- Limitations. In connection with his or her use of the Application, you will not, and will not allow any third party to:
- a) Post or link to any material that contains :
- Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
- Obscene, defamatory, libelous, slanderous and/or unlawful content;
- Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
- Inflammatory religious content;
- Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
- Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
- b) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Application;
- c) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Application or any content contained therein;
- d) Use the Application in any manner that could damage, disable, overburden, or impair the Application, Agency, the applicable social networking site, or any other person or entity; or
- e) Collect any information (including usernames and/or email addresses) about other users of the Application; create or transmit unwanted electronic communications to other users of the Application; or otherwise interfere with such users’ enjoyment of the Application.
Unless otherwise expressly authorized in these TOU or on the Application, you may not take any action to interfere with the Application or any other user’s use of the Application. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Application without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Application.
You agree not to use the Application for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Application.
- User Content. By posting, connecting, or submitting any text, images, designs, video, sound, code, data, lists, information associated with your social network profile, or other materials or information (such user-submitted content, collectively, “User Content”) through or in connection with an Application, you grant to Agency, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You represent and warrant that: (a)You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Application; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Application.
You are solely responsible for the User Content that you post, store or upload through or in connection with the Application, including any material or information that you transmit to other users or post on Facebook or other social network. Agency does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Application; however, Agency reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Application at any time and for any reason without notice. Without limiting the foregoing, Agency may remove any User Content for any reason including content that in the sole judgment of Agency violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Agency does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
- Digital Millennium Copyright Act (“DMCA”) Notice. We are committed to complying with U.S. copyright and related laws, and we require all users of the Application to comply with these laws. Accordingly, you may not disseminate any material or content using the Application in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Application if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:
[Insert Email – Also confirm DMCA Agent Filing]
If you believe that content that you or a third party owns has been used via the Application in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Limitation on Liability; Disclaimers. THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE APPLICATION AT YOUR OWN RISK. AGENCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AGENCY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE APPLICATION. AGENCY DOES NOT WARRANT THAT THE APPLICATION OR APPLICATION CONTENT OR THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT AGENCY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. AGENCY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE APPLICATION. IN NO EVENT SHALL AGENCY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPLICATION, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE APPLICATION OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE APPLICATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE APPLICATION OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.
- Indemnity. You agree that you will defend , indemnify and hold harmless Agency, its parent, subsidiary and affiliated companies, including Wieden + Kennedy, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Application of violation of these TOU, including without limitation (i) all matters related to your access to and use of any Agency online services, including, without limitation, your use of the Application, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Application caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.
- Links to Other Sites. The Application may contain links to websites operated by or on behalf of Agency, and your use of all such websites are subject to the applicable policies of those websites. The Application, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. Agency does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Agency encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at is or her own risk.
- Termination. Agency reserves the right, at any time and in its sole discretion, to discontinue the use of the Application in whole or in part, and prevent any person or entity from access to the Application. Upon termination for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 10 (General), together with any licenses granted to Agency hereunder, will survive.
- General. The TOU and your use of the Application shall be governed by laws of the State of New York, without regard to its conflict of laws principles. Any action shall be exclusively brought in the state of New York and the parties hereby consents to such jurisdiction and venue. In no event shall any claim, action or proceeding by you related in any way to the Application be instituted more than one (1) year after the cause of action arose. You hereby waive your rights to trial by jury. Any claim hereunder shall first be submitted to arbitration under the AAA rules with one arbitrator. Such arbitration will be held in New York, NY and you may attend by phone if travel is an undue hardship on you. If the arbitrator decides that the fees associated with such arbitration impose undue hardship upon you, Agency shall pay your AAA arbitration administrative fees (but not attorney’s fees or other costs). You agree to bring all claims as an individual, resolving them on an individual basis, and not as a class or any other grouping of claims. If any provision of the TOU is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. The failure of Agency to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Agency’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.
Questions: Should you have any questions regarding these TOU you may contact us at info[at] js2comm.com