Terms and Conditions

Effective Date: August 15, 2016

Please Read These Terms And Conditions Carefully Before Using This Website. These Terms And Conditions Set Out The Provisions Of A Legally Binding Agreement Between You And Breakthrough Prize Foundation For Your Use Of This Website (as Defined Below). By Accessing, Browsing Or Otherwise Using This Website, As Applicable, You Acknowledge You Have Read, Understood And Agree To Be Bound By All Of These Terms And Conditions. If You Do Not Agree, You Must Cease Using This Website.

These Terms And Conditions Contain An Arbitration Agreement, Which Will, With Limited Exception, Require You To Submit Claims You Have Against Breakthrough Prize Foundation To Binding And Final Arbitration. Under The Arbitration Agreement, (1) You Will Only Be Permitted To Pursue Claims Against Breakthrough Prize Foundation On An Individual Basis, Not As A Plaintiff Or Class Member In Any Class Or Representative Action Or Proceeding, And (2) You Will Only Be Permitted To Seek Relief (including Monetary, Injunctive, And Declaratory Relief) On An Individual Basis.

  1. Definitions and interpretation
    In these Terms and Conditions, the following terms have the following meanings, unless the context otherwise requires:
    1. "Affiliate" means an entity affiliated with a person by ownership or common ownership or any subsidiary of such person.
    2. "Agreement" means:
      1. these Terms and Conditions
      2. any amendments subsequently made to these Terms and Conditions;
      3. any replacement or novation of this Agreement;
      4. Terms and Conditions incorporated into this Agreement by reference; and,
      5. any policies (including the Privacy Policy and any rules governing a Competition), terms, conditions, Competition Information, Competition Terms and Conditions, notices and disclaimers contained elsewhere on this Website or provided in connection with related services.
    3. "Competition" means any challenge or contest posted on this Website, however expressed. All Competitions are skill-based and not awarded as games of chance.
    4. "Competition Information" means all content provided in relation to a particular Competition, including the Competition Terms and Conditions, the Privacy Policy, any rules governing a Competition and other information available on this Website.
    5. "Competition Terms and Conditions" has the meaning given to that term in Clause 2.3.
    6. "Competitor" means in relation to any Competition posted on this Website, a person who submits or proposes to submit an Entry to the Competition.
    7. "Content" means any information, files, text, code, material, images, data, sounds, graphics, software, photos, designs, software downloads, goods, service documents, layouts, applet, CGI interfaces, descriptions, illustrations, catalogues advertisements, audio and video material or specifications contained in or referred to in this Website, obtained through this Website or available to be viewed by accessing any part of this Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format. Without limiting the foregoing, Content includes any Entry submitted through this Website.
    8. "Entry" means a submission by a Competitor in response to a Competition.
    9. "Entry Content" means any text, code, map, proposal, plan, materials, designs, documents, descriptions or specifications used, in whole or in part, directly or indirectly, in describing, drafting, developing, devising, calibrating, testing, evaluating, analyzing or generating an Entry, or which itself constitutes the whole or part of an Entry. The term Entry Content only pertains to electronic copies of an Entry – Entries may not consist of hard copies or content submitted in any other form.
    10. "Foundation" means Breakthrough Prize Foundation, a nonprofit organization that may be contacted c/o Jamie Hutchinson, 901 New York Avenue, NW, Washington, D.C. 20001.
    11. "Intellectual Property Rights" means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, or trademark rights, whether or not such rights are registered or capable of being registered.
    12. "Loss" means any direct, indirect, special, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including negligence), statute or otherwise and whether pecuniary or non-pecuniary. This includes, but is not limited to, loss of profits, legal costs, and defense or settlement costs.
    13. "Posting" means any addition, insertion, or uploading of content to this Website, as well as any submission or communication made through or via this Website. For the avoidance of doubt, this includes (in the case of a Competitor) all Entries and Entry Content posted by that Competitor.
    14. "Privacy Policy" means Foundation's privacy policies and notices posted on this Website, specific pages thereof, and/or provided by Foundation in connection with the Services.
    15. "Prize" means any reward or other form of recognition and/or benefit to Winner(s), set out in the Competition Terms and Conditions, including but not limited to post-secondary scholarships and/or other financial incentives to participate.
    16. "Services" means the services provided by Foundation on or via this Website and includes all Competitions.
    17. "Third Party Sites" means sites and resources located on servers maintained by others over whom Foundation has no control.
    18. "User" means any person who has registered a user account on this Website. The term User includes all Competitors.
    19. "User Account" means Your online account with Foundation which enables You to use this Website and includes Your username, password, rating or score, and feedback.
    20. "Website" means any web pages contained within this domain and any sub-domains and all underlying software and infrastructure which permits the holding of Competitions. Where the context permits, Website includes the Services provided on the Website.
    21. "Winner" means, in relation to any Competition, the Competitor with an Entry selected by Foundation as a winner of the Competition and recipient of any Prize. Competitors may withdraw their Entries from this selection by expressly informing Foundation of their decision within 48 hours after the close of the Competition. Subject to the Competition Terms and Conditions, there can be more than one Winner in a Competition.
    22. "You" the person using the Website, including a User.
  2. Agreement to be bound
    1. Use of this Website is subject to all terms and conditions of this Agreement. As a condition of being permitted to use this Website, you agree to be bound by this Agreement and any subsequent amendments to this Agreement, as set forth below.
    2. Foundation reserves the right to modify this Agreement at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of any modification to this Agreement; provided however, that Foundation will notify You electronically of any modifications that materially limit Your rights and/or expand Your obligations hereunder (“Material Modifications”). Such Material Modifications will take effect on the earlier of the date You indicate Your assent (in accordance with the instructions set forth in the applicable notice) or seven calendar days after Foundation's notice. Foundation will make a good faith effort to provide as much advance notification of any Material Modification as possible. No modification of this Agreement will apply to any dispute between You and Foundation that arose prior to the effective date of such modification. If at any time You disagree with this Agreement or any modifications thereof, You may terminate this Agreement and, in such case, shall immediately cease all use of this Website. Any new or different terms supplied by You are deemed rejected by Foundation unless Foundation agrees to them in a signed writing specifically including those new or different terms.
    3. Particular Competitions may be subject to additional terms and conditions ("Competition Terms and Conditions"). Competition Terms and Conditions will apply in addition to this Agreement and will not limit this Agreement in any way unless Foundation notifies the parties to a Competition that this Agreement is amended by the Competition Terms and Conditions. If Foundation does not provide such notification to the parties, this Agreement will prevail in the event of any inconsistency between it and the Competition Terms and Conditions.
    4. You agree that Competitions hosted on this Website are skill-based and not games of chance.
  3. Participation
    1. In order to participate as a Competitor in any Competition, You must register as a User. Registration on this Website and participation in any Competition is free. Users must be at least 13 years old (at the time of their registration) to participate in any Competition, and no User over the age of 18 (at the time of the deadline for Entries) may participate.
    2. Participation is available to persons who are able to form legally binding contracts under applicable law. Where a minor is identified as a potential Winner, a parent or guardian must consent to this Agreement, including any specific terms governing the receipt of any Prize. If You do not accept this Agreement, You will not be permitted to participate in any Competition, and you are prohibited from access or use of the Website in any way.
    3. Without limiting Clause 3.2 above, participation is not available to:
      1. Persons whose participation has been permanently terminated under Clause 4 below; or
      2. Persons who are or reside in countries that are prohibited by law, regulation (including United States or other applicable export laws and regulations), treaty or administrative act from entering into trade relations (including export of technology) with the United States or its citizens. For a list of prohibited countries, please see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.
    4. When registering as a User, You warrant to Foundation that You are registering as a User on Your own behalf and in Your own name (and not on behalf of and/or in the name of another person or entity).
    5. No individual may register more than once (for example, by using a different username/email).
    6. Acceptance of registration is at the sole discretion of Foundation. Foundation may refuse to accept the registration for any reason.
    7. You are responsible for all use of this Website made using Your User Account (and/or username/email or password). You agree to notify Foundation immediately if You become aware of any unauthorized use of Your User Account.
    8. Your User Account is personal to You and may not be sold, assigned or transferred to a third party. If You attempt to sell, assign or transfer Your User Account to a third party, Foundation may suspend or terminate Your participation at its sole discretion.
    9. Foundation may communicate with You through the username/email that You provide at registration. You agree to notify Foundation within a reasonable time if there are any changes to Your contact information. If You fail to notify Foundation of any changes to Your contact information, You agree to waive any objection, claim, defense, or recourse that You might have had as a consequence of Foundation failing to communicate with You. If You change Your email address and fail to notify Foundation of the change, Foundation will be deemed to have communicated with You on the date on which it communicated with the email address most recently provided by You.
    10. You warrant that any Content provided or posted by You (upon registration or otherwise):
      1. is not false, inaccurate, misleading or fraudulent;
      2. does not infringe any third party's Intellectual Property Rights or other rights arising at law or otherwise;
      3. is not obscene, defamatory, libelous, threatening or harassing;
      4. does not violate any applicable law;
      5. does not contain or describe pornography and is not otherwise harmful to persons under the age of 18 years; and,
      6. will not create liability for Foundation or cause Foundation to lose the services of any internet service providers or other suppliers (in whole or in part) or create any liability thereafter.
    11. Foundation may remove any Content in its sole discretion and/or take any other steps as it deems necessary to protect itself or third parties against any Loss.
  4. Terminating Your Participation
    1. Subject to Clause 4.2, You may terminate Your participation (including Your User Account) at any time and without cause by notifying Foundation through this Website.
    2. If You terminate Your participation, this Agreement and any other applicable terms and conditions will continue to apply to any Postings made by You prior to giving the notice described in Clause 4.1 above.
    3. Foundation may, in its absolute discretion, terminate or suspend Your participation at any time and without notice. For example, Foundation may choose to terminate or suspend Your participation, if it believes that:
      1. You have breached this Agreement or any other applicable terms and conditions;
      2. You have acted in a way which is unlawful, or which may create liability for You, Foundation, any Users, the internet service providers, or any other suppliers;
      3. Foundation is unable to verify any information provided by You; or,
      4. Other Users give negative feedback about You, which Foundation determines in its absolute discretion is worthy of termination.
    4. If Foundation suspends Your participation, any Entry, Entry Content or other Postings submitted or made by You will be suspended for the period in which Your participation is suspended.
    5. If Your participation is terminated, either by You or by Foundation:
      1. You are no longer authorized to access this Website;
      2. Foundation may, at its sole discretion, immediately withdraw any Postings submitted or made by You and/or any Entries You have submitted, which will have no force and effect from the date on which Your participation was terminated; and
      3. All restrictions imposed on You, licenses granted by You, and all indemnities, disclaimers and limitations of liability set out in this Agreement, including Clauses 7 (Limitation of Liability) and 8 (Indemnities), will survive, along with Clauses 10 (Intellectual Property), 12 (Arbitration), and 14 (Miscellaneous).
  5. Use of this Website
    1. You must not use the Website to facilitate or participate in any illegal activity or engage in any activity which Foundation, in its absolute discretion, considers inappropriate. Foundation reserves the right to terminate or restrict Your access to this Website immediately and indefinitely if it suspects that You are engaging in any such behavior or are in breach of any terms of this Agreement. You agree that You will only use Your User Account and this Website for the purposes of using the Services and for no other purpose. Without limiting the foregoing, in using Your User Account and accessing the Website, You agree not to:
      1. use Your User Account in a fraudulent or illegal manner, or email or otherwise send any materials from Your User Account which are offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
      2. use Your User Account to stalk or harass another person;
      3. use Your User Account to impersonate any person in any way whatsoever;
      4. use Your User Account to infringe the copyright, trademark, patent, or other Intellectual Property Rights of any person or entity;
      5. use Your User Account to send advertising, chain letters, junk mail, spam, or any other type of unsolicited electronic communications;
      6. use Your User Account to send or distribute any Content of any kind which contains a virus, spyware, malware, or other harmful, disruptive, or destructive component;
      7. intentionally or negligently use Your User Account in a way that degrades performance of this Website to other persons;
      8. manipulate, or attempt to manipulate, any Competition;
      9. use Your User Account or any mechanism, software or other scripts in relation to the Website, which could disrupt or interfere with the Website or any servers, software, hardware, or equipment connected to or via the website;
      10. restrict or inhibit any other User from using or enjoying the Website;
      11. distribute any pornographic, extremist, or racist material, or any material which might otherwise be harmful to persons under the age of 18 years; or
      12. violate any applicable law relating to Your use of the website.
  6. Terms specific to Competitor
    1. If You are registered as a Competitor, You agree and further acknowledge and agree that:
      1. in making an Entry, to be bound by this Agreement and all Competition Information (including the Competition Terms and Conditions) relating to the Competition;
      2. any leader board appearing in connection with a Competition is indicative only and makes no representations and creates no entitlements in relation to any Prize;
      3. Foundation is not responsible for any Postings provided by other Users or for the accuracy of Content provided by other Users;
      4. in the event that You have any dispute with another User, You release Foundation from all claims of any kind arising from that dispute;
      5. You will not initiate contact with Foundation for the purpose of circumventing any Competition; and,
      6. An Entry will be deemed to have been accepted at the time that it is received by Foundation. You agree that the Foundation is not responsible for any Entry not being received due to technical reasons or otherwise.
  7. Limitation of liability
    1. This Website And Services, And All Content Associated Therewith, Are Provided "as Is" And "as Available" With All Faults And Without Warranty Of Any Kind. To The Fullest Extent Permissible Pursuant To Applicable Law, Foundation, Its Founders And Affiliates, And Each Of Their Respective Owners, Directors, Officers, Employees, Agents, Affiliates, Licensors And Suppliers Expressly Disclaim Any Warranties, Express, Implied, Statutory, Or Otherwise, Including Warranties Of Merchantability, Fitness For Any Particular Purpose, And Non-infringement. Neither Foundation Nor Its Founders And Affiliates Warrant That This Website And Related Services And The Content Provided Through It, Including The Entries And Associated Entry Content, To Be Available, Accurate, Useful, Or Free Of Errors, Viruses, Or Other Harmful Components. You Are Solely Responsible For Any Damage To Your Equipment, Software, Loss Of Data, Or Other Harm That Results From Your Use Of This Website (including The Services).
    2. Under No Circumstances Will Foundation, Its Founders And Affiliates, Or Any Of Their Respective Owners, Directors, Officers, Employees, Agents, Affiliates, Licensors Or Suppliers Be Liable For Any Special, Indirect, Incidental, Consequential, Punitive, Or Exemplary Damages Arising Or Related To This Website, Including Loss Of Profits, Loss Of Data (including Any Loss Arising From The Foundation’s Removal Of Content), Loss Of Business Or Anticipated Savings, Even If Foundation Or Any Authorized Representative Has Been Advised Of The Possibility Of Such Damages. These Limitations Will Apply Notwithstanding Any Failure Of Essential Purpose Of Any Limited Remedy. Without limiting the generality of the foregoing, You agree that Foundation is not responsible for any Loss arising out of, or in any way connected with:
      1. delay or inability to access or use this Website;
      2. reliance on any Competition Information or other Content;
      3. the transmission of any computer virus, however occurring;
      4. any unauthorized access to, modification or alteration of Content;
      5. any Content sent or received or not sent or received;
      6. any transaction entered into through this Website;
      7. any infringement of rights, including Intellectual Property Rights;v
      8. any threatening, defamatory, obscene, offensive, harmful, inappropriate or illegal Content or conduct of any party;
      9. any Content sent by any third party using and/or included in this Website;
      10. termination of Your participation; or
      11. any delays, interruptions, inaccuracies, errors, omissions or cessation of services.
    3. For the avoidance of doubt, You acknowledge that Foundation is not a publisher under Section 230 of the Communications Decency Act of 1996, and therefore not responsible for any of the Users' Postings. If, notwithstanding the provisions of this Clause 7.3, a court of competent jurisdiction holds Foundation liable in respect of any matters arising under or incidental to this Agreement, Foundation's Total Liability To You For All Damages, Losses, And Causes Of Action Arising Out Of Or Relating To This Agreement Or Your Use Of This Website Or Related Services (whether In Contract, Tort Including Negligence, Warranty, Or Otherwise) Will In No Event Exceed The Amount Paid By You For Using This Website During The 12 Months Preceding Your Claim, Or, If No Amount Was Paid, Such Liability Will Be Limited To $100.
    4. You agree that Foundation and its third party providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in Foundation complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
      1. fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or industrial strike;
      2. telecommunications failure, hardware failure or software failure;
      3. the failure of any third party to fulfill any obligations to Foundation; or
      4. any other circumstance or event which is or is not within the reasonable control of Foundation.
  8. Indemnity
    1. You agree to defend, indemnify and hold Foundation, its owners, officers, employees, agents and suppliers, harmless from all claims and Losses (including legal fees) due to or arising out of or in connection with Your Postings, Competition, Competition Information, and other Content (as applicable), Your use of this Website, or Your breach of this Agreement.
  9. Access to the Website outside of the United States
    1. The Foundation does not represent or warrant that the content on this Website complies with the laws of any country outside of the United States. If You access this Website from outside the United States, You do so at Your own risk.
  10. Intellectual property
    1. You acknowledge that, as between the parties, Foundation is the owner of all Intellectual Property Rights in and to this Website (excluding Postings). You acknowledge that You have no Intellectual Property Rights in or to this Website except as set forth in the Competition Terms and Conditions.
    2. You acknowledge that all text, graphics, user interfaces, photographs, trademarks, logos and artwork, including the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, provided by Foundation or its licensors on this Website is owned or licensed by or to Foundation and is protected by applicable copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. No such Content can be copied, publicly displayed, modified, sold, licensed or distributed in any way by You without such owner's prior written consent.
  11. Third party sites
    1. From time to time, Foundation may provide, or any Content may contain, links to Third Party Sites and resources (e.g., www.youtube.com). You acknowledge that:
      1. Foundation has no control over Third Party Sites and resources;
      2. Foundation is not responsible for the availability of such external sites or resources; and
      3. Foundation does not endorse and is not responsible for any content, advertising, products, services or other materials on or available from such sites or resources.
    2. You acknowledge and agree that Foundation will not be responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with Your use of or reliance on any Content or material available on or through any Third Party Sites or resource.
  12. Arbitration Agreement; Dispute Resolution By Binding Arbitration
    Please Read This Section Carefully As It Affects Your Rights.
    1. Agreement to Arbitrate: This Section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Foundation, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Foundation are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    2. Prohibition Of Class And Representative Actions And Non-individualized Relief: You And Foundation Agree That Each Of Us May Bring Claims Against The Other Only On An Individual Basis And Not As A Plaintiff Or Class Member In Any Purported Class Or Representative Action Or Proceeding. Unless Both You And Foundation Agree Otherwise, The Arbitrator May Not Consolidate Or Join More Than One Person’s Or Party’s Claims And May Not Otherwise Preside Over Any Form Of A Consolidated, Representative, Or Class Proceeding. Also, The Arbitrator May Award Relief (including Monetary, Injunctive, And Declaratory Relief) Only In Favor Of The Individual Party Seeking Relief And Only To The Extent Necessary To Provide Relief Necessitated By That Party’s Individual Claim(s).
    3. Pre-Arbitration Dispute Resolution: Foundation is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing Foundation’s support team at [info@breakthroughjuniorchallenge.org]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Foundation should be sent to Breakthrough Prize Foundation, c/o 901 New York Avenue, NW, Washington, D.C. 20001 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Foundation and You do not resolve the claim within sixty (60) calendar days after the Notice is received, You or Foundation may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Foundation or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Foundation is entitled.
    4. Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these RULES as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and Conditions and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
    5. Unless Foundation and You agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If Your claim is for $10,000 or less, Foundation agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
    6. Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
    7. Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    8. Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms and Conditions will continue to apply.
  13. Digital Millennium Copyright Act
    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Foundation's copyright agent (the "Copyright Agent") with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. 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;
      3. 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;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. 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
      6. 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.
    2. Foundation's designated Copyright Agent to receive notifications of claimed infringement is JHutchinson@goodwinlaw.com. You may also contact the Copyright Agent by mail or facsimile:
      James Hutchinson
      901 New York Avenue, N.W.
      Washington, DC 20001-4432
      (202) 204-7247
      You acknowledge that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid.
    3. If you believe that your Content 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 material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
      1. Your physical or electronic signature;
      2. 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;
      3. 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
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    4. If a counter-notice is received by the Copyright Agent, Foundation 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 Foundation's sole discretion.
  14. Miscellaneous
    1. The Agreement is the entire agreement between You and Foundation relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between You and Foundation with respect to said subject matter. This Agreement shall not be modified except in a writing signed by both parties, or by a change made as provided in Clause 2.2. If any provision of this Agreement is invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of this Agreement, which is severable from said provision and will remain in full force and effect.
    2. If You breach any provision of this Agreement and Foundation has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against You will not constitute a waiver of its legal rights. Any waiver of rights under this Agreement must be in writing and signed by Foundation.
    3. All matters relating to this Website and this Agreement are governed by and are to be construed according to the laws applicable in the state of California, United States (without regard to any rules governing choice of law). If one or more of the exceptions from arbitration expressly set forth in Section 12 above apply, You agree unconditionally to submit to the exclusive jurisdiction of the courts in the state of California, in relation to all matters arising out of or in any way connected with this Agreement or this Website.
    4. Foundation may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer Your rights or obligations under this Agreement without the prior written consent of Foundation. Any assignment attempted in violation of this Clause 14.4 shall be void.
    5. The parties agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
    6. Unless otherwise requested in writing by You, Foundation may refer to You and any related corporate identity (if applicable) as part of promoting this Website and Foundation in the marketplace. Where lawful, You may be required to complete and execute a Publicity Release in connection with Your participation in a Competition.
    7. Foundation accepts content uploaded from Users in good faith and on the basis of warranties provided by Users. It is Your responsibility at all times to investigate and become satisfied as to the accuracy of the information provided by any other party (including all Users) on this Website. Foundation at no time makes any representations as to the accuracy of any information provided on this Website.
    8. You acknowledge and agree that to the extent that this Agreement relates to a Competition, a prospective Competition or any Posting, this Agreement is intended also to be for the benefit of the Competitors and other Users, who are entitled to enforce the provisions of this Agreement against You.
    9. All notices, requests, demands, consents, approvals, offers, agreements or other communications given by You to Foundation must be emailed to Foundation at meyer@breakthroughprize.org.