Terms & Conditions
FOR MAG “DON’T TRASH ARIZONA” CONTEST
By creating a user account and/or accessing or using www.DontTrashAZ.com (the “Site”) or by posting any content on the Site, you represent and warrant that you have read, understand and agree to be bound by these User Terms of Use (“Terms of Use” or “Agreement”) and any other rules or regulations of the Maricopa Association of Governments (“MAG”). MAG reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.
Participation in the Contest
The selection, development, manufacture and use of any User Content is subject to MAG’s sole and absolute discretion and MAG reserves the right, for any or no reason, to (i) reject any submitted User Content, (ii) refuse to post any submitted User Content to the Site, (iii) terminate the development or any phase related to User Content, (iv) terminate the use and or manufacture of any product related to any User Content, or (v) sell or license User Content, and/or any intellectual property related thereto, to any third party.
Definitions
- “Intellectual Property Rights” means any invention, writing, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.
- “MAG” means the Maricopa Association of Governments, its directors, officers, agents, representatives, employees and MAG’s members and members’ directors, officers, agents, representatives, and employees.
- “Person” means any individual (including parent or guardian), trust or legal entity.
- “Site Content” means all information on the Site and available through the Site, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.
- “User” means any Person who creates an account online (on the Internet) and is registered to post content on the Site and includes all other Persons who participate on the Site other than MAG.
- “User Content” includes all information that a User may transmit to the Site and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format.
Media Waiver
User agrees that MAG has the absolute right and permission to use the User’s name, voice, image, likeness, and applicable User information, including for example any description of User Content, as well as representations made in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about MAG, MAG’s operations, the “Don’t Trash Arizona” campaign or User Content.
Interruptions and Changes
MAG reserves the right to interrupt the Site with or without prior notice for any reason or no reason. User agrees that MAG will not be liable for any interruption of the Site, delay or failure to perform. MAG has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the operations connected to the Site or this program as it sees fit in its sole discretion.
User Content
MAG is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Site. Although MAG provides rules for User conduct and postings, MAG does not control and is not responsible for what Users post, transmit or share on the Site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content encountered on the Site or in connection with any User Content. MAG is not responsible for the conduct, whether online or offline, of any User of the Site.
Indemnification
To the fullest extent permitted by law, the User shall defend, indemnify, save and hold harmless the Maricopa Association of Governments, its directors, officers, agents, representatives, employees and MAG’s members and members’ directors, officers, agents, representatives, and employees (collectively “Indemnitees”) from and against any and all damages, claims, losses, liabilities, actions or expenses (including, but not limited to, attorneys’ fees, court costs, and the cost of appellate proceedings) (collectively, “Claims”) relating to, arising out of or alleged to have arisen from this Agreement, User Content, use of the Site, or User activity on the Site including, User Content that infringes upon, violates or misappropriates any Intellectual Property Rights or discloses proprietary information. The User’s duty to defend, hold harmless and indemnify Indemnitees pursuant to this section shall arise in connection with any claim, damage, loss or expense that is attributable to breach by User of this Agreement, claims arising from use of the Site and/or accounts, bodily injury, sickness, disease, including death, or to injury to, impairment, or destruction of property including loss of use resulting therefrom, caused in whole or in part by the acts, errors, mistakes, omissions, work or services of the User or anyone for whose acts the User may be legally liable. It is the specific intention of MAG and User that the Indemnitees shall be indemnified by User from and against all Claims other than those arising from the Indemnitees’ sole negligence. The User will be responsible for primary loss investigation and defense and judgment costs where this Indemnification applies.
In the event that any action or proceeding shall at any time be brought against any of the Indemnitees by reason of any Claim referred to in this section, the User, at User’s sole cost and upon at least 10 day’s written notice from MAG, shall defend the same with counsel acceptable to MAG, in MAG’s sole discretion. The User’s obligations under this section shall survive the expiration or earlier termination of this Agreement.
Arizona Law Applies and Venue
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Arizona, without reference to conflict of laws and principles. Exclusive jurisdiction and venue for any action brought to enforce or construe any provision of this Agreement shall be proper in the Superior Court of Maricopa County, Arizona and MAG and User consent to the sole jurisdiction of, and venue in, such court for such purposes.
The “Release”
In consideration of User being allowed to access or use the Site or post User Content on the Site, User, for itself, spouse, heirs, executors, administrators and estate, assumes the risk of and hereby releases, waives and forever discharges MAG and covenants not to make a claim against or sue MAG for any injury, loss, liability, damage, or cost whatsoever arising, directly, or indirectly out of or related to any loss, damage, or injury to User or to User’s property or any other claim for damages of any kind or nature that User may sustain as a result of access or use of the Site or posting User Content on the Site. User also certifies that if under the age of 18 years, such User has obtained the signature and approval of parent(s) or guardian(s) allowing access or use of the Site or posting User Content on the Site and that such parent or guardian has full knowledge thereof. In the event any action, suit or proceeding is brought by MAG to enforce compliance with the Release, to exercise any rights or remedies under the Release, or to declare the rights of the Release, the User shall pay all costs and expenses of such action, suit or proceeding, together with such sums as the court (and not the jury) may adjudge as reasonable attorneys’ fees to be allowed in said action, suit or proceeding.
