Date of Last Revision: Tue, Mar 10, 2009.
You understand that the Services are available for your personal, non-commercial, entertainment use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, when using the Services you agree:
You also agree to upload, post, transmit, share, store or otherwise make available on or through the Services:
In consideration of your use of the Services, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site or from the Services ("Registration Data"); (b) maintain the security of your password and identification for the Services; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
The Services contain (or you may be sent through the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software, or Content"). Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Applications, Software, or Content posted on, available through or installed from the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from the Services.
When you upload, author, create, publish, display, or transmit to or share with other users, or otherwise make available (collectively, "post") drawings, images, artwork, profiles, comments, messages, notes, text, information, photos, music, video, and all other content excluding Third Party Content (collectively, the "User Content"), to the Services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Services. By posting User Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, sell, modify, prepare derivative works of, incorporate into other works, copy, delete, publicly perform, publicly display, reformat, republish, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Services or the promotion thereof, and to grant and authorize sublicenses of the foregoing.
You agree that for all eligible users of the Services, the Company grants a license to your User Content for use on the Services, and additionally that your User Content will be licensed under a Creative Commons License permitting non-commercial sharing with attribution.
You are solely responsible for the Third Party Content and User Content, that you post on or through the Services. You understand and agree that the Company may, but is not obligated to, review the Services and may delete or remove (without notice) any content in its sole discretion, for any reason or no reason, including without limitation Third Party Content or User Content that in the sole judgment of the Company violates this Agreement, or which might be illegal, or that might violate the rights or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Third Party Content or User Content you post or store on the Services or provide to the Company.
The foregoing does not reduce, limit, or restrict any rights arising from fair use or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Services infringes upon any copyright that you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright:
You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on the Site or in connection with the Services, whether posted or caused by users of the Services, by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Services or in connection with any User Content or Third Party Applications, Software, or Content. The Services are for entertainment use only, including expressions of parody, humor, and all other legal exercises of speech protected by the First Amendment to the Constitution of the United States of America. By using the Services you accept that you may be exposed to content that may offend you. The Company is not responsible for the conduct, whether online or offline, of any user of the Services.
The Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Services or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Services. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Services, any User Content or Third Party Applications, Software, or Content posted on or through the Services or transmitted to Users, or any interactions between users of the Services, whether online or offline.
THE SERVICES AND ALL CONTENT ACCESSED ON THE SERVICES ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE FROM OR THROUGH THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software, and other items used or contained in the Services 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, or any affiliation therewith, by Company.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR THE SERVICE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THESE STATES, COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Services (or any portion, aspect, or feature of the Services) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.
The agreement shall be governed by the laws of the State of Minnesota. Any action or proceeding brought by the User or the Company against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Minnesota.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software, or Content you post or share on or through the Services, your use of the Services, your conduct in connection with the Services or with other users of the Services, the conduct of others using your user account with the Services, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.