Since we can't sit down with all of you to get signatures and such, your use of our website tells us you agree to have these terms and conditions apply.

The Terms of Service

Welcome to Kulitzer. Kulitzer is operated by Awardlab Ltd, New Zealand. By using the service offered on or through www.kulitzer.com (“Kulitzer”) you are agreeing to the terms and conditions set forth below (the “Terms of Service”). We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time. You can always check out the most current version of these Terms of Service at this page. If you do not understand and agree to these Terms of Service, please do not use Kulitzer or any services provided by Kulitzer and do not register to be a user of Kulitzer.

The service

Kulitzer provides users with free and paid access to tools to create, join, judge, and win creative contests. Any new features that augment or enhance the current Services shall be subject to the Terms of Service. You acknowledge and agree that the Services are provided "as is" and that Kulitzer assumes no responsibility for the deletion, timeliness, mis-delivery or failure to store any user communications, content or personalisation settings. Kulitzer makes no warranty or representation that Kulitzer will meet your requirements, Kulitzer will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from Kulitzer will be accurate or reliable, that any errors in the software will be corrected.

Registration obligations

You are over 18 years of age or older and you agree to provide true, accurate, current and complete information about yourself. You also update your registration to keep it true, current, accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Kulitzer has reasons to suspect that such information is untrue, inaccurate, not current or incomplete, Kulitzer has the right to suspend, disable, or terminate your account and refuse any and all current or future use of the Services - or any portion of it.

Your password is yours

In addition to other registration data you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access Kulitzer, and agree not to transfer your name or password, or lend or otherwise transfer your use of or access to Kulitzer to any third party. You are fully responsible for any and all activity that occurs in connection with your username or password. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security related to your account or Kulitzer. Kulitzer is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Let’s keep it fun

Kulitzer may in accordance with its Terms of Service and in appropriate circumstances and at its discretion, disable and/or terminate without notice the entries and/or contests and/or accounts of users for any reason at any time Kulitzer sees reasonable. Entries that have been paid for, and are disabled and/or terminated at any time by Kulitzer do not get refunded.

Everyone can participate

All contents are open to all professionals, students and enthusiasts worldwide. Even employees of Kulitzer are eligible to participate.

Contest results

You agree that you will respect, accept, and comply to any result the jury of a contest decides on. You will accept any rank or position your entry has obtained as a result of the voting process. Kulitzer is not responsible for the results a contest’s jury has reached.

Kulitzer may use your content

Intellectual property rights will remain with the entry creator, although Kulitzer retains the rights to publish or display any contest entry content in any format, exhibition or publication, for the promotion of Kulitzer or otherwise. By uploading your material or entry content, you grant Kulitzer a world-wide, royalty free, and non-exclusive licence to reproduce, modify, adapt and publish such material or content and/or to incorporate it in other works in any form, media, or technology now known or later developed. When you remove or delete your uploaded content you agree that Kulitzer may still retain (but not necessarily display, distribute or perform) server copies of your content and that Kulitzer shall have no obligation to attempt to remove from distribution any of your content or entry material that is otherwise publicly available through the internet or other publicly accessible medium.

Respect intellectual property rights

Kulitzer exists to provide you with a platform to start or join creative contests and showcase your creativity. As such, we do not allow you to upload any content you did not make yourself or that you participated closely in to help create. Only enter content you contributed significantly to. Kulitzer respects the intellectual property of authors and creators and we ask our users to do the same. By agreeing to the Terms of Service you declare that you take all responsibility with regards to the copyrights or intellectual property of your entries and all uploaded content within them. Users who may be infringing on the intellectual property rights of others may see their user account disabled or terminated without notice and/or all their entries disabled or terminated without refund.

Infringement of your intellectual property rights

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email complaints@kulitzer.com with the following information:

• Your full name
• Your email address
• Your phone number
• Your full postal address
• A description and/ or evidence (direct URL) of the copyrighted work or IP content that you believe has been infringed
• Details about your ownership that demonstrate that you are the author and/or the copyright and IP owner
• A direct URL where you believe the infringement is occurring
• A description of how this infringes your copyright or IP content
• A statement of belief and ownership - that you are the copyright or IP owner or authorised to act on behalf of the owner of the copyright or IP

Please note we cannot investigate or process your complaint if you fail to provide all of the above information.

Waiver

By uploading or otherwise submitting material to entries and/or contests, you waive the right to make any claim against Kulitzer, Awardlab Ltd, or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the uploaded material or entry content, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights, so-called ‘droits moraux’ and any right of attribution you may have in any materials uploaded or sent to us by you.

You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize Kulitzer to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your uploaded material to enable inclusion and use of the uploaded material in the manner contemplated by this Terms of Service; and that you have any and all necessary written or implied consents, releases, and/or permissions of each and every identifiable individual person in your uploaded material or entry and/or contest content to use the name, picture and likeness of each and every such identifiable person to enable inclusion and use of the entry and/or contest content in the manner contemplated by these Terms of Service.

You acknowledge that by providing you with the ability to create and vote for user-generated content through Kulitzer (not limited to the website), Kulitzer is merely acting as passive conduit for the distribution of entry material and voting behaviour, and i snot undertaking any obligation or liability relating to the content or the user’s activities. Accordingly, Kulitzer does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content or behaviour. Kulitzer and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Kulitzer site for inappropriate content. You understand that by using Kulitzer, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Kulitzer be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted. emailed or otherwise transmitted on or via the Kulitzer site or its services. Kulitzer and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Kulitzer reserves the right to monitor some, all, or no areas of the Kulitzer site, emails, notices and comments for adherence to these or other rules that may be published from time to time, and block or remove any material, contests, entries, notices or comments that it determines to be abusive, defamatory, or obscene, fraudulent, deceptive, or misleading, in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or offensive or otherwise unacceptable to Kulitzer, in its sole discretion.

You understand and agree that Kulitzer shall not be liable 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 Kulitzer has been advised of the possibility of such damages - resulting from: the use or the inability to use the Kulitzer site or services; 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 services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the services or any other matter relating to the services or operation of the Kulitzer site. In no event shall Kulitzer’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Kulitzer site.

No failure or delay by Kulitzer in exercising any right or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any right or privilege under these Terms of Service. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

External links

Kulitzer services may contain, and other users may provide, advertisements for or links to the World Wide Web sites or resources. These sites and resources are not controlled by Kulitzer, and the mere existence of the link on the Kulitzer site does not imply an endorsement or sponsorship by Kulitzer. External Web sites and resources are not subject to these Terms of Service. You acknowledge and agree that Kulitzer is not responsible for the availability of such external sites or resources, and is not responsible or liable for any advertising, products, services or other materials on or available from such sites or resources.

Copyright

The Kulitzer name and logo(s) are the exclusive property of Awardlab Ltd or its affiliates. All other trademarks appearing on the Kulitzer site are trademarks of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any matter that is likely to cause confusion. You can not use any of our trade names, trademarks or service marks without our express prior written consent.