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Term of Use

Acceptance of Terms Through Use

Before using www.embracingthemoment.com (collectively the "Site") please read the following terms carefully. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS. As the organizer of this photo contest and owner of this site, Air Supply Communications Inc. ("ASC") may change or delete content or features at any time, in any way, for any or no reason.  If you continue to use our Site after we post changes to these terms, it will mean that you accept such changes.

Use of Materials on This Site

ASC maintains this Site for the purpose of Embracing the Moment Photo Contest.  You must be 18 years of age or older to participate in the photo contest and at least 16 years of age to vote and enter in our voter’s sweepstake. All materials on this Site, including, but not limited to, artwork, photographs, data, text, trademarks, and logos ("Content") are the exclusive property of ASC or our sponsors and are copyrighted. No portion of the Content may be copied, downloaded, reproduced, reused, distributed, transmitted, or modified for any purpose without ASC's express written permission. Unauthorized use of the Content may violate copyright laws, trademark laws, and other applicable laws.

Trademark Information

The trademarks, service marks, trade names and logos ("Marks") displayed on this Site are registered and unregistered trademarks of ASC and sponsors. You may not, under any circumstance, use any Mark for any purpose without the prior written permission of the owner of the Mark in question.

Outside Links

ASC provides hyperlinks from the Site to sponsor sites as a convenience to users. ASC has no control over, makes no representation or warranty and disclaims all liability with respect to such sites.

Image Upload

In using our website to upload photos, you agree that you will not post, transmit, or otherwise distribute or facilitate distribution of any content that:

Is unlawful, harassing, defamatory, libelous, invasive of another's privacy, or tortious, contains content of a sexual nature, or uses vulgar language;
Victimizes, harasses, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on the intellectual property or other proprietary right of any party;
Contains software viruses, worms, or any other computer code, files, or programs that are designed or intended to disrupt or damage any software, hardware, or telecommunications equipment or to obtain unauthorized access to any third party data or other information.

ASC periodically monitor content uploaded by users. ASC reserves the right, in its sole discretion, to remove any content that, in ASC's judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. ASC is not responsible for any failure or delay in removing such content.

Disclaimer

ASC, its contest sponsors, and their respective directors, officers, employees, and agents (the "ASC Parties") assume no responsibility for, and offer no warranties or representations regarding, the accuracy, reliability, completeness, or timeliness of any Content. Your use of this Site and Content is at your own risk. Under no circumstances shall the ASC Parties be liable for any damages, including, without limitation, direct, incidental, special, consequential, indirect, or punitive damages, lost profits, lost data, or business interruption arising out of or your access to, inability to access, or use of, the Site even if ASC has been advised of the possibility of such damages. ASC does not warrant that this Site will be uninterrupted or error free or that this Site, the Content, or the Site's server are free of virus. If your use of this Site or the Content results in the need for servicing or replacing property, material, equipment, or data, the ASC Parties are not responsible for those costs.

Without limiting the foregoing, this Site, the software, products, services, and the Content are provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NOT INFRINGEMENT. In jurisdictions that prohibit or limit warranty or liability disclaimers, the liability of the ASC Parties shall be limited to the fullest extent allowed by law.

General Provisions

ASC may revise these terms from time to time with the revised term taking effect as of the date of its posting. If any term is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

These terms shall be construed according to the laws of the state of California, United States of America, without regard to conflict of law principles. California courts have exclusive jurisdiction to resolve any claims or disputes relating to this Site or the Content, and you hereby consent to the exclusive jurisdiction of such courts. Any claim or cause of action you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

ASC reserves the right to terminate your access to all or part of this Site, with or without notice.

Failure of ASC to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against ASC unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.

Procedure for Making Claims of Copyright Infringement

NOTE: This information is only to be used for reporting copyright infringement. All other inquiries, such as requests for technical assistance or reprint permission should be directed to info@embracingthemoment.com

If you believe that you hold a claim of copyright infringement against ASC, please send notice of your claim to the following address:

Air Supply Communications Inc.
2580 Corporate Place STE F100
Monterey Park, CA 91754



NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCESS OF WINNING.
SEE OFFICIAL RULES FOR DETAILS.

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