PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY.
ACCEPTANCE OF TERMS
The site which you linked from (the “Site”) provides a photo and video hosting/blogging service, amongst other things, to you (the “Service(s)”), subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice to you. Your use of the Service constitutes acceptance of these TOS and creates a binding legal agreement, so read them carefully. Please note, you must be 13 years or older to use this Service. Any reference to us, our, we or similar words shall refer to this Site and its affiliates thereto.
Unless otherwise indicated, all Site materials, including, without limitation, the Site logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site that originated from us — including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance — without the prior written permission of us is strictly prohibited.
The Site name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
USE OF CONTENT SUBMITTED BY YOU
You agree that any Content you upload, post, email, transmit or otherwise make available via the Service is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Service and our business (and any successor), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The submission of any materials to us irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Site.
You understand that all Content posted by Users, whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
POSSIBLE CONTENT REMOVAL
We retain the right, but not the obligation, to monitor and edit or remove any activity or Content that it deems in its sole discretion to be harmful to Users, us or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability, including without limitation the following:
LINKING TO OUR SITE
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray us or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing our name, trademark or product name without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any of our patent, trademark, copyright or proprietary rights or any third party. We make no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of web sites linking to this Site.
THIRD PARTY LINKS
We may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. We do not monitor, nor does it have any control over, any Third Party Content. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We make no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that the TOS no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that particular site. Users use these links and Third Party Content contained therein at their own risk.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent for notifications, Copyright Agent, SpinMedia, 276 Fifth Ave, 7th Floor, New York, NY 10001; 213-252-8999; email@example.com:
In the event that you are a registered user of the Site, you may terminate such registration by notifying the Site by sending e-mail to firstname.lastname@example.org. After receipt of your termination notice, we will terminate your account.
We may terminate your access to the Services or your registration at any time in the event of a breach of these TOS by User or anyone accessing the Services using registered User’s username. We, at our sole discretion, may also terminate these TOS at any time without cause, and may suspend access to the Service with or without notice, to any User.
User agrees to indemnify and hold us, our parents, friends, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Site, the violation of these TOS by User, or the infringement by User, or any other user of User’s account, of any intellectual property or other right of any person or entity.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
We reserve the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The TOS constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use our affiliate services, third-party content or third-party software. The TOS and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS AND COMMENTS
Please report any violations of the TOS or make any comments to email@example.com. 04-09-12