Last Modified: February 2014
Use of the Website
You agree that you will use the Website and our services only for lawful purposes and in a lawful manner. While using the Website and our services, you agree that you will not:
register under a false name or use an invalid or unauthorized email or physical address;
use another's account without permission;
post a project on the Website for substantially the same design or written work that you are concurrently sourcing on another site;
use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Website;
impersonate another user or participate in projects under a false name;
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and grant us all of the license rights under this Agreement;
violate any laws, third party rights, or our rights;
manipulate in any form the system of selection of the finalists or winners of the competitions hosted herein;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the Website or using it for purposes unrelated to the Website);
transfer your account and User ID to another party without our consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm us, or the interests or property of our users;
copy, modify, or distribute content from the website in a way different from the authorized here, and/or our copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to us) from the Website without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (d) bypass any measures we may use to prevent or restrict access to the Website.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
In addition, you are responsible for:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights of the content of the Website
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal non-commercial use only, and for the purpose of developing proposals for any of the competitions hosted on the Website.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, or the use required for you to develop proposals for any of the competitions hosted on the Website, provided that you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text and/or directive contained in such material
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, the terms Cotel, Prodigy lab and Prodigy Network, any Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, personal web pages or profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted in this Agreement to us and our affiliates and service providers, and each of their and respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Intellectual Property Rights on the material submitted by users participating in the competitions hosted on the Website or other User Contributions:
Granting Rights of Use to Prodigy of the User Contributions:
The user undertakes, for a period of six months following submission of the idea, not to exploit this idea in other ways, or to cede or offer it to any third party. The user retains the right to use his own idea for the purpose of self-promotion, provided he observes the rights of third parties.
Prodigy points out explicitly that the participation in any competition and/or submission of ideas through the Website, does not give the user any right to use material that was not created by him. In particular, participation in the competitions does not give the user any right to use the logo or other materials belonging to the Company or to third parties.
A user placing an idea in a competition grants to Prodigy non-exclusive, transferable rights, royalty-free, without restriction on time, space or content, to use the idea, including associated creative works and any comments submitted therewith, to the extent required for the operation of the platform and the projects of the Company, and the right to reproduce, distribute, prepare derivative works of, display and/or perform the idea or any content related to the idea in the Website or in any media now or in the future.
In particular, the user grants to Prodigy the right to every comment and/or idea and the associated works on the platform for downloading by third parties and to make any copies necessary for this purpose. The user also grants to Prodigy the right to edit the works in question in order to present them more favorably on the Website or to use them in actual projects.
In addition, the user grants to Prodigy the right to make the comment and/or idea and the associated works publicly accessible for the purpose of presentation beyond the confines of the competition and the specific project, for example in the Prodigy newsletter or in its blog, and to edit them, in particular to create and present summaries or individual pictures of videos and texts, scaled-down versions of photographs (‘Thumbnails’), etc.
Furthermore, the user grants to Prodigy the non-exclusive right, without restriction on content, time or space, to use the ideas and associated works in any medium for the purpose of communicating and promoting the competition, the related project and/or ideas submitted to the project. To this end, Prodigy may reproduce the ideas and associated works, distribute, edit, rearrange them, make them publicly accessible, broadcast and publicly play them in other ways, whereby this includes, in particular, making them available or broadcasting them by transmitting the content to fixed or mobile terminal devices of other users as part of automated subscription services (push services) or download services (pull services). The parties to this Agreement consider the right of public reproduction also to include, in particular, the right to render the idea and associated works on the Website using methods to play back audio and video data that can be received and simultaneously played by users (streaming), including the possibility of configuring the stream in such a way that the broadcast data can be stored by the recipient.
In order to document the competition, the project and/or to promote the platform, Prodigy may in particular include the user’s idea, alone or together with the ideas of other users, in a catalog of ideas, which will be made available to the customer on conclusion of a project, and which it may reproduce as a different form of print publication and distribute (together as poster), where this serves as an appropriate form of publication for the platform, present at trade fairs (in particular in the form of banners, posters, video clips), make accessible as “best cases” on the platform, also in conjunction with other projects, or make generally publicly available, include in press releases or make available to third parties in the course of normal public relations work (for example for external press reports in journals).
In order to secure the greatest possible level of awareness and reach for the user’s ideas, the user additionally grants to Prodigy the right to publish the user’s rights, and/or to have them published, on the websites of external providers, to make the reproductions required for this and to transfer the individual works (i.e. the corresponding files) to the relevant third party, and/or to grant these providers technical access to the ideas for the above-mentioned purposes, including the right to reproduce the ideas for inclusion in their own websites. In order to achieve the aims mentioned in this sub-section, Prodigy may use commonly available technical methods (e.g. embedded functions). The user therefore consents to the relevant third-party provider accepting the works in question and also publishing them.
The user will receive no monetary recompense for granting the aforementioned rights of use to Prodigy. If the user is the winner of certain competitions hosted in this Website, the user will receive the prices publicly announced as enough consideration for Prodigy’s rights mentioned above, with no other document required for those rights to be valid and enforceable. If the user is not a winner, in return for being granted the rights, Prodigy presents the user’s idea on the platform and gives him the opportunity to sell his ideas to third parties and to participate with his ideas in Prodigy’s competitions. The parties regard this return service as appropriate compensation.
Within the scope of the competitions and the projects, the user may, where applicable, have the opportunity to subject his idea to open content licensing terms (such as Creative Commons licensing). Whether this is the case for the content in question (including the associated details), it will be specified in the relevant briefing.
Prodigy reserves the right to display third-party advertising in user profiles and to reserve advertising space on the profile pages for this purpose.
Notwithstanding the opportunity to present his own work samples and the associated self-advertising this provides, the user may not use the user profile to advertise his own commercial offering (in the form of price lists, etc.). Any advertising for third-party offerings is forbidden.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ITS AFFILIATED PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to the contact information available on firstname.lastname@example.org It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Updates to the content of the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Unless you otherwise tell us in writing, we will communicate with you by email (using the email you provided to us during the registration process, as amended by you) or by posting communications on the Website. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after we send it to the email address you have provided to us (unless the sender is notified that the email address is invalid), or when we posts such communication on the Website. You must keep your email address updated, and you must regularly check the Website for postings. We may also give you legal notice to the address provided during the registration process if any. In such case, notice shall be deemed given three days after the date of mailing. All notices to us intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
40 Wall Street, 31st Floor
The Trump Building
New York, NY 10005
Your Comments and Concerns
This website is operated by Prodigy Network LLC.
All notices of copyright infringement claims should be sent to the following email address: email@example.com
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org
Thank you for visiting the Website.