SillyStats Terms of Use / Terms of Service
(last updated v02/03/2010)

Welcome to SillyStats.com! Before you begin using SillyStats.com, you must first read and agree to these Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

SillyStats Terms of Service - SillyStats’s general terms and conditions (http://www.sillystats.com/tos)

Although we may attempt to notify you when major changes are made to these SillyStats Terms of Service, you should periodically review the most up-to-date version (http://www.sillystats.com/tos). SillyStats may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the SillyStats service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. SillyStats is a web publishing service. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. SillyStats disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. SillyStats also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

You must be at least thirteen (13) years of age to use the Service. SillyStats reserves the right to refuse service to anyone at any time without notice for any reason. You must be at least twenty-one (21) years of age to access and view the Adult Category.

2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

You agree that any posts are the responsibility of the person or people who made such postings. SillyStats does not monitor the content of SillyStats.com and takes no responsibility for such content. Instead, SillyStats merely provides access to such content as a service to you.

By their very nature, SillyStats.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using SillyStats.com.

SillyStats does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

3. Privacy. You agree that SillyStats may access or disclose your personal information, including the content of your communications, if SillyStats is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by SillyStats may be stored and processed in the United States or any other country in which SillyStats Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

4. General Practices Regarding Use and Storage. You agree that SillyStats has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. SillyStats retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service. SillyStats takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does SillyStats have any obligation to monitor such third-party content. SillyStats reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. SillyStats also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of SillyStats, its users and the public. SillyStats will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

6. Intellectual Property Rights. SillyStats’ Intellectual Property Rights. You acknowledge that SillyStats owns all right, title and interest in and to the Service, including all intellectual property rights (the "SillyStats Rights"). SillyStats Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, SillyStats Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights. SillyStats claims no ownership or control over any Content submitted, posted or displayed by you on or through SillyStats services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through SillyStats services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through SillyStats services which are intended to be available to the members of the public, you grant SillyStats a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on SillyStats services for the purpose of displaying and distributing SillyStats services. SillyStats furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

You may choose to submit, post, and display any materials on or through the SillyStats service under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using SillyStats service tools to do so. For avoidance of doubt, SillyStats is not a party to any such public license between you and any third party. Also, for avoidance of doubt, SillyStats may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.

7. No Resale of the Service. Unless expressly authorized in writing by SillyStats, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

8. Publicity. Any use of SillyStats’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "SillyStats," "SillyStats.com," must be in compliance with this Agreement.

9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to SillyStats to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

10. Termination; Suspension. SillyStats may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

11. Indemnification. You agree to hold harmless and indemnify SillyStats, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, SillyStats will provide you with written notice of such claim, suit or action.

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

13. Waiver and Severability of Terms. The failure of SillyStats to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.

14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of SillyStats services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinoist, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Cook County, Illinois, and you consent to the jurisdiction of such courts.

16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please email us at contact@sillystats.com

Additional Terms relating to Contests and Promotions offered by SillyStats.com

These following Terms are to be in conjunction with the above Terms as well as with the indivual Contest and/or Promotion rules of any respective Contest and/or Promotion offered by SillyStats.com as well as the Official Rules and General Guidelines stated on the Contest and Promotion page here.

SillyStats.com and its advertising and promotions agencies are not responsible for lost, late, incomplete, illegible, mutilated, inaccurate, misdirected, stolen or postage due entries or mail, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention. SillyStats.com reserves the right to suspend or terminate any Contest and/or Promotion in the event of any such problem. Contest and/or Promotion entries are the property of SillyStats.com. E-MAIL CHANGE OF ADDRESS POLICY: It is your sole responsibility to notify SillyStats.com in writing if you change your e-mail address. (To do so: write to: info@safecount.net).

1. Prizes.
Federal, state and local taxes are the responsibility of the winner.

2. Drawing; Odds of Winning (where random drawings are concerned):
Prize winners will be selected in a random drawing from all entries received by the applicable deadlines. Drawings will be held no later than 3 days after the Entry Period end date. Odds of winning depend on the number of eligible entries received in that Entry Period.

3. Awarding of Prizes.
Each winner will be notified by e-mail (the "Notification") within 5 days of the drawing. In cases where physical tickets, physical certificates or physical giftcards are involved, winners are required to send (by email to contests@sillystats.com) SillyStats.com their physical, real mailing address (P.O. Boxes are not allowed). Winners agree to allow SillyStats.com to display your SillyStats or Facebook Profile picture, your SillyStats Username or your Facebook Username (real name) and your a description of your prize(s). In addition, Winners agree to not hold SillyStats.com liable for any damages, incidents or occurrences as a result of publicly displaying this information. SillyStats.com may require each winner to provide proof that he or she is the authorized account holder of the e-mail address used to enter a Contest or Promotion. In the event of a dispute regarding an online submission, the entry will be deemed submitted by the authorized account holder. "Authorized account holder" means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or organization (e.g., business, educational, institutional) that is responsible for assigning e-mail addresses for the domain associated with such e-mail address. By agreeing to these Terms release, the grant permission to the use of their names and email addresses for advertising and promotional purposes for this and similar promotions without additional compensation unless required by law. Prizes will be awarded within 30 days after the drawings and posting of winners. Prizes are not transferable. Non-compliance with these Official Rules or Terms of Service (ie. Terms of Use) or undeliverable notification may result in disqualification and selection of an alternate winner.

4. Eligibility.
OPEN ONLY TO U.S. RESIDENTS (EXCLUDING PUERTO RICO AND THE US VIRGIN ISLANDS). VOID WHERE PROHIBITED. To enter, you must be at least 13 years old. All applicable federal, state and local laws and regulations apply. NO PURCHASE NECESSARY TO ENTER OR WIN.

5. Conditions.
A. All SillyStats.com Contests and Promotions are governed by these Official Rules and General Guidelines. By participating, entrants agree to these Official Rules and understand that all decisions regarding the Contests and Promotions ncluding, but not limited to, winner selection, will be made by SillyStats.com, whose decisions shall be final and binding in all respects. SillyStats.com is not responsible for (i) lost, late, delayed, misdirected, unintelligible, incomplete or postage due mail or electronic mail; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of the SillyStats.com which may cause the Contest or Promotion to be disrupted or misused; or (v) any inaccurate information caused by any reason, including, without limitation, the SillyStats.com website, users, equipment, or human or technical errors relating to the submission of entries.

B. By participating in the Contest and/or Promotion, you agree to release and hold harmless SillyStats.com, its clients, and promotional and advertising agencies, the entities whose names or brands appear in any Contest and/or Promotion or posted Question (ie. Poll), and all of their respective officers, directors, shareholders, employees, affiliates, representatives and agents from any and all losses, damages, rights, claims, actions and proceedings of any kind arising out of or relating to the Contest and/or Promotion or resulting from acceptance, possession, use, or misuse of any prize, including, without limitation, personal injuries, death, and property damage, and any claims based on publicity rights, defamation, or invasion of privacy.

IN NO EVENT WILL SILLYSTATS.COM, ITS CLIENTS, PROMOTIONAL AND ADVERTISING AGENCIES, THE ENTITIES WHOSE NAMES OR BRANDS APPEAR IN ANY CONTEST, PROMOTION OR SILLYSTATS.COM POSTED QUESTION, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE FOR DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SILLYSTATS.COM WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SILLYSTATS.COM WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS OFFERED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. C. Any and all disputes, claims and causes of action arising out of or connected with the Contests and Promotions, including, without limitation, relating to any prizes awarded or not awarded, shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration in Chicago, IL by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest or Promotion, but in no event attorneys’ fees. D. The Contest or Promotion may be modified, canceled, terminated or suspended in whole or in part without prior notice for any reason, including, without limitation, computer virus, bugs, non-authorized human intervention, mechanical or electronic problems or other causes beyond the control of SillyStats.com which corrupt or impair the administration, security, fairness or proper play of the Contest or Promotion. In the event of early termination of the Contest or Promotion, all prizes will be awarded in a random drawing from among all eligible entries received through the date on which the Contest or Promotion is terminated to the extent practicable, as determined by SillyStats.com in its sole discretion. E. Offer void where prohibited and subject to all applicable federal, state and local laws.

6. Name, address and email.
SillyStats.com will be collecting personal data about entrants online, in accordance with these Terms. By participating in the Contest or Promotion, entrants hereby agree to SillyStats.com’s collection and usage of their personal information and acknowledge that they have read and accepted SillyStats.com’s Terms of Use (ie. Terms and Conditions).

We use your email address for a few purposes. The first is to inform you if you have been chosen as a Contest or Promotion winner, if applicable. The second is to contact you if you have opted in to take part in future Contests and/or Promotions. We ask for your name and mailing address so that we can send you a check or a prize if applicable.

Age, gender and other demographic information is used to determine a user’s eligibility to qualify for a Prize.

You will be notified by email if there is ever a change in the way SillyStats uses your personal information.

Lastly, we may contact you if we have any questions or concerns about the accuracy of your information. We periodically conduct internal corroboration amongst all our data tables and also validate data fields to reveal any possible inconsistencies in the database. The outcome of this exercise may prompt us to contact you.

And keep in mind - if you ever want to be removed from our database after having opted-in to provide us your information, just contact us via email at contact@sillystats.com, and we will accommodate your request.

7. Winners List
The Winners will be posted and displayed at www.sillystats.com/winners

8. Spread the Word Promotion
- We reserve the right to change this Promotion at any time, at which case, such notifications will be posted to these Terms.
- You agree to supply us with your Paypal email address (to send you your payment) and/or a real, working email address and/or a physical mailing address (not a P.O. Box) if we need to send you a physical check.
- If you reach $250 worth of Clicks and Member Referral within one week, we reserve the right to review your Account, including all clicks and Members to determine the validity of the Clicks and said Members.
- We also reserve the right to withhold and/or not pay for Members or Click that we investigate and deem to be artificial, duplicated, false, bot generated, etc. We use various technological and programming techniques to ensure that the Clicks and Members our Users refer are 100% authentic, genuine and unique. If you are found or suspected to be violating this Promotion in any way, method, means, shape or form we reserve the right to ban you, your IP and delete, terminate or suspend your account immediately and without forewarning.
- You agree that SillyStats does not owe you any payable amounts until your account has reach $10 worth of clicks (100 unique clicks) and/or $10 worth of Members (10 Members) or a combination thereof.
- You agree not to hold SillyStats liable for any amounts payable within excess of $1.00 regarding any dispute for Clicks or Members that you feel you have referred that we investigate (and notify you of) and deem a violation of this Promotion.
- We also reserve the right to withhold payment pending an internal investigation by our staff or any necessary outside specialists until we thoroughly investigate suspicious activity relating to your Referral Clicks and Members.
- In some cases, this may be just a simple matter of observing any activity we deem to be normal on the SillyStats.com website.


Finally, this is meant to be a fair and fun promotion. We want to reward our Members for helping us get this fun service out there and will handle those who violate this service accordingly, which may result in the immediate termination and deletion of your account.

Thanks and Happy Voting!
SillyStats Team
team@sillystats.com

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