sub licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and utilize your User Content in connection with this Site, including without limitation for promotion and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.  You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private”.)

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
AdTournament generally does not pre-screen User Content.  However, AdTournament reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.  AdTournament may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by AdTournament in its sole and absolute discretion), at any time without prior notice.  AdTournament my also terminate a User’s access to this Site or the Services found at this Site if AdTournament has reason to believe the User is a repeat offender.  If AdTournament terminates your access to this Site or the Services found at this Site, AdTournament may, in its sole and absolute discretion, remove and destroy all data files stored by you on its servers.

8. ADDITIONAL RESERVATION OF RIGHTS
AdTournament expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services that it deems necessary, in its sole and absolute discretion, (i) to comply with applicable local, state, national and international laws, rules and regulations, (ii) to comply with requests of law enforcement, including subpoena requests, (iii) to comply with any dispute resolution process, (iv) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (v) to avoid any civil or criminal liability on the part of AdTournament, its officers, directors, employees, agents, or affiliates.

9. NO SPAM; LIQUIDATED DAMAGES
You agree AdTournament may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.  In addition, if actual damages cannot be reasonable calculated then you agree to pay AdTournament liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

10. TRADEMARK AND/OR COPYRIGHT CLAIMS
AdTournament supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bonafide copyright, please refer to AdTournament’s Trademark and/or Copyright infringement Policy referenced above.


11. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by AdTournament.  AdTournament assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites.  In addition, AdTournament does not censor or edit the content of any third-party websites.  By using this Site and the Services found at this Site, you expressly release AdTournament from any and all liability arising from your use of any third-party website.  Accordingly, AdTournament encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents for each other website you may visit. 

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” ADTOURNAMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ADTOURNAMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ADTOURNAMENT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ADTOURNAMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

13. LIMITATION OF LIABILITY
IN NO EVENT SHALL ADTOURNAMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AN/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ADTOURNAMENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ADTOURNAMENT’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OF EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
 
14. IDEMNITY
You agree to protect, defend, indemnify and hold harmless AdTournament and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorney’s fees) imposed upon or incurred by AdTournament directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the company policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

15. SALES AND TAXES
If you place content on this Site for potential sale, you agree to provide true, accurate and complete information.  You are entirely responsible for all content that you provide or otherwise make available via this Site.  You also warrant and represent that you own or otherwise control all of the legal rights to such content including all the rights necessary for you to use and sell the content on this Site.

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries.

The Buyer is responsible for paying the cost for Services requested and any related fees (as defined below).  The Buyer is given 7 days upon completion of Services to select a winning Designer so that AdTournament may release the appropriate funds to that winner.  AdTournament reserves to right to release funds to the winner should the Buyer fail to authorize release of the funds within the appropriate time frame. 

All Designers and Buyers are solely responsible for their own taxes.  Designers are independent contractors and not employees of AdTournament.

Specific Rules.  
DESIGN: The Designer agrees to provide the Buyer with a vector file in .EPS format as well as a .JPG of the winning Design.  The Designer also agrees to provide additional variations upon request including: White background, colored background, black and white, and solid colors.  Additional requested formats can include .AI and .PNG All deliverables are referenced herein as “Design” and variation requests are required to take place within 2 weeks of selecting a winner.

REPRESENTATION: The Designer represents that, other than the materials provided to the Designer from the Buyer, the Design is a wholly original artwork and was not copied in part or whole from any existing Design work or other entities that would otherwise violate any intellectual property law or any other law or right belonging to a third party.  The Designer represents that they are the sole author/owner of the Design, and the Design does not violate any patents, trademarks, service or copyrights of another person, form or entity.

TRANSFER OF OWNERSHIP: The Designer, upon purchase by the Buyer, thereby irrevocably transfers all rights, ownership, intellectual property interest and legal title of the Design to the Buyer.  The Designer will not use the Design in any further derivative work (except for display as an example of the designer’s work for portfolio purposes except as indicated herein) nor offer to resell the Design to anyone else as the Buyer obtains sole and exclusive ownership to the Design via the purchase: it cannot be resold.  If the Services provided were designated “Private”, the Designer must seek either written or email permission from the client to display the winning design in their portfolio.

16.FEES AND PAYMENTS
The Buyer pays the cost of the Services via a valid credit card or via a PayPal Account (as defined below).  The Buyer agrees to pay any fees due for Services purchased at this Site at the time you order the Services.  All fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.

Current terms dictate that the designer will receive 100% of the listed design fee.  The remaining 0% of the design fee will be distributed to AdTournament.   

As indicated above, AdTournament in its sole discretion, expressly reserves the right to change or modify its prices and fees at any time and such changes or modifications shall be effective immediately as indicated by the “Last Revised” date at the top of page 1 or any such changes.

A valid credit card  is required as a “Payment Method”.  AdTournament will automatically deduct the full amount due at the start of any request for Services.  Payment will be also be made to contest winner by AdTournament, less any administration fees.  No service fee from the price of the Services rendered from Design goes directly to AdTournament.  AdTournament will receive a Listing Fee from the client. Service upgrades may be available and are subject to change.    

AdTournament reserves the right to charge you a reasonable administrative fee for tasks outside the scope of its regular Services, including additional costs that may include, but are not limited to, customer service issues that cannot be handled over email, but require personal service, fees incurred by third-party payment providers, including PayPal, and disputes that require legal services.  These charges will be billed via the Payment Method we have on file for you.  Your Payment Method must be kept valid.

If for any reason AdTournament is unable to charge your Payment Method for any amount owed or if AdTournament is charged a penalty for any fee it previously charged your Payment Method, you agree that AdTournament may pursue all available legal remedies in order to obtain payment. 

While all transactions are processed in U.S. dollars, AdTournament may provide an estimated conversion price to currencies other than U.S. dollars.  You acknowledge and agree that the pricing displayed during the checkout process is an estimate.  Due to potential time delays between actual purchase and the payment settlement, the actual prize awarded may fluctuate.  AdTournament makes no representations or warranties that the estimated prize will be the same or substantially similar to the actual amount listed.  You agree to waive any and all claims based upon any discrepancy between the estimate and the actual fee collected and prize awarded.  
 
Payments are issued to winning Designers via PayPal.  A valid PayPal account is required in order to collect prizes from AdTournament.  AdTournament does not offer alternative payment options.

17. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

18. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

19. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administration acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”, State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported.

If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 

20. COMPLIANCE WITH LOCAL LAWS
AdTournament makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

21. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Hawaii, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Honolulu, Hawaii, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Honolulu, Hawaii.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

22. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

23. CONTACT INFORMATION
If you have questions about this Agreement, please contact us by email.