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Terms OF Use

GIVE SURREAL Terms of Use

Last Update: July 4, 2018

1. About Give Surreal

Give Surreal Inc. (“Surreal”, “us” “we” “us”) provides this platform which offers users an opportunity to make donations and to receive experiences and rewards with and from our sponsoring prize partners. You can participate in the sweepstakes when making donations to our featured charities and can also participate in our sweepstakes without making a donation. As Sweepstakes are subject to the Sweepstakes Official Rules and the applicable Experience Rules for a particular event/campaign. 

2. Acceptance of Terms of Use

Binding Terms.  Please read these Terms carefully. It is a legal document that explains your rights and obligations related to your use of our Services.
Last Updated.  Surreal reserves the right to update or otherwise change these Terms at any time by posting the most current version of the Terms on our Services with a new Last Updated date shown. All changes are effective from the posted date. Your continued use of the Services after the new Last Updated date signifies your agreement to any such changes.  

3. Participation In Our Charitable Donations and Sweepstakes

No Donation is Required to Enter our Sweepstakes.  A donation is not required to participate in our Sweepstakes: A free method of entry is available and explained in the Experience Rules. 

Making a Donation:  When you participate in our Sweepstakes by making a donation, the Service allows You to make donations to non-profits and charities whose fundraising campaigns we post on the Service. The Site is a platform that allows us to collect your donation and then to pass it through to the desired cause or charity. 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. 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, although in certain instances we may choose to waive some or all of our costs.

Donations are Non-Refundable.  Except in the event of fraud and a valid chargeback by a credit card issuer, all donations are non-refundable.

No Endorsement.  Surreal is not responsible for and does not endorse any of the charitable organizations, non-profits, prize providers or events who participate in or are accessible on or through our Services. 

4. INTELLECTUAL PROPERTY RIGHTS / LICENSE

Ownership of Content and Marks.  The Services, and all content published on or accessible through the Site and our Services (‘Content”) is owned by Surreal, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Surreal owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site.  All trademarks, logos, service marks, trade names, and trade dress appearing on the Services (“Marks”), are proprietary to Surreal, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Services.  You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing Surreal’s, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Surreal. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any Site, Services or any of the Marks or Content, in whole or in part, without the prior written consent or Surreal. 

Our Limited License to You
:  Surreal grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content or Site in any way that affects any user's experience. Surreal and its licensors reserve all rights not expressly granted in and to its respective Marks and Content. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download copies of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us.
  By posting or submitting any material (including, without limitation, comments and photos) to us via the Site, you are representing that you are the owner of the material or are making your posting or submission with the express consent of the owner of the material. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or email address, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

5. Use of the Site

Rules of Conduct.  In connection with your use of the Site, you will (i) only use the Site as permitted in these Terms for your personal use; (ii) not upload or input to the Site any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (iii) not reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its content or any software or other products or processes accessible through the Site; (iv) not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, monitor traffic on the Site, obtain or accumulate personal information about other users, or collect or store personal data about other users; (v) to copy or adapt the object code of any Site's software, HTML, JavaScript or other code; (vi) not use the Site in any manner that in our sole judgment, adversely affects the performance or function of the Site or interferes with the ability of other users to access or utilize the Site or undertake any acts not expressly permitted under the Terms; (vii) undertake to use the Site only for purposes that are in strict compliance with these Terms and the license granted hereunder and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and (viii) take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

6. Your Contact Information

Please keep your contact information up to date as you are solely responsible for any contact information you provide to us. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes either a purchase or inquiry and establishes a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law.

7. General

Eligibility Requirements.  You mu or the age of majority in your state or country of residence, whichever is older, and a resident of the 50 United States or the District of Columbia to use the Services.

No Third-Party Beneficiaries.  These Terms are intended solely for the benefit of each party hereto and their respective successors and permitted assigns, and the parties do not intend to confer third-party beneficiary rights upon any other person.
Communications from SurrealYou may receive online communications from us. To unsubscribe from any promotional email, click on the “Unsubscribe” link at the bottom of the email. To see how we use your personal information and for other choices go to our Privacy Policy at http://www.givesurreal.com/privacy-policy.  

Feedback. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Surreal with any Feedback, you hereby grant Surreal a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Surreal is not required to make any use of any Feedback that you provide. You agree that if Surreal makes use of your Feedback, Surreal is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Surreal to grant Surreal and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights. 

8. Legal Notice

Third Party Links.  Throughout the Site, we may provide links to third party sites or access to other services provided by third parties. Our linking to such third-party sites or access to services does not imply an endorsement or sponsorship of such sites or services, or the information, products or services offered on or through the sites or services. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site or which you access off of our Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information about charitable organizations or prize events are those of the respective authors or distributors, and not Surreal. Neither Surreal nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Surreal neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized Surreal representative while acting in his/her official capacity.

Limitation of Warranties.  THE INFORMATION, CONTENT AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY SURREAL ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. SURREAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR 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.

Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR AGENTS AND THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR OUR SERVICES, OR THIRD-PARTY SERVICES MADE AVAILABLE THROUGH US OR THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AGENTS AND THIRD PARTY SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES OR OUR POLICIES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND OUR SERVICES. 

Indemnification.  You agree at all times to defend, indemnify and hold harmless Surreal its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your negligence acts or omissions, any content/Feedback you post, any injury or damage you cause when participating in any event and/or any violation of these Terms.

California Residents: If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”

Denial of Access.  We reserve the right to modify or deny your access to the Site or our Service for any reason, without notice, at any time, and without liability to us. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

Territorial Restrictions.  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, prizes, donations, Services, or other feature that we provide.

9. Dispute Resolution

Arbitration.  In the event of any dispute arising out of these Terms or our Services or any other aspects of a tour, you agree to submit the dispute to non-binding mediation governed and conducted by JAMS before a single JAMS mediator pursuant to the JAMS Mediation Rules set out at https://www.jamsadr.com/mediation.  In the event mediation does not succeed in us reaching a mutually agreeable arrangement in 60 days from the date that the parties first began communicating about the dispute, we agree that the dispute will be resolved by binding arbitration governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution provider, chosen by us. Any dispute will be governed by the laws of the State of California except that the provisions of the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq, not state law, will govern all questions of whether a dispute is subject to arbitration. Both the mediation and the arbitration will take place in JAMS’ offices in Los Angeles, California. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, unless we agree to other procedures in writing. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. PLEASE UNDERSTAND THAT BY AGREEING TO THESE TERMS AND CONDITIONS, THE PARTICIPANT AND YOU AND SURREAL ARE WAIVING THE RIGHT TO A CLASS ACTION AND/OR A TRIAL BY JURY.

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.

10. MISCELLANEOUS

These Terms and policies incorporated herein are the entire agreement between you and Surreal. They supersede any and all prior or contemporaneous agreements between you and Surreal relating to your use of the Site or our Services. You may not assign your rights under your account to any third party without Surreal’s prior written permission. Surreal may assign these Terms, in whole or in part, at any time. 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. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Surreal to partially or fully exercise any rights or the waiver of Surreal of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Surreal or be deemed a waiver by Surreal of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Surreal under these Terms and any other applicable agreement between you and Surreal shall be cumulative, and the exercise of any such right or remedy shall not limit Surreal’s right to exercise any other right or remedy.

11. Contact us

If you have any questions about these Terms you can email us at info@givesurreal.com or write to us at Give Surreal Inc.




Copyright © 2018, Give Surreal, Inc.  All rights reserved