Welcome to PotatoChipChallenge.com, one of the families of informational, educational and entertainment-oriented websites brought to you by Whatergy, Inc. ("Whatergy"). Please read this Visitor Agreement. By accepting this Agreement or using this website, you accept its terms.
This Visitor Agreement applies to all of the websites where it is posted; and to all matters related to the Potato Chip Challenge and to Whatergy, Inc.
The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By accepting this Agreement and continuing to use any of the Whatergy Sites after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the Whatergy Sites, or any portion of the Whatergy Sites or the Project, at any time. Whatergy respects the privacy of our users. Please take a few minutes to review our Privacy Policy.
If you have agreed to the terms of this Agreement but wish to disagree with any material you find on the Whatergy Sites, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate; by contacting our representatives at 1-86-MOLECULE (1-866-653-2853) or emailing us at .
The material that appears on the Whatergy Sites is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Whatergy Sites, you should independently confirm any facts that are important to your decision. Whatergy and its information providers make no representation or warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Whatergy Sites. Whatergy is not responsible for, and cannot guarantee or warrantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement or any representation of that site (nor of any product, service or other material offered on that site) by Whatergy or its licensors or sponsors etc. Please note that Whatergy does not guarantee or represent the accuracy of the items on the site and will take no responsibility for same or for any dispute.
USER-GENERATED VIDEO
In submitting user-generated video to the Whatergy Sites, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Whatergy, Inc. ("Whatergy") and Whatergy's affiliates including, without limitation, Whatergy's joint venture partners, customers, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "Whatergy Parties") a non-exclusive, perpetual, royalty-free, fully paid-up license, to use or make use of and distribute, for profit or otherwise, your user-generated video submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Video Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Whatergy Parties may or may not earn or generate through its use of your Video Submission. In light of this Agreement, please do not include any information which you would desire to remain private.
Whatergy Parties' Right to Use Your Video Submission.
You grant the Whatergy Parties the non-exclusive right to edit, in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including, without limitation, television, home video/DVD products, and mobile services) of the Whatergy Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the Whatergy Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Video Submission for the Whatergy Parties' Use.
You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Whatergy Parties' use and distribution of your Video Submission hereunder, including, without limitation, those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the "Elements"). You represent and warrant that no further permissions or fees are due for the Whatergy Parties' use and distribution of your Video Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video Submission are true and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any third party; nor any State, Law or Government regulation.
Waiver of Right of Approval.
You hereby waive any right of inspection or approval of your Video Submission as used and distributed by the Whatergy Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification.
You acknowledge that the Whatergy Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless, including reasonable Attorneys' fees and costs, the Whatergy Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein as well as the content thereof.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
Whatergy wants to encourage an open exchange of information and ideas through the Whatergy Sites. But we cannot and do not review every posting made on Whatergy's community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Whatergy. We do not represent, endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, any other person, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on Whatergy's community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Whatergy Sites lies with each user -- you alone are responsible for material you post. Whatergy does not control the messages, information or other content that you or others may provide through the Whatergy Sites. You may use the Whatergy Sites for lawful purposes only.
By agreeing to these terms and using the Whatergy Sites, you agree not to submit, post or transmit, through the Whatergy Sites, any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the Whatergy Sites, any other site or any account, computer system, or network connected to the Whatergy Sites, by means such as hacking, password mining or other illegal, illicit or inappropriate means;
- Is unlawful, inappropriate, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals, or anyone else, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or other such purpose;
- Collects, for marketing purposes, any email addresses or other information, personal or otherwise, that has been posted by other users of the Whatergy Sites;
- Impersonates any person, business or entity, including Whatergy and its employees and agents, or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including Whatergy;
- Contains an advertisement or solicitation or encourages others to make a donation or other payment;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or other inappropriate behavior or that gives rise to civil liability or that otherwise encourages others to commit illegal or wrongful activities or cause injury or property damage to any other person or entity;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account, any features of the Whatergy Sites that may require registration;
- Results in a single message being posted to more than five areas of any Whatergy Site; results in any message being posted to any area of the Whatergy Sites if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
- Violates these Terms of Use, guidelines or any policy posted on the Whatergy Sites, or interferes with the use of the Whatergy Sites by others.
Although Whatergy cannot monitor all content on Whatergy's community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand and agree that Whatergy shall have the right, but not the obligation, to monitor the content of the Whatergy Sites to determine compliance with this Visitor Agreement and any other operating rules that may be established by Whatergy from time to time. Whatergy shall have the right, in its sole and non-reviewable and final discretion, for any reason or no reason, to edit, change, move, delete, or refuse to post any material, including, but not limited to, Video Submissions, submitted to or posted on the Whatergy Sites for any reason or no reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material, in our opinion, is objectionable or stale. Notwithstanding this right of ours, users, not Whatergy, shall remain solely responsible for the content of their messages and Video Submissions. You acknowledge and agree that neither Whatergy, nor any of its affiliates, shall assume or have any liability for any action or inaction by Whatergy with respect to any conduct within the Whatergy Sites or any communication or posting on the Whatergy Sites. Whatergy also reserves the right to disclose any information that Whatergy believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
You represent and warrant that you will not violate anyone's copyright, trademark or other intellectual property rights or other rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Whatergy Sites, you are warranting and representing that you own and have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all rights including, without limitation, moral and sentimental rights, in any material that you submit to us or post, have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to civil and/or criminal legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS
With the exception of any and all Video Submissions (Whatergy's permitted use of which is discussed above) and any material posted on Whatergy's community and social media sites, all other material you submit, or otherwise, including, without limitation, to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, immediately upon submission, becomes the property of Whatergy, without cost to Whatergy, and as owners, may reproduce, modify and distribute as we see fit, in any medium, for any purpose, without cost to Whatergy, and in perpetuity. Further, you understand that by posting material on Whatergy's community and social media sites, you are granting to Whatergy, and to anyone authorized by Whatergy, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Whatergy's community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights or concepts in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Whatergy, and anyone authorized by Whatergy, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Whatergy deems appropriate and you agree to execute, without cost to Whatergy, any document, to confirm or verify the ownership by Whatergy. Please also note the last paragraph in the "COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS" section above. Click here for the terms and conditions that govern the submission of user-generated video to the Whatergy Sites.
You agree that the materials available or present, in and through the Whatergy Sites, are the property of Whatergy, and are protected by copyright, trademark and other intellectual property laws. You shall not display or print for your personal, non-commercial use, or otherwise, information you receive through the Whatergy Sites, and you may not otherwise reproduce any of the materials without the prior written consent of the owner; which consent may be withheld for any reason or for no reason. You are free to distribute to your students, for non-commercial use, information you receive through the Whatergy Sites; which Whatergy authorizes you to distribute, but you may not otherwise distribute copies of materials found on the Whatergy Sites in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Whatergy Sites, and to tell them how to find it.
AGE POLICY
ATTENTION: If you are under age 13, the federal government does not allow us to accept personal contact information from you. If you are under 13 years, you must be using a group email for this Project and not a personal email address. We have contacted the Fair Trade Commission and have requested a way to allow Students, under the age of 13, to register but we have not yet received an affirmative response.
Feel free to be creative with your group name. Because of privacy laws, no person under 13 years old may post an email or certain other information. If you are under 13 years old, please have someone over the age of 13 years enter their information. Please do not enter your real name or personal email address; use an email address that the group can share, or use a parent or teacher's email address instead. We trust you and assume that none of the information entered into this page violates COPPA or any other federal laws. You will notify Whatergy if you are aware that a law or regulation is being violated. For more details, please see the FTC Website.
Whatergy, Inc., in all events, reserves that right, in its sole and non-reviewable and final discretion, to eliminate, withdraw or not use, any information or item provided.
- In all events, the judgment of Whatergy shall not be reviewable or contested. By agreeing to these terms, you consent to follow the judgment of Whatergy.
- By signifying your agreement below, you represent and warrant that you have read and understood the entire Agreement and all of its terms and you have the authority (legal and otherwise) to enter into this Agreement without the consent or permission of any other person or entity; or that you have already obtained such consent.
LINKING
We welcome links to the Whatergy Sites. You are usually free to establish a hypertext link to any of the Whatergy Sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the Whatergy Sites or by Whatergy. Whatergy reserves the right to disapprove the link if it determines that the link is inappropriate and you agree to remove the link upon notification by Whatergy or Whatergy may remove it. However, you should check the copyright notice on the page to which you wish to link, to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Whatergy Sites. Whatergy takes no responsibility for linking.
NO SOLICITING
You agree not to use the Whatergy Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express prior written approval.
NO SPAMMING OR SPIMMING
From time to time, users post their email addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these email addresses for any purposes, including, without limitation, sending unsolicited or unrequested email or instant messages.
NO FRAMING
Without the prior written permission of Whatergy, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Whatergy Sites, or incorporate any intellectual property of the Whatergy Sites, Whatergy, or any of their licensors into another website or other service.
TRADEMARKS
We don't want anyone to be confused as to which materials and services are provided by Whatergy and which are not. You do not own and may not use, or be part of the use by another of, any trademark or service mark appearing on the Whatergy Sites, or other Whatergy property, without Whatergy's prior written consent.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make the Whatergy Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking, or that everything will always be correct. Please read this Disclaimer carefully before using any of the Whatergy Sites.
YOU AGREE THAT YOUR USE OF THE WHATERGY SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WHATERGY SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION OR ISSUES, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. YOU AGREE NOT TO RELY ON THE WHATERGY SITE OR INFORMATION AND IF YOU RELY ON ANY WHATERGY SITE OR ANY MATERIAL AVAILABLE THROUGH THE WHATERGY SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WHATERGY SITES; OR ANY OTHER DAMAGE CAUSED BY YOUR USE, WHATERGY HAS NO RESPONSIBILITY WHATSOEVER.
THE WHATERGY SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE WHATERGY SITES, WHATERGY, INC. AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS, AND ALL OTHER PERSONS OR ENTITIES AFFILIATED WITH THEM, CANNOT AND DO NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR USE, OF THE INFORMATION AVAILABLE THROUGH THE WHATERGY SITES, NOR DO THEY REPRESENT OR GUARANTEE THAT THE WHATERGY SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE WHATERGY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE WHATERGY SITES, WHATERGY, INC. OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS, OR ANY OTHER PERSON OR ENTITY AFFILIATED WITH ANY OF THEM, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE WHATERGY SITES, AND/OR INFORMATION, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE WHATERGY SITES, WHATERGY, INC. AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS, OR ANY PERSON OR ENTITY AFFILIATED WITH THEM, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE WHATERGY SITES, WHATERGY, INC. AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS, OR ANY PERSON OR ENTITY AFFILIATED WITH THEM, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WHATERGY SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO WHATERGY, INC. FOR THE USE OF THE WHATERGY SITES.
MISCELLANEOUS
The Whatergy staff works hard to try to ensure that information we post to the Whatergy Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don't go back and change the original report to reflect new developments. If you're looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you're not looking at an out-of-date report.
To obtain access to certain services on the Whatergy Sites, you may be given an opportunity to register with the Whatergy Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to: (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Whatergy considers to be offensive. Whatergy reserves the right to reject or terminate any user name or password, or any other material or information, that, in its sole, non-reviewable and final judgment, it deems offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and will notify Whatergy of any known or suspected unauthorized use of your account; even though Whatergy is not responsible to it. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Whatergy immediately and delete your account. Whatergy reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. You must be at least 13 years old to register on PotatoChipChallenge.com. Please inform Whatergy if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives at 1-86-MOLECULE (1-866-653-2853) or updating your account on PotatoChipChallenge.com. Click here to view our privacy policy.
You agree to indemnify, defend and hold harmless Whatergy, Inc., its affiliates, and their officers, directors, employees, agents, licensors and suppliers, and any other person or entity affiliated with them, from and against any and all losses, expenses, damages and costs (including reasonable Attorneys' fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Whatergy Site using your account.
This Visitor Agreement has been made in and shall be construed in accordance with the Laws of the State of New Jersey. By using the Whatergy Sites, you consent to the exclusive jurisdiction of the State court located in Bergen County, New Jersey, in all disputes arising out of or relating to this Visitor Agreement.
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.