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Terms of Service
 
WOAH!! AWARD INTERNET ROYALTY PROGRAM

BETWEEN

CashBack Telecom, Inc (an Ontario Corporation) operating as WoahAwards.com, WoahAward.com and Woah!! Media Group.

Hereinafter “ CORPORATION ”

AND:

YOU,

Hereafter "PARTNER" or “RIGHTSHOLDER”

WHEREAS it is understood that the CORPORATION operates an image, sound & video database service aimed at the multimedia mobile and broadband pay-per-view Internet market, manages a rapidly expanding entertainment marketing cooperative, mobile content distribution & media network and is the proprietor of the Woah!! Awards.

WHEREAS it is understood that the CORPORATION markets the Hottest People Alive Search and markets widget, shortcode and related mobile and Internet advertising services.

AND, WHEREAS, the right owner, YOU, authorizes the CORPORATION to use the shortcode keyword, widgets and related technology to market your content including ringtunes, images and video while participating in the Woah!! Awards.

THIS BEING UNDERSTOOD, THE PARTIES HAVE AGREED TO THE FOLLOWING:

CONTRACT DEFINITION:

The “Service”: service proposed by CORPORATION that allows Partner to download and/or to stream on a mobile device fixed or animated content such as but not limited to pictures as for example colored logos, wallpapers, ringtones, games, Flash, videos, TV, MMS. By “mobile device” we refer to any electronic equipment including a SIM card or a Wifi antenna.

Votes: The download of premium sms content including audio, video or stills to a mobile phone by a user on network serviced by the CORPORATION with integrated billing.

ARTICLE 1. PURPOSE OF THE AGREEMENT

The current contract intends to determine the technical, financial and legal conditions in which the right owner grants to CORPORATION the non-exclusive distribution rights on mobile phones and via the Internet.

ARTICLE 2. NON-EXCLUSIVE ASSIGNMENT OF RIGHTS

THE RIGHT OWNER agrees to enable the CORPORATION with the rights to reproduce, represent, edit and distribute his work on mobile channels and on pay-per-view Internet channels.

In return for its technical and marketing investment, THE RIGHT OWNER gives CORPORATION the non-exclusive rights to reproduce, represent, edit and distribute its work on “Mobile Services”.

Mobile Services are defined as services accessed from a mobile handset (mobile telephone, PDAs, PCS, MP3 & MP4 portable players such as ipod, archos, etc) and those targeted to a mobile terminal (from a Web site or an audiotex number)”.

The transfer of rights agreement involves the right of CORPORATION to:

- save on any electronic format known or unknown on this date part or the entire part of the work enabling its publishing and distribution on Internet and/or electronic formats in order to distribute it on mobile phones.

- Distribute or let distribute, reproduce or let reproduce, edit or let edit the work on Internet and/or hard disk in order to distribute it on mobile phones.

- Distribute or let distribute, reproduce or let reproduce, edit or let edit the work on mobile phones.

- Adapt the format of the work in order to comply with technical specifications from the mobile phones.

- Translate in all languages and all computer languages part or all the work in order to distribute it on mobile phones.

- To grant the clients of CORPORATION (Business to Business) the right to reproduce and distribute the work on mobile phones.

- Represent publicly the work, its translations on the Internet and/or magazines and/or TV for promotion use.

- Distribute in magazines or TV, part or all the work, namely for promotion of CORPORATION activities in private or public places.

ARTICLE 3. UPLOADING & EDITING

It is understood that you agree to only upload content that you own the copyrights to, or are authorized to publish, distribute or resell, and that you are solely responsible for compensating the copyright owners for use of said content.

It is understood that as part of its activities, CORPORATION will have non-exclusive rights to edit content (including but not limited to: still images, animations, videos, flash, sounds, music) enabling right owners to benefit from new business opportunities among the telecom carriers and telecom manufacturers and new line of products like electronic greeting cards, wallpapers, logos, video extracts etc. CORPORATION distributes its content to a network of international clients (carriers, manufacturers, editors) and through several Wap sites of its own.

ARTICLE 4. AFFILIATE ACCOUNT

CORPORATION agrees to set-up an automated affiliate account.

ARTICLE 5. CORPORATION OBLIGATIONS

CORPORATION alone owns the right to decide on:

- the format and the representation of the Work as well as the title of the picture; only after the right owner approval.

- the date of the first representation of the Work;

- the reproduction and representation on any other format than the original one;

- the production of any advertising on any kind of format (magazine, TV, etc) targeted at promoting the services. THE RIGHT OWNER allows CORPORATION to use its Work for such advertising based on a case by case basis.

ARTICLE 5. REVENUE SHARE

See Hottest People Alive section.

ARTICLE 6. PAYMENT SCHEDULE

It is understood that the CORPORATION is compensated by its billing partners every 30-90 days and as such will pay the PARTNER within 15 days of receiving payment when the amount owed reaches $100.00.

It is understood that after the first payment the CORPORATION will pay the PARTNER on a monthly basis when commissions and, or royalties owed exceed $100.00.

It is understood that each month the CORPORATION will review the top eight candidates in the Woah!! Awards and share equally between the top eight candidates the total mobile phone sales or votes realized by the said parties.

ARTICLE 7. GUARANTEE

THE RIGHT OWNER acknowledges that its Work does not violate any third party’s rights and takes full responsibilities and commits to compensate CORPORATION in the event of any proceedings brought by any third parties whose rights to the work had been violated.

ARTICLE 8. TERMINATION

In the case of breach of the obligations mentioned in this contract, the contract may be terminated by the offended party by one month’s notice by registered letter to the offending party.

ARTICLE 9. LIMITATION OF LIABILITY

Neither party shall be deemed to be in breach of this Agreement for any failure in performance caused by events outside of its reasonable control, to include, but not limited to any act of God, inclement weather, shortage of power, flood, drought, lightning, fire, lock-out, trade dispute, labour disturbance, act or omission of Government highway authorities, or war, military interventions, or riot -- provided written notice is given within thirty (30) days following the event.

ARTICLE 10. TRANSFER OF THE AGREEMENT

THE RIGHT OWNER authorizes CORPORATION to transfer the rights described in this contract to any company in which CORPORATION has at least a 51% share and so long as Corporation remains secondarily liable.

ARTICLE 11. GENERAL

This Agreement represents the entire understanding between the two parties. No other prior arrangements, representations or understandings, orally or in writing have any validity.

The parties must notify each other in writing of any change of address. All notices sent by first class post to the registered office of either party, or any address detailed in this Agreement, are deemed to have been properly served on the third day after posting. Canadian Law applies to this agreement. Both parties hereby submit to the jurisdiction of the Canadian Courts.

Both parties agree that they have no joint venture, partnership, or agency relationship as a result of this Agreement. Neither party shall make any offer, guarantee, or warranty to any third party, in regard to the services, that purports to bind the other party.

ARTICLE 12. End User Terms of Use and Privacy Policy

Your use of this website is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth below (“Privacy Policy”), apply to your use of the portions of this website on which links to either or both of the Terms of Use or the Privacy Policy appear (the “Site”). Other portions of this site may be governed by different terms and conditions or privacy policies. In the event of a conflict between any term or condition of these Terms of Use or the Privacy Policy, on the one hand, and any other terms of use or privacy or other policies, on the other hand, the applicable term or condition of these Terms of Use or the Privacy Policy shall prevail with respect to your use of the Site.

By accessing and using the Site, or by clicking “I Accept” when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced below. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site.

ARTICLE 13. ABOUT WEBSERVICE

WOAHAWARD.COM is provided as an interactive and informational resource. It is provided to you by the owner of this site (“us” or “we” or “our”), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider, Woah!! Media Group, and their content providers, business partners, and other parties (collectively, “Service Provider”).

ARTICLE 14. Use of the Site

This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, our Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.

The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us or our Service Provider. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use.

By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.

Membership in the Site is subject, in our or our Service Provider’s sole discretion, to termination at any time.

ARTICLE 15. User Content

The Site may now or in the future permit the submission of Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for User Content you submit and the consequences of our or our Service Provider’s posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us and our Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. By submitting the User Content to us, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In addition to the foregoing licenses, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by our Service Provider.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We and our Service Provider may remove any Content and User Content without prior notice. We or our Service Provider may also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. We and our Service Provider also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We or our Service Provider may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ARTICLE 16. Indemnity

You agree to defend, indemnify, and hold us and our Service Provider harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Site. We or our Service Provider shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

ARTICLE 17. Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR&#8209;FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON&#8209;INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Provider without restriction.

These Terms of Use are governed by the internal substantive laws of the Province Of Ontario, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Toronto in the Province of Ontario. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

ARTICLE 18. Privacy Policy

(This Privacy Policy was last updated on June 12, 2006.)

ARTICLE 19. Our Policy

Through the Site, we and our Service Provider may provide you with access to varied user-generated and other content and interactive and informational resources (collectively, “Services”). This Privacy Policy sets forth our and our Service Provider’s policies with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from you when using the Site. Unless otherwise stated in this Privacy Policy, this policy shall be deemed to apply to us and our Service Provider and all references to “we”, “us” and/or “our” shall include our Service Provider.

ARTICLE 20. Information We Collect

When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily choose to provide such information such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever we collect Personal Data we make an effort to provide a link to this Privacy Policy. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to offices and servers of Service Provider, its affiliates and their contractors located in the United States and other countries.

Other Information:
Non-Identifiable Data: When you utilize the Site, we may receive certain personally non-identifiable information about your use of the Site. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information ourselves or it may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Site, the number of visitors to each page of the Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating this Site, we may use cookies. A cookie is a piece of information that the computer or computers that host our Site give to your browser when you access a the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to the site. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our end user’s demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information:
We will use the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide access to such services and to monitor your use of such services. We may also use your Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the Services. We may use this information to contact you in the future to tell you about services we believe will be of interest to you.

ARTICLE 21. Our Disclosure of Your Personal Data and Other Information

There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, including as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or this Site, Personal Data may be part of the transferred assets.

Service Providers, Agents and Related Third Parties: We sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Data. However, we only provide them with the information that they need to perform their specific function.

Legal Requirements: We may also disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

ARTICLE 22. Your Choices

You can use the Site without providing any Personal Data, however, you may not be able to use certain Services.

ARTICLE 23. Exclusions

This Privacy Policy shall not apply to any unsolicited information you provide to us through this Site or to through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing services, and other unsolicited submissions (collectively, “Unsolicited Information”), including all User Content as that term is defined in our Terms of Use. All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. Please also note that any Personal Data or other information you provide to be displayed in your publicly available online profile will be displayed for others to see and thus will not be subject to the terms of this Privacy Policy. We cannot and will not be responsible for what third parties do with any Personal Data or other information that you choose to make publicly available. As such, we advise that you exercise great care in determining what information you choose to make publicly available through this Site.

ARTICLE 24. Children

We do not knowingly collect Personal Data from children under the age of 13. If you are under thirteen, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provider Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through this Site, please contact us, and we will endeavor to delete that information from our databases.

ARTICLE 25. Links to Other WebSites

This Privacy Policy applies only to the Site. The Site may frame or contain references or links to other websites not operated or controlled by Service Provider (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Site do not imply our Service review or endorsement of the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

ARTICLE 26. Security

We take reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Site may not be secure. Therefore, you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to us Provider via the Internet.

ARTICLE 27. Changes to Our Privacy Policy

The Site may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. Accordingly, we reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

ARTICLE 28. Access to Information; Contacting Us

Through the Site, we provide you with access to update your profile and revise Personal Data previously submitted to the Site.

You may contact us in the event you have questions about Service this Privacy Policy or our information practices.
You may contact our Service Provider at the contact details set forth above in our Terms of Use.

ARTICLE 29. HOTTEST PERSON ALIVE TERMS

a) Prize Availability

It is understood that WoahAward.com currently supports the following prizes in the Hottest Person Alive Search:

*    $100,000 in cash deducted from advertising revenue share and placed into the "Popularity Fund" for Participants;
*    Your own home (valued at $150,000 - $250,000) - mortgage paid for one year;
*    Jewellery from your favourite Jeweler (valued at $5,100);
*    Vehicle (valued at $25,000) car lease paid for two years;
*    Global marketing & distribution contract (with Woah!! / Four Way Media (valued at $50,000);
*    All expense paid trip to LA, New York or Atlanta to participate in a paid photo-shoot with a Woah!! photographer;

It is understood that performance bonuses are available only for WoahAward.com with approved widgets assigned a valid WoahAward.com Referral ID.
It is understood that Partner may increase his/her share of the Popularity Fund by increasing traffic driven to web-pages and widgets assigned to his/her referral ID.
It is understood that Partner must meet minimum unique pageview to clickthrough conversion to qualify for prizes.

b) HOW ARE VOTES TRACKED?

It is understood that WoahAward.com will provide Partner with technology that allows Partner to track his/her performance in the Hottest People Alive Search and as such check the following:

*    Votes (unique pageviews)
*    Friend List Registrations (click here to see friends list template)
*    Earnings 
*    Contestant bonuses
*    Job announcements

c) REVENUE SHARE / ROYALTIES

It is understood that WoahAward.com has negotiated advertising revenue share deals that allows WoahAward.com to earn pageview (CPM), clickthrough (CPC), pay-per-lead or commission revenues
It is understood that for the purpose of this agreement WoahAward.com will use the lower estimate to calculate earnings owed Partner.
It is understood that Partner can expect to earn royalties for unique pageviews. Details at http://www.woahaward.com/models/earningschedule.asp

d) FRIENDS' LIST COMPENSATION

It is understood that WoahAward.com will share up to 40% of net commissionable earnings realized from friends. Friends list royalties are published at http://www.woahaward.com/models/earningschedule.asp

e) PERFORMANCE BONUSES

It is understood that WoahAward.com will reward Partner for achieving a minimum of 100,000 daily pageviews with a prize (valued at $5,100 retail).
It is understood that WoahAward.com will reward Partner for achieving a minimum of 250,000 daily pageviews with a vehicle (valued at $25,000 retail) and pay the lease amount for a period of twenty four months.
It is understood that WoahAward.com will reward Partner for achieving a minimum of 1,000,000 daily pageviews with a home (valued at $150,000 - $250,000) and pay the mortgage for a period of one year.
 
f) CRITERIA TO PARTICIPATE IN HOTTEST ALIVE PEOPLE SEARCH

It is understood to participate in the Woah!! Internet Royalty Program you must:

- Set-up a Free WoahAward.com account
- Set-up a Woah!! Widget
- Have 25 WoahAward.com Friends or 250 unique visits 
- Be approved for a custom widget

It is understood revenue figures are estimates that includes revenue share on pageviews, clickthroughs, pay per lead and commissioned sales assigned to a Partner's WoahAward.com Referral ID.
It is understood that estimates do not include traffic sent to pages without advertisements.
It is understood that in order to receive performance bonuses Partner must demonstrate consistent web traffic (at or around the target number for a period of 15 days) plus or minus 10% and receive a clickthrough rate of 1/10 of 1%. For example, to qualify for a home mortgage payment you must generate 900,000 - 1,100,000 pageviews daily for at least 15 days or 15 days within a 30 day period.
It is understood that this opportunity is open only to users with WoahAward.com widgets like Clarissa Santiago or users that build friends lists. Cash is disbursed to users that have met minimum thresholds. Widgets must be approved by WoahAward.com.

g) ASSET OWNERSHIP

Home:
It is understood that the CORPORATION will purchase and insure property awarded to Partner with the deed signed to the Corporation.
It is understood that the Partner may live in the property rent free for a period of one year, afterwhich Partner has the right to take over the mortgage payments, or vacate the property.
It is understood that in the event the Partner does not wish to remain in the property after the 12 month period, the Corporation reserves the right to sell the property or rent the property to a third party.
It is understood that the Partner retains no ownership to the property.
It is understood that if after the one year free rent period, the Partner fails pay monthly mortgage payments, the CORPORATION reserves the right to enforce state laws governing landlord tenant agreements.
It is understood that the CORPORATION reserves the right to select the city or state where the property is purchased.

Vehicle:
It is understood that the Corporation will purchase and, or lease a vehicle and give the Partner free use of the vehicle for a period of twenty four months.
It is understood that it is the responsibility of Partner to insure the vehicle and finance ongoing maintenance.
It is understood that if after the 24 month period, the Partner does not wish to retain the vehicle, the Corporation may sell or lease the vehicle to a third-party.
It is understood that if after the two year free car payment period, the Partner fails to pay monthly car payments, the CORPORATION reserves the right to enforce state laws governing auto loans and lease agreements.

All Expense Paid - Open to contestants that generate a minimum of 1,000,000 unique pageviews. Value of vacation package is $1,500.00.

How Payments Work - Woah!! payments are made on a monthly schedule. If your account balance reaches $100.00 in any month, we'll send your payment before the end of the following month, provided there are no holds on your account. For example, if your account balance reaches the payment threshold during November, we'll send you a payment at the end of December.

It is understood that users are required to choose between the bonus or monthly advertising revenue payouts.

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