Defriendtion.com Terms & Conditions
Last Updated: August 22, 2012
Welcome to the “defriendtion” application (the “Application”) and the defriendtion.com website (the “Website”), properties of Publish Dynamic, LLC (“we” or the “Company”). By using or accessing the Application and/or the Website, you are agreeing to comply with, and be bound by, the following terms and conditions (the “Agreement”). Please review the following Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use the Application or the Website in any manner or form, whatsoever.
1. Acceptance of Agreement. This Agreement constitutes the entire agreement between you and the Company and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Application, the Website and/or the Company’s services. The Company may, from time to time and in its sole discretion, modify this Agreement. In such a case, the Company will post a copy of the amended Agreement on the Website. If you do not fully agree to any amended Agreement, your only remedy is to stop using the Application. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Application and/or the Website. By your continued use of the Application and/or the Website, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for any updates and/or changes.
3. License Grant. As a visitor to the Website and user of the Application, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Application, the Website and its associated content in accordance with this Agreement. The Company may terminate this license at any time for any reason, whatsoever. You may use the Application and/or Website on one computer for your own personal, non-commercial use. No part of the Application and/or the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Application, the Website, the Website’s content or any portion thereof. The Company reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Application and/or the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure. As an Application user and/or Website visitor, your license is provided solely for access to the Website and/or use of the Application in order to obtain information about the Services.
4. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Application and/or the Website is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Application and/or Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website and/or the Application. The posting of information and/or material at the Website by the Company does not constitute a waiver of any right in such information and/or materials.
5. Interactive Features; User-generated Content. The Website and Application provides information for the benefit of users. If you choose, you may post a comment in certain places on the Website about third persons. However, the Company does not guarantee the truthfulness, accuracy, or validity of your comment(s) or any other any user-generated content posted on the Website. You may not submit any comment or other content that is obscene, defamatory, harassing, threatening, pornographic, illegal, or would violate the rights of others, or that otherwise violates the User Conduct section of these Terms. The Company reserves the right to delete or edit any comments or other user-generated content that it considers inappropriate or otherwise objectionable, in its sole discretion. The Company, however, assumes no responsibility for monitoring the Website and/or Application for inappropriate content or conduct. If at any time the Company chooses, in its sole discretion, to monitor the Website and/or Application, the Company will assume no responsibility for the content on the Website and/or Application, no obligation to modify or remove any inappropriate or otherwise objectionable content on the Website and/or Application, and no responsibility for the conduct of any user submitting such content. By submitting any user-generated content to the Website, or submitting content elsewhere on the Website and/or Application, you: (i) expressly grant the Company a worldwide, non-exclusive, royalty-free, irrevocable license to publish, modify, reproduce, display, distribute, and use such content for any purpose whatsoever without further notice or consent; (ii) waive any rights you may have in any such content; (iii) warrant that you have all rights in and to the content you submit, or that you have express authorization from the copyright and/or trademark owner to do so. Pursuant to Title 17, United States Code, Section 512(c)(2), as amended by Title II of the Digital Millennium Copyright Act, notifications of copyright infringement on the Website must be sent to the Company’s Designated Agent at email@example.com.
6. User Conduct. By accessing and using the Website and/or Application, you agree: (i) that you will comply with all applicable local, state, national, and international laws and regulations that govern your use of the Website and/or Application; (ii) not to disrupt or interfere with the security or accessibility of the Website and/or Application or any services offered in connection with the Website and/or Application; (iii) not to transmit any obscene or otherwise objectionable content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Website and/or Application; (iv) to provide truthful and accurate information on the Website and/or Application; (v) not to reproduce, duplicate, copy, sell, resell, use or exploit any portion of the Website and/or Application for a commercial purpose, unless specifically authorized by the Company; and (vi) not to attempt to gain unauthorized access to the Website and/or Application.
7. Minors. The Website and/or Application is not directed to children under 13, and the Company does not knowingly collect or solicit personally identifiable information from or about children under 13. If we discover that we have received any personally identifiable information from a child under 13, we will delete such information from our servers and records promptly.
8. Copyright. The Company respects the intellectual property rights of others. If you believe that the Website and/or Application contains content or material that infringes a copyright you own, please let us know via email at firstname.lastname@example.org. If valid, we will remove the material from the site. If material or content that you have created, developed, or posted has been removed or disabled by the Company after it receives a notification meeting the requirements described above, and you would like it to remain on the site with a link or attribution, you may ask that the content be restored by sending the Company a counter notification. The counter notification must include substantially all of the following: (i) A physical or electronic signature; (ii) Identification of the material that has been removed or to which access has been disabled; (iii) the location at which the material appeared before it was removed or access to it was disabled (The Company requests that complete URLs for each instance of the affected material be provided); (iv) a statement that the information in the counter notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner; and (v) your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person. After receipt of a valid Counter Notification meeting the requirements described above, the Company is required to: (a) promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that the Company will replace the removed material or cease disabling access to it in 10 business days; and (ii) replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless the Company’s designated copyright agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the other user from engaging in infringing activity relating to the material on the Company’s system or network.
10. Indemnification/Disclaimer of Warranties. You agree to indemnify and hold the Company, its subsidiaries, affiliated companies, officers, directors, shareholders, predecessors, successors interest, agents, employees, partners and licensors, harmless from any claim, demand, loss, liability, or expense, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Website and/or Application, your access or use of the Website and/or Application, your violation of this Agreement, or your violation of any rights of a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND/OR APPLICATION IS AT YOUR SOLE RISK. THE WEBSITE AND/OR APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE WEBSITE AND/OR APPLICATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEBSITE AND/OR APPLICATION OR THE CONTENT PROVIDED ON THE WEBSITE AND/OR APPLICATION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE WEBSITE AND/OR APPLICATION. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE COMPANY’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Violation of This Agreement; Termination of Access to Website. You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website and/or Application and/or block your future access to the Website and/or Application if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Website and/or Application. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity. The Company may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website and/or Application, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Website and/or Application, including the Company’s customers. If the Company does take any legal action against you as a result of your violation of this Agreement, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Website and/or Application as a result of any violation of this Agreement.
12. Links to Third Party Websites. The Website and/or Application may contain links to other websites owned or operated by non-affiliated third parties. The Company is not responsible for the content provided by or privacy practices of these other websites. When you visit such websites – even if you get there by clicking on links provided on this Website and/or Application – this Agreement no longer applies. The Company is not responsible for your access to and use of such linked websites, including the use of your personal information by such linked websites.
13. Governing Law; Dispute Resolution. This Agreement shall be governed in accordance with the laws of the State of New York without regard to its conflict of law provisions. By accessing or using the Website and/or Application, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York for resolution of any disputes arising out of or relating to this Agreement or your use of the Website and/or Application. Either the Company or you may demand that any dispute or claim between the Company and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (“AAA”) in New York County, New York. Both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in new York County, New York to resolve the applicable dispute or claim if arbitration is demanded. An arbitration demand, however, shall not prevent either party from seeking injunctive relief in a court of competent jurisdiction.
15. Waiver And Severability Of Unenforceable Provisions. If the Company does not exercise or enforce any right under this Agreement, it doesn’t mean that it waives such right. Likewise, if a court holds that any portion of this Agreement is unenforceable, that portion shall be deemed severable from rest of this Agreement and the fact that it is unenforceable will not affect the validity and enforceability of the remaining provisions.
16. Opinion Disclaimer. The views expressed on the Website via the Application by our users are those of the authors alone. They do not represent the views and opinions of the Company, or its staff.
17. Entire Agreement. This Agreement constitutes the entire agreement between you and the Company with regard to your use of the Website and/or Application. Any and all other written or oral agreements or understandings previously existing between you and the Company with respect to your use of the Website and/or Application are hereby superseded and canceled. The Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected.
19. Indemnification. You agree to indemnify and hold the Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Application, the Website and/or your use of the Services; (b) your breach of this Agreement; (c) your violation of any rights of another the Company, any Website and/or Application user individual and/or entity; and/or (d) your violation of any laws, rules or regulations.
20. Contact. If you have any questions about this Agreement, please contact us by e-mail at: email@example.com.I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.