Terms of Service

IMPORTANT! PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING WWW.DECAPIX.COM (THE “WEB SITE”), AS IT AFFECTS AND GOVERNS YOUR USE OF THIS WEB SITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU AGREE TO THESE TERMS BY ACCESSING THIS WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

NO PURCHASE NECESSARY TO ENTER OR WIN. SWEEPSTAKES IS OPEN ONLY TO CITIZENS OF THE UNITED STATES (EXCLUDING WITHOUT LIMITATION, THOSE RESIDENTS IF LOCATED IN AN OVERSEAS MILITARY INSTALLATION, PUERTO RICO, OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES) AGE 18 OR OLDER.

Decapix operates a series of Promotions, each a separate Sweepstakes event. Each Sweepstakes operates on a revolving principle. Participants my enter each Sweepstakes once per day. At any time, Decapix may elect to award a Sweepstakes Prize to one applicant, based on random selection from the received entries for that Sweepstakes. Decapix may elect to continue the Sweepstakes, and may optionally include all previous entries in the newly continued Sweepstakes. Decapix may terminate a Sweepstakes at any time, with no obligation to the current entrants of said Sweepstakes. Participation constitutes entrant's full unconditional agreement and acceptance of these Official Rules.

1. SWEEPSTAKES OFFICIAL RULES

(1) ELIGIBILITY: The Sweepstakes is open to citizens of the United States who are eighteen (18) years of age or older as of the date of entry. Employees, independent contractors, officers, and directors of Decapix, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, legal advisors, and their immediate family members are not eligible to participate in the Sweepstakes. Residents of jurisdictions prohibiting such promotions should consider this offer void.

(2) HOW TO ENTER: Participants may enter any Sweepstakes by providing the information requested at the appropriate Sweepstakes page at http://www.decapix.com. Applicant must provide a valid physical address. PO Boxes are not permitted.

(3) PRIZES: The Prize offered in each Sweepstakes will be detailed on each Sweepstakes' entry form, either explicitly stated or via hyperlink. No alternative prize or other substitution is permitted except by Decapix in the event of prize unavailability. Prize is non-transferable. All federal, state, and/or local taxes are the responsibility of the winner. Winner is also responsible for Internet access fees and service charges. Limit one (1) prize per person, family, or household, in each Sweepstakes.

(4) SELECTION OF WINNER: The winner of each Sweepstakes will be determined by random selection by computer, to be conducted by Decapix. Odds of winning a prize are based on the number of eligible entries received. Winner will be notified by e-mail. Winner will have 15 days from notification to accept the prize by replying to the notification e-mail. Decapix is not responsible for late, lost, misdirected, or unsuccessful efforts to notify the winner. All taxes on prizes, including income taxes, and any incidental expenses associated with collection of a prize are the responsibility of the winner. Winners assume all liability for any damages caused or claimed to be caused by participation or by any prize and release Decapix from any such liability. Winner may be required to sign and return a release of liability, declaration, or affidavit of eligibility within 15 days of receipt by winner as a condition of receiving the prize. If the selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails in the timely return of the completed and executed declaration and releases as required, prize may be forfeited and an alternative winner selected. By accepting the prize, winner agrees to the use of the winner's name, voice, and/or likeness for the purpose of trade, advertising, or promotion without further compensation, unless prohibited by law.

(5) GENERAL TERMS AND CONDITIONS: Conduct of Sweepstakes and selection of winners are in Decapix's sole discretion, and Decapix's decisions are final and binding. Agents and representatives of Decapix, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, illegible, or unintelligible entries, or for failures or malfunctions of phones, phone lines, telephone systems, or transmissions, interrupted or unavailable network, server or other connections, miscommunications, failed computer hardware or software or technical failures, garbled, misrouted, scrambled transmissions, or other errors or problems of any kind whether human, electronic or otherwise in the transmission and/or receipt of entries; (ii) any condition caused by events beyond the control of Decapix that may cause the Sweepstakes to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Sweepstakes; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes. On-line entrants must submit a valid e-mail address. In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

By participating, each entrant agrees to release and hold Decapix and the employees, officers, directors, shareholders, agents, and representatives of Decapix, its affiliates, subsidiaries,advertising, promotion, and fulfillment agencies, and legal advisors harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Sweepstakes or resulting from entrant's participation, acceptance, possession, or use of any prize, including, without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Entrants agree to abide by these Official Rules and by the decisions of Decapix, whose decisions are final. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrant and Decapix in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law rules or provisions (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction other than the State of Texas.

Decapix reserves the right, in their sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, financial support, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Decapix may elect to identify Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DECAPIX WILL DISQUALIFY ANY SUCH ENTRANT, AND DECAPIX RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

(6) WINNER LIST REQUESTS: Any legally required list of winners may be obtained by sending an e-mail with the subject line: "Decapix Winner List Request" to webmaster@decapix.com. All such requests must be received within six (6) weeks after the termination of the Sweepstakes.

2. ADVERTISERS

Decapix sells advertising space to help fund individual Sweepstakes. By purchasing advertising space on the Decapix website, Advertisers agree that: (I) your ad is only guaranteed to show on the Promotion for which it was purchased; (ii) Decapix may, at it's discretion, show your ad on other Promotions; (iii) you have no control as to the placement of your ad on the Website; (iv) any image you submit may be scaled to fit within the allotted space; (v) your ad does not contain anything vulgar, lewd, illegal, improper, immoral, or of otherwise questionable content; (vi) your ad may be subject to removal should it be deemed unfitting for the Website. Decapix does not guarantee site visitors will choose to click on your ad, and Decapix will not refund your monthly ad subscription fees on the basis of ineffective advertisement. Any subscriptions funded through PayPal must also be cancelled through PayPal. Decapix cannot cancel a PayPal subscription, due to the technical limitations of PayPal's API. Decapix is not responsible for an Advertiser's failure to cancel an advertising subscription. Decapix may remove an Advertiser's ad immediately upon notification of cancellation of the Advertisement Subscription.

3. ACCEPTANCE OF TERMS

Decapix provides its service to you subject to the following Terms of Service (herein after “TOS”), which may be updated by us from time to time without notice to you. In addition, when using particular Decapix owned or operated services, all guests of Decapix shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

4. DESCRIPTION OF SERVICE

Decapix provides users with access to a rich collection of Sweepstakes, Contests and Promotions through its network of properties which may be accessed through any various medium or device now known or hereafter developed (herein after the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release/upgrade of new Decapix properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS”. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

5. MODIFICATIONS TO SERVICE

Decapix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Decapix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Decapix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

7. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Decapix has no control over such sites and resources, you acknowledge and agree that Decapix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Decapix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

8. DECAPIX’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Decapix, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

9. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1. Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. Decapix expressly disclaims all warranties of any kind, whether express or implied including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

2. Decapix makes no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.

3. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

4. No advice or information, whether oral or written, obtained by you from Decapix or through or from the service shall create any warranty not expressly stated in the TOS.

10. LIMITATION OF LIABILITY

You expressly understand and agree that Decapix shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Decapix has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

11. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

12. NOTICE

Decapix may, but is not required to, provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service. The obligation is solely on you, the user, to check for any updates to this TOS at any time.

13. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Decapix and governs your use of the Service and Content, superseding any prior agreements between you and Decapix with respect to the Service and Content. You also may be subject to additional terms and conditions that may apply when you use certain other Decapix services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of Decapix to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect if they run contrary to the law.

14. VIOLATIONS

Please report any violations of the TOS using the form located on the Contact Us Page.

15. EFFECTIVE DATE

This TOS is effective as of July 1st, 2008.