The Wall enables users to view and upload content, material and information (including, without limitation, photos, video, text, graphics, etc.). The Wall is owned and operated by ScreenSpaces, Inc. (“ScreenSpaces”) and is licensed to the Company. This Agreement sets forth the legally binding terms and conditions for your use of the Wall, other features, content, software, products or applications offered from time to time by ScreenSpaces in connection therewith, if any (collectively, the “Service”). By using the Service in any manner, including but not limited to visiting or browsing the Wall, you agree to be bound by this Agreement. This Agreement applies to all users of the Service.
Material posted here, even if posted by a representative of ScreenSpaces or Company, does not represent the opinions of ScreenSpaces or Company. ScreenSpaces and Company have not investigated and do not endorse or take responsibility for the accuracy of information, opinions, claims or advice shared here by Company's fans. Any text, graphics, images, and other material are for informational purposes only and are not intended to be a substitute for professional advice. Reliance on any information appearing on the Wall is solely at your own risk.
1. Acceptance of Terms.
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are (i) at least 18 years old or (ii) if you are between the ages of 13 and 18, you have parental permission to enter into this Agreement and to use the Service; that all registration information you submit is accurate and truthful; and that your use of the Service does not violate any applicable law or regulation. ScreenSpaces or the Company may, in their respective sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
4. Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
(ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
(iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
(iv) involves commercial activities and/or sales without ScreenSpaces's or the Company's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(v) contains software viruses or any other computer codes, files, or programs that are designed, intended to, or actually disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ScreenSpaces, the Company or any third party; or
(vi) impersonates any person or entity, including any employee or representative of ScreenSpaces or the Company.
Additionally, you shall not:
(i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
(ii) bypass any measures the Company or ScreenSpaces may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or
(iii) run Maillist, Listserv, any form of auto-responder or spam on the Service.
Each of ScreenSpaces and the Company reserve the right to refuse registration of, or cancel a User ID in its sole and absolute discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user's account without such other user's express permission. You will immediately notify ScreenSpaces and the Company via email of any unauthorized use of your account, or other account related security breach of which you are aware by sending an email to firstname.lastname@example.org.
6. Termination and Survival.
ScreenSpaces or the Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service.
7. Third Party Sites.
8. Intellectual Property.
The content on the Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by, legally obtained by, or licensed to ScreenSpaces or the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of ScreenSpaces or the Company, as necessary, or the respective owners. Each of ScreenSpaces and the Company reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You may not modify, reverse engineer, disassemble, decompile or otherwise attempt to access or determine the source code of the Service, or copy or reproduce the Service in any way in whole or in part or create any derivative work based on the Service. The Service is copyrighted and any unauthorized use of it is prohibited. If you breach any of these terms, this Agreement will automatically terminate without notice to you and your ability to use the Service will immediately terminate.
To the extent applicable, you must retain all patent, copyright notices and other proprietary legends in or on the Service and you may not remove from the Service, or alter, any of ScreenSpaces's or the Company's trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Service.
9. User Submissions.
The Service may now or in the future permit the submission of text, data, information, text, music, sound, photos, video, graphics, or other content by you and other third parties (collectively, the “User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, neither ScreenSpaces nor the Company guarantees any confidentiality with respect to any such User Submissions.
As part of the Service, the Wall may be embedded in third party websites owned or controlled by a viewer of the Wall. To the extent the Wall, or any portion of the Wall is embedded in such a manner, you hereby acknowledge and agree that you will remain responsible for the consequences of the posting, publishing or distributing of your User Submissions posted on the Wall on such third party website.
You further agree that by posting, publishing or distributing any User Submission through the Service, you hereby opt in to receive email communications from each of the Company and ScreenSpaces. You will always have the right to opt out of future email communications from either the Company or ScreenSpaces.
10. Copyright Complaint Policy-Infringement Notification.
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit ScreenSpaces or the Company to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
ScreenSpaces's designated Copyright Agent to receive notifications of claimed infringement is: ScreenSpaces, Inc, 5950 Canoga Ave. #510, Woodland Hills, CA 91367 Attn: Legal. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You understand that when using the Service, you may be exposed to User Submissions from a variety of sources, and that neither ScreenSpaces nor the Company is responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ScreenSpaces or the Company with respect thereto, and agree to indemnify and hold each of ScreenSpaces and the Company, their respective officers, directors, employees, agents, suppliers and/or partners, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
11. Warranty Disclaimer.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH OF SCREENSPACES, THE COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND/OR PARTNERS DO NOT WARRANT THAT: (i) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (iii) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability.
IN NO EVENT SHALL SCREENSPACES OR THE COMPANY, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND/OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (i) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (ii) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (iii) FOR YOUR RELIANCE ON THE SERVICE OR (iv) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Dispute Resolution/Choice of Law.
15. Integration and Severability.
Last Updated: September 3, 2011