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Terms OF Use

GIVE SURREAL Terms of Use

Effective Date: April 1, 2017

By accessing and using the Give Surreal website, blog and the products or services we offer (collectively, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned and controlled by Give Surreal, Inc. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. These Terms of Use should be read in conjunction with our Privacy Policy. Users of the Service are sometimes referred to as “users” or as “you”. Give Surreal is sometimes referred to as “we”, “our” or as “us”.

YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TERMS OF USE IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AND CONSTITUTES YOUR BINDING ACCEPTANCE, INCLUDING ANY MODIFICATIONS THAT WE MAKE FROM TIME TO TIME.

Give Surreal’s website is a platform for sweepstakes and contests which provide Users with an opportunity to receive experiences and rewards with and from our social media celebrities and internet influencer partners. You can participate in the sweepstakes and contests We post without any payment or purchase. All sweepstakes and contests are void where You live if prohibited by law. All sweepstakes and contests are subjects to Give Surreal’s official rules for sweepstakes and contests. To participate in either a sweepstakes, a contest or a campaign We host for selected non-profits and charities, You will have to open an account with Us.

In addition to at least one free method of participating in a sweepstakes or contest, the Service allows You to make donations to non-profits and charities whose fund raising campaigns We post on the Service. Give Surreal’s website is a platform that allows Us to collect your donation and then to pass it though to your desired cause or charity. Give Surreal will host selected campaigns for non-profits and charities. We collect your donation during the course of a campaign and then, after deduction for all expenses, and any fee owed to a celebrity or influencer, We remit your net donation directly to your chosen nonprofit or charity. It is your responsibility to determine if any amount is tax deductible and, as with all tax related matters, You should consult your own tax advisor. Except in the event of fraud and a valid chargeback by a credit card issuer, all donations are non-refundable. When You make a donation, a certain percentage of the amount of your Donation is retained by Us to cover the costs of providing the Services, the cost of producing and fulfilling all experiences and rewards, although in certain instances We may choose to waive Our fee.

Conditions

Restrictions

The Service may provide for comments, blogging and feedback from Users, as well as comments from social media celebrities and internet influencers. Non-profits and charities running campaigns may also prove information and comments of the website. All of the foregoing are “Content”.

Rights and Licenses

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, GIVE SURREAL AND ANY CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GIVE SURREAL NOR ANY OF ITS OFFICERS, EMPLOYEES, MANAGERS, OFFICERS OR AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “GIVE SURREAL PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) OUR CONTENT, INCLUDING CONTENT POSTED BY INFLUENCERS, NON-PROFITS AND CHARITIES; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF CONTENT OR ACCESS TO THE SERVICE.

GIVE SURREAL DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, 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, OR THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. 

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 

GIVE SURREAL SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT, WHETHER POSTED BY A USER, A BUSINESS PARTNER, OR BY A PERSON OR ENTITY GAINING UNAUTHORIZED ACCESS TO THE SERVICE.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL GIVE SURREAL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, 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; OR (I) THE TRANSPORTATION AND SHIPMENT OF GOODS, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GIVE SURREAL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL SE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL STICKER NEST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

GIVE SURREAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

By using the Service, you agree to defend, indemnify and hold Give Surreal harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by You. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Privacy

We take the privacy rights of our users seriously. We urge you to review our Privacy Policy. If you have any questions or concerns about how we use your personal information – the answers should be contained in the policy. If not, you can reach out to us with any questions.
Please review our Privacy Policy for more information.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition, unless we agree to a waiver which is specifically documented in writing.

Entire Agreement

If You are using the Service on behalf of a legal entity, like a corporation or limited liability company, You represent that You are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between You and Give Surreal and govern your use of the Service, superseding any prior agreements between you and us. Give Surreal may assign these Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Give Surreal to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Service or other feature that We provide.