Content Submission Agreement and Terms of Service
By using AndreaCurrieCrafts.com (the “Sites”), you indicate your consent to and acceptance of the terms of this Agreement. If you do not agree with the terms of this Agreement, please terminate your use of the Sites and it’s affiliates immediately.
This Agreement describes the legal relationship between you (referred to in this Agreement as “you” or “user”) and [Company] (referred to in this Agreement as “we,” “us” or “Company”) relating to your use of the Sites and to any content that you post, upload, or submit to the Sites. Please read this document carefully.
Your Personal Information
The Sites are provided for your personal use only. Other than content that you submit in accordance with the terms of this Agreement, all of the content on the Sites, including but not limited to, graphics, text, design, buttons, logos, images, and icons, and the selection, assembly, arrangement and “look and feel” of the Sites, are the sole property of Company or its third party content providers and partners bound by their agreements.
Third Party Content
You acknowledge that the Sites include postings, messages, text, files, images, graphics, photos, audio, video or other materials (the “Content”) that have been provided by third parties, including, without limitation, other users of the Sites. You agree that you the “user” are submitting for the community forum and not a publisher with respect to user-submitted Content, and that we are not responsible for reviewing or editing any user-submitted Content. You further agree that any opinions, advice, statements, services, offers or other information contained in any third party Content on the Sites, including, without limitation, user-submitted Content, are those of their respective authors or producers, and we do not endorse or guarantee the accuracy of any such third party Content. However, we do reserve the right to take down any content we deem inappropriate or offcnsive or in violation of copyrights.
You may submit Content provided you do so in accordance with the Submission Rules below. You accept entire responsibility for all Content that you submit to, transmit through, link through, or otherwise make available through, the Sites. For all Content that you submit to the Sites, you agree to indemnify us as provided below.
By submitting Content to the Sites, you grant us a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such Content, in any form, media (print, electronic or otherwise), software or technology of any kind now existing or developed in the future.
Representations and Warranties
By uploading or otherwise submitting any Content to the Sites, you represent and warrant that (a) you own or otherwise have all necessary rights, including but not limited to copyrights, to the Content and have the right to use it as provided in this Agreement; (b) all information submitted by you is true, accurate, current and complete, and does not violate this Agreement; (c) you have the full right, power and authority to enter into and perform this Agreement, and have secured all third party consents, licenses, waivers and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, animated portrayals, or actual or imitated voices are depicted in the Content; (d) we shall not be required to make any payments with respect to the authorized use of any Content submitted by you, including, without limitation, any payments to you, third parties claiming rights through you or otherwise, publishers, rights agents, performance rights societies, persons who contributed to or whose names, likeness, photographs, animated portrayals or actual or imitated voices appear in such Content, your licensors, unions or guilds; and (e) the Content submitted by you will not (i) infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, (ii) violate any applicable law, statute, ordinance or regulation, (iii) be defamatory, trade libelous, trademark disparaging, fraudulent, harassing, abusive, threatening, harmful, lewd, pornographic or obscene, (iv) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to facilitate any unauthorized access to any portion of the Sites, their computer systems, servers or networks; (v) transmit junk mail, chain letters, or other unsolicited bulk e-mail, spam or duplicative messages to other users of the Sites; (vi) collect information about other users of the Sites without their consent or otherwise systematically extract data or data fields, including, without limitation, any financial data or e-mail addresses, from the Sites or our computer systems without our consent; or (vii) contain any viruses, trojan horses, time bombs or other programming routines or elements that detrimentally interfere with computer systems or data. You agree that, upon request, you will provide us with evidence, in a form and format reasonably acceptable to us, indicating that the Content submitted by you complies with the foregoing warranties.
You agree to indemnify and hold us harmless from and against any and all claims, suits, liabilities, obligations, damages, injuries, penalties, fines, losses, costs and expenses (including, without limitation, attorneys’ fees) arising out of, resulting from or related to any breach of the foregoing representations and warranties. This obligation shall survive the termination of this Agreement for any reason.
The Sites include webcams, forums, photo galleries and other interactive areas in which users can express opinions and share ideas and information. We cannot and do not monitor all of the material submitted to the Sites. Additionally, we do not control, and are not responsible for, Content submitted by users.
By using the Sites, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Sites and any Content on the Sites, including, but not limited to, whether you should rely on such Content.
Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any Content that you have submitted to the Sites, and to reject, delete, disable, or remove any Content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon any rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any Content at any time, for the reasons set forth above, for any other reason, or for no reason.
If you believe that any Content on any of the Sites infringes upon any copyrights that you own, please contact us pursuant to the procedures outlined in the Digital Millennium Copyright Act (Title 17 U.S.C. § 512) at the following address:
[Note to drafter: register a DMCA agent by submitting to the U.S. Copyright Office the form posted at the following link: http://www.copyright.gov/onlinesp/agent.pdf.]
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Sites IS AT YOUR OWN RISK. we make no warranty that THE Sites will be uninterrupted, secure or error-free. ALL CONTENT, INFORMATION, AND OTHER MATERIAL ON THE Sites IS provided “as is” AND “as available”. We make no ENDORSEMENTS, GUARANTEES, representations or warranties, express, implied or statutory, with respect to THE TIMELINESS, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, non-infringement, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL ON THE Sites.
Limitation of Liability
You agree that we will not be liable for any consequential, indirect, special, exemplary, or incidental damages arising out of or in connection with your use of or inability to use the Sites (including, without limitation, any damages for lost profits or business interruption), or for any claim made against you by any other party, whether arising from mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, even if we have been advised of the possibility of such damages. You also agree that under no circumstances will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise made available via the Sites.
Notice: You may not submit Content if you are under the age of 13. By submitting Content to any of the Sites, you represent that you are age 13 or over.
You agree not to submit Content:
- that is unlawful, pornographic, defamatory, libelous, harmful, threatening, abusive, harassing, or invasive of another’s privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that falsely claims to be submitted by another person or entity, or falsely states or otherwise misrepresents your affiliation with another person or entity;
- that includes personal or identifying information about another person, or uses the name or likeness of another person for commercial purposes, without that person’s explicit consent;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that is false, fraudulent, deceptive, misleading, deceitful, misinformative or uses “bait-and-switch” tactics;
- that constitutes or contains “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, “affiliate marketing,” or “link referral code”;
- that constitutes or contains any form of advertising or solicitation;
- that advertises or features any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including, without limitation, items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses, worms, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the operation of any of the Sites with an excessive number of messages (flooding attack) to such Sites, or that otherwise negatively affects other users’ ability to use such Sites; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted or otherwise “stalk” or harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to any of the Sites; or
- attempt to gain unauthorized access to our computer system or to any other user’s computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any of the Sites.