TERMS AND CONDITIONS

Acceptance of Terms
Welcome to the Website (the “Website”) of the X PRIZE CUP and the X PRIZE FOUNDATION (together, “X PRIZE”). On this Website, X PRIZE makes available to you a wide range of information, downloads, documents, communications, files, text, graphics, publications, content, tools, forums, resources, and services.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this Website in any way, including, without limitation, browsing the Website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document (“Terms of Use”). IF YOU DO NOT AGREE TO ALL OF THE Terms of Use CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between X PRIZE and you. If you are using the Website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf.

X PRIZE reserves the right, at X PRIZE’s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this Website following the posting of changes to the Terms of Use will mean you accept those changes.

Internet technology and applicable laws, rules and regulations change frequently. Accordingly, X PRIZE reserves the right to make changes to these Terms of Use and/or our Privacy Policy at any time. Your continued use of this Website constitutes assent to any new or modified provision of this terms of use and/or our Privacy Policy that may be posted on the Website.

Access to the Website

Except as expressly provided below, this Website is intended to be used only by individuals and entities that can enter into legally binding contracts under applicable law. You must comply with all of the terms and conditions of these Terms of Use, the policies referred to below, and all applicable laws, regulations and rules in order to use this Website.

We use the means that we believe are reasonable to provide access to this Website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of X PRIZE, and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Website service and equipment. X PRIZE will not be liable for any failure or deficiency in the performance of this Website by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to X PRIZE, fire, terrorism, natural disaster or war.

X PRIZE grants users who accept these Terms of Use the right to connect one or more workstations to its Website. Access to the Website is by means of the user's computer, connected to a telecommunications network allowing access to this Website. The communication protocols used are those currently used by the Internet network. The rights of access to and use of this Website are non-exclusive and non-transferable.

Use of Materials Limitations
All materials contained in the Website are the copyrighted property of X PRIZE, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to X PRIZE, or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise specified, the materials and services on this Website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without the written permission from X PRIZE.

Linking and Framing
You may not deep link to portions of the Website; or frame, inline link, or similarly display any X PRIZE property, including, without limitation, the Website. You may not use any X PRIZE logo or its other trademarks as part of a link without the express prior written permission of X PRIZE.

In order to respect the integrity of this Website contents and avoid creating confusion among Internet users regarding the origin of the aforementioned contents, simple links to the Home Page of this Website are permitted, but the following are prohibited:
- Extended links which allow Internet users access to pages within this Website without first passing through the Home Page of the Website or through subsections of the Website;
- Inline links which allow the user to automatically see this Website contents at a specific location;
- Framing links, which enable a page from this Website to appear in a frame within the page of the Website visited by the user.

The following are permitted:
- Simple links to the Home Page of this Website;
- Simple links to the home page of the various subsections of this Website;

In any event, links from Websites containing immoral, violent, pornographic or pedophilic material, Websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.

Under no circumstances shall a hyperlink to this Website from the website of a third party imply any sponsorship, association, affiliation or co-operation between X PRIZE and such third-party website. X PRIZE has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to this Website.

Privacy Policy
X PRIZE respects your desire for privacy. X PRIZE’s Privacy Policy can be found at http://www.xprize.org/privacy-policy. By using the Website, you are consenting to the processing of your data by X PRIZE and consenting to the terms of our Privacy Policy.

Use of Documents and Publications on the Website
Except as expressly prohibited on this Website, you are permitted to view, copy, print and distribute publications and documents within this Website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that:

a. your use of the information is for informational, personal, and non-commercial purposes only,
b. you will not modify the documents, publications or graphics,
c. you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context,
d. you will display the below copyright notice and other proprietary notices on every copy you make, and
e. you agree that X PRIZE may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from X PRIZE. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this Website. Those elements of the Website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by X PRIZE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, X PRIZE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, X PRIZE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL X PRIZE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. X PRIZE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.

Disclaimers and Other Notices on the User of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND X PRIZE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, X PRIZE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL X PRIZE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. X PRIZE ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.

X PRIZE MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.

THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO X PRIZE PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT X PRIZE INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL X PRIZE BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.

THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF X PRIZE AND X PRIZE IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. X PRIZE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. X PRIZE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT X PRIZE ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.

Accounts and Security
If any of the services on the Website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify X PRIZE immediately of any unauthorised use of your account or any other breach of security. X PRIZE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by X PRIZE or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this Website and registering for such services, you consent to X PRIZE’s display of such information via the services and accept all risks of unauthorised access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or X PRIZE has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, X PRIZE may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the services.

No Unlawful or Prohibited Use
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the the Website or any services related thereto in any manner that could damage, disable, overburden, or impair any X PRIZE server, or the network(s) connected to any X PRIZE server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any X PRIZE server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

Use of Services on the Website
The Website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not:
• Use the Communication Services or the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
• Use any X PRIZE domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
• Transmit unsolicited or bulk communications to any X PRIZE account holder or to any xprize.org or affiliated email address (regardless of whether you use the Website to transmit any such communication).
• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

X PRIZE has no obligation to monitor the Communication Services. However, X PRIZE reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. X PRIZE reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

X PRIZE reserves the right at all times to disclose any information as X PRIZE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in X PRIZE’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. X PRIZE does not control or endorse the content, messages or information found in any Communication Services and, therefore, X PRIZE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. You are solely responsible for your interaction with other users of the Website and any content that you Post (hereinafter defined). Managers and hosts are not authorized X PRIZE spokespersons, and their views do not necessarily reflect those of X PRIZE.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Materials Provided to X PRIZE or Posted to the Website
Unless otherwise specified, X PRIZE does not claim ownership of the materials you provide to X PRIZE (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the Website or its associated services for review by X PRIZE, the general public, and/or by the members of any public or private community (each a “Submission” and collectively “Submissions”), and such Submissions shall be deemed not to be confidential.

No compensation will be paid with respect to the use of your Submission, as provided herein. X PRIZE is under no obligation to post or use any Submission you may provide and X PRIZE may remove any Submission at any time in its sole discretion.

You are prohibited from Posting any Submission that, in the sole and absolute discretion of X PRIZE: (i) restricts or inhibits any other user from using and enjoying our Sites; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus, software, executable programs or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains hyperlinks, advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.

By Posting a Submission, you are acknowledging that any such Submission (i) is not confidential or proprietary to you or any other person or entity, (ii) does not create any contractually implied or other relationship between you and X PRIZE or its agents and representatives other than as expressly set forth in these Terms of Use and (iii) does not create any confidential or fiduciary relationship between you and X PRIZE.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (i) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Website, (ii) you have the rights necessary to grant the rights described in these Terms of Use, and (iii) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

You shall only provide Submissions consisting of (i) text submitted through the text enabled Communication Service and (ii) Images in *.jpg or *.mpg format.

You acknowledge that X PRIZE does not pre-screen Submissions, but that X PRIZE and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Submission that is available via the Website. By way of example and without limiting the foregoing, X PRIZE and its designees may disable, restrict access to or the availability of, any Submission that (i) violates the terms of these Terms of Use; (ii) constitutes illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, offensive, objectionable or otherwise inappropriate material; or (iii) is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions. X PRIZE assumes no liability for use of any Submission by any third party.

You acknowledge that X PRIZE makes no representation or warranty that any party will win any X PRIZE contest or achieve any of the goals set forth in any X PRIZE competition. You further acknowledge that, whether or not anyone wins an X PRIZE contest or achieves the goals of an X PRIZE competition, X PRIZE shall retain all payments, proceeds or donations made in connection with any Submissions and that X PRIZE shall retain all rights to the Submissions granted to X PRIZE herein.

You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not X PRIZE, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the Website. X PRIZE does not control the Submissions posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the Website, you may be exposed to Submissions from others that are offensive, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against X PRIZE with respect thereto.

You may access Submissions solely (i) for your information and personal use and (ii) as intended through the normal functionality of the Website.

Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Website. Postings are made available "as is", and you may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download or otherwise exploit Submissions in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these Terms of Use.

You agree to not engage in the use, copying, or distribution of any of the Website content (including any use, copying, or distribution of Submissions of third parties obtained through the Website) for any commercial purposes.

Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any Submission 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):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• 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
• 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.
X PRIZE's designated Copyright Agent to receive notifications of claimed infringement is: Paul Cusack, email: copyright@xprize.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to X PRIZE customer service through the contact form. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Submission, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, X PRIZE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at X PRIZE's sole discretion.

Assignment and Ownership of Submissions
By Posting a Submission, you thereby irrevocably assign, transfer, deliver and otherwise convey to X PRIZE all rights, titles and interests therein and X PRIZE accepts the foregoing assignment. Therefore, X PRIZE may, in its sole discretion and without penalty, use, copy, reproduce, prepare derivative works based upon, distribute, perform and display such information in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our Privacy Policy.

Representations and Warranties
You represent and warrant to X PRIZE that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms of Use; (ii) Your assent to and performance of Your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) these Terms of Use constitute legal, valid and binding obligations on You, enforceable in accordance with their terms and conditions; (iv) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of X PRIZE or any third party in Your use of the Website; and (v) You will comply with all applicable laws, rules and regulations in Your use of the Website, including these Terms of Use.

Spam E-mail and Postings
You agree that X PRIZE would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that X PRIZE is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). X PRIZE reserves the right to block, filter or delete unsolicited e-mail.

Indemnity
You agree to indemnify, defend and hold X PRIZE, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Submissons, your use of the Website, including any use by your employees, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.

Termination
X PRIZE may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily, or permanently, at any time without prior notice.

Jurisdiction and Applicable Law
These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of California, without regard to any provision governing conflicts of law. Any dispute arising from this legal notice shall be brought before the federal or state courts located in California. The use of this Website implies Your express consent to the personal jurisdiction and venue of such courts.

Waiver of Class Action Rights; Limitation of Actions
By entering into Terms of Use, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use must be asserted individually.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Correspondence With X PRIZE
To correspond with X PRIZE by e-mail, Internet users must fill in the electronic correspondence forms proposed on this Website. Our replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from X PRIZE to You shall be sent to you at the address provided by You.

When you send e-mails to us, You are communicating with us electronically, and thereby You are consenting to receive communications from us electronically or by other means available, including telephone or facsimile. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing

Advertisements and Promotions
X PRIZE may run advertisements and promotions from third parties on the Website. The manner, mode and extent of advertising by X PRIZE is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than X PRIZE found on or through the Website, 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. X PRIZE is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-X PRIZE advertisers on the Website.

General Information
The Terms of Use constitute the entire agreement between you and X PRIZE and govern your use of the Website, superseding any prior agreements between you and X PRIZE on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and X PRIZE in effect as of the date of your use of the Website and specifically regarding your use of the Website (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional Terms of Use that may apply when you use other X PRIZE services, third-party content or third-party software. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.

X PRIZE controls and operates this Website from its headquarters in the United States and makes no representation that this Website is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

The failure of X PRIZE to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use 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 Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

PRIVACY POLICY

BY USING THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY TERM IN THIS POLICY, PLEASE DO NOT USE THIS WEBSITE OR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH THIS WEBSITE.

1. OUR COMMITMENT TO YOUR PRIVACY

The X-Prize Foundation (“X PRIZE”) is committed to protecting your privacy. This Privacy Policy applies to all information submitted by you on this website and it explains the type of information we may collect and how we may use it. Please read this Privacy Policy carefully to be aware of our privacy protection procedures and the use of your personal information you provided to us. Please keep in mind that this Privacy Policy applies only to this X PRIZE website for the United States and does not address information that we might obtain from places other than this website. Since other websites (including those to which we link) have their own privacy practices, we encourage you to ask questions and provide information only to those sites whose privacy practices you understand and trust. Also, we reserve the right to revise our Privacy Policy at any time without prior notice, so please check this page periodically.

2. INFORMATION COLLECTION AND USE

2.1 What Information We Collect

We collect non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address. Our servers typically log your IP address when you request a page from this website. We also log such information as your resolution settings, browser information, platform type, and originating URLs. You remain anonymous to us since we do not link your IP address to anything personally identifiable. However, we also collect personally identifiable information about you when you voluntarily submit it to us, such as by: registering for a product warranty; filling out a form or survey; Posting Submissions (as defined in the Terms of Use); requesting promotional material; registering your e-mail address with us; signing up for an e-mail newsletter; or, e-mailing us.

Our website has been designed to meet your needs. As is standard practice on many corporate websites, X PRIZE’s website utilizes cookies to gather technical information. A cookie is a small data file installed on your computer hard drive by a web server. Generally speaking, it records data about your computer's navigation within our website (pages viewed, date and time of your visit, etc.), which are read during subsequent visits. Cookies provide websites with information regarding the state your browser is in. For example, if you have visited the site before (a state of “this browser has visited this site before”), you will not have to fill out a X PRIZE registration form again during subsequent visits in order to benefit from our personalized services. Our website may also use the servers of our advertising partners to display the advertisements seen on our website pages. These partners may also utilize cookies to help target the advertisements shown towards your needs.

Please note that if your internet browser is configured to not accept cookies, we cannot guarantee that the services available to you on our website will work correctly.

2.2 How We Use This Information

Pursuant to the Terms of Use, you have expressly assigned all rights in and to Submissions (as defined in the Terms of Use) to X PRIZE. X PRIZE and/or its subsidiaries may, in their sole discretion, use information submitted at the time of registration or any Submissions for marketing, promotional and any other commercial purposes and may share such information or Submissions with our promotional partners in accordance with the Terms of Use. We may use your contact information to send you information about our company’s current activities. You may decide at any time to stop receiving future mailings.

Your personally identifiable information may be shared with and stored on a database controlled by third parties that have been hired by us to provide limited services on our behalf. Agents or contractors of X PRIZE who have access to your personally identifiable information are required to use their best efforts to keep the information confidential and are prohibited from using this information for any purpose not previously disclosed to you.

We use personally identifiable and non-personally identifiable information for site administration and for the purpose of performing the services for which such data was collected.

We do not sell or rent your personally identifiable information to third parties, unless disclosure is required by law or to protect our interests. At times, X PRIZE may be required by law or litigation to disclose your personal information; this includes special cases when we have reason to believe that disclosing information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with X PRIZE’s rights. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

We use your IP address, resolution settings, browser information, platform type, and originating URLs to help diagnose problems with our server, measure usage, and to administer the site.

You agree that any commentary on our products or services that you provide to us belongs to us and can be used and published by us for any purpose, so long as we do not identify you as the source or author of such commentary without your consent.

Even though our information practices may change from time to time, we will not use your information in a manner not previously disclosed to you in our Privacy Policy. We will provide you with notice by posting any privacy policy changes on this website.

3. UPDATING OR CORRECTING YOUR INFORMATION

If you provide us with personally identifiable information to have us perform ongoing services to you, we will use reasonable diligence to provide you with a way to review the information we have on file and either update or correct this information.

4. CHILDREN'S PRIVACY PROTECTION

We do not wish to obtain personally identifiable information from children who are using our site unsupervised. Thus, we ask children to obtain the consent of their parent or guardian before providing us with any personally identifiable information.

5. SECURITY PRECAUTIONS

Your privacy is very important to us. We use security technology and security procedures that are reasonably designed to help maintain the privacy of your personal information. Among other techniques, we usually store such information on a computer behind our "firewall" in a secure location, and we often restrict the number of employees internally who can access this data. Of course, there is no such thing as "perfect security" on the Internet and we cannot guarantee the security of any information you disclose online. Further, please note that our web servers may be run by a third party web host whose actions we do not control.

6. TERMS OF USE

Please consult our Terms of Use for the conditions under which X PRIZE makes its website available to users and the conditions under which users may have access to and use this website.

7. AMENDMENTS

This Privacy Policy became effective on September 26, 2007. We may update this Privacy Policy from time to time. When we change this Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. Any amendments will be effective when posted. Your continued access of this website shall be deemed your acceptance and complete understanding of the amended Privacy Policy.

As this privacy policy is designed to become more comprehensive over time, we want it to develop in line with your requirements and expectations. We are therefore open to all questions and suggestions related to our privacy policy. Please feel free to send us your comments the Contact Us section of this website.

CONTACT US