Infectious Terms of Use
Effective as of: June 1st, 2008
Welcome to Infectious!
Infectious.com,
Inc. ("Infectious", "we"
or "us") provides the Infectious website (the "Site")
through which users can participate in an online community to encourage
graphic design, product customization and product creation ("Services")
Please read the following terms and conditions carefully. These
Terms of Use ("Terms of Use") are a legal agreement
between you and Infectious and apply to you whether you are a visitor
to the Site ("Visitor") or a user who has registered
with us and created an Infectious account ("Member").
We urge you
to carefully read the terms and conditions of these Terms of Use and
all policies referenced herein or elsewhere on the Site which are incorporated
herein by reference and form part of these Terms of Use.
YOU UNDERSTAND
THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING
THE SITE OR SERVICES, OR YOUR INFECTIOUS ACCOUNT OR BY POSTING OR SUBMITTING
A MEMBER SUBMISSION (DEFINED BELOW) TO INFECTIOUS, YOU ARE AGREEING
TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE
TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE.
If you agree to these Terms of Use on behalf of a business, you represent
and warrant that you have the authority to bind that business to these
Terms of Use and your agreement to these terms will be treated as the
Agreement of the business. In that event,
"you" and "your" refer herein to that business.
Registration. In order to access certain features of the Site and Services, and to post Member Submissions, you must create an Infectious account and become a Member. To become a Member you must be at least 18 years of age. When you register, you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify Infectious of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use, your use of the Site and Services or your submission of Member Submissions.
Modification of the Site or Terms of Use. Infectious reserves the right, in its sole discretion, to modify, discontinue or terminate the Site and Services, or modify these Terms of Use at any time. If we modify these Terms of Use we will give you notice of such modifications. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services.
Termination or Cancellation of the Site or Services. We may immediately terminate or suspend your access to the Site and Services, remove any material (including Member Submissions) from the Site or our servers or eliminate your Design from eligibility for evaluation in the event that you breach these Terms of Use or the Infectious Design License Agreement. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. Infectious not be liable to you or any third party for termination of the Site or Services or termination of your use of the Site or Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING MEMBER SUBMISSIONS) THAT YOU HAVE SUBMITTED TO INFECTIOUS OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Infectious will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
You may terminate your Infectious account at any time and for any reason by sending an email to cancel (at) Infectious (dot) com. Upon any termination by a Member, the related account will no longer be accessible.
Any suspension, termination or cancellation will not affect your obligations to Infectious under these Terms of Use (including, without limitation, the rights granted by you to Infectious, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. The rights granted under these Terms of Use by you to Infectious in your Member Submission are perpetual and irrevocable and will remain in place after termination of these Terms of Use.
Content and Member Submissions. Certain types of content are made available through the Site. Your submission of any designs or artwork to Infectious for consideration ("Designs") is governed by the <<Infectious Design License Agreement>> and you must agree to its terms and conditions when you submit a Design. "Infectious Content" as used in these Terms of Use means, collectively, the text, data, graphics, images, Infectious’ trademarks and other content and information made available through the Site, excluding Member Submissions and Designs. "Member Submissions" as used in these Terms of Use means, collectively, the text, data, communications, messages, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Site and information provided in Member created profile pages, excluding Designs. INFECTIOUS reserves the right to remove and permanently delete any INFECTIOUS Content oR Member Submissions from the Site or its servers without notice.
Rights and
RESPONSIBILITIES in content and member Submissions.
License Grant. Infectious does not claim ownership rights in your Member Submissions. However, by uploading, posting, submitting or otherwise transmitting any Member Submission on the Site or to Infectious, you hereby grant to Infectious a worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, distribute, perform, prepare derivative works from and display such Member Submissions on the Site and in promotional materials and to provide the Services.
You represent
and warrant that you own or have the necessary licenses, rights, consents
and permissions to grant the foregoing licenses to Infectious.
Infectious will own all right, title and interest in and to all derivative
works and compilations of Member Submissions that are created by Infectious
("Derivative Works"), including all worldwide intellectual
property rights therein. .
You may access
and use the Site, Services, and Infectious Content for your own personal,
non-commercial use. You will not remove, alter or conceal any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Site, Services, Infectious Content,
Member Submissions or related products and services and you will not
reproduce, modify, adapt, prepare derivative works based on, perform,
display, publish, distribute, transmit, broadcast, sell, license or
otherwise exploit the Site, Infectious Content, or Member Submissions
(other than your Member Submissions subject to the terms and conditions
herein). Infectious and its licensors own all right, title and
interest, including all worldwide intellectual property rights in the
Site and Infectious Content contained therein, other than your Member
Submissions.
Limitations.
You acknowledge and agree that Infectious may, at its option, establish
limits concerning Member Submissions, including, without limitation,
the maximum number of days that Member Submissions will remain on the
Site, the maximum size of any files that may be stored on or uploaded
to the Site and the maximum disk space that will be allotted for the
storage of Member Submissions on Infectious’ servers. Infectious
will have no responsibility or liability for and you are solely responsible
for creating back-ups of your Member Submissions.
Disclaimer.
Infectious does not have any obligation to monitor the Member Submissions
that are uploaded, posted, submitted or otherwise transmitted using
the Site or Services, for any purpose and, as a result, is not responsible
for the accuracy, completeness, appropriateness, legality or applicability
of the Member Submissions or anything said, depicted or written by Infectious
Members. Infectious does not endorse any Member Submission or
any opinion, recommendation or advice expressed therein and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Infectious with respect thereto.
Intellectual Property Policy: No Unauthorized Use. You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or service marks or otherwise violates or promotes the violation of the intellectual property rights of any third party. Infectious has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who infringe or are believed to be or are charged with infringing the intellectual property or proprietary rights of others. Please see the Infectious Intellectual Property Policy for further information. Infection reserves the right, in its sole discretion, to remove any Design or Member Submission at any time for any reason.
INTERACTIONS
WITH OTHER INFECTIOUS MEMBERS. You are solely responsible for
your interactions (including any disputes) with other Infectious Members.
You understand that Infectious does not in any way screen Infectious
Members. You are solely responsible for, and will exercise caution,
discretion, common sense and judgment in, using the Site and Services
and disclosing personal information to other Infectious Members. You
agree to take reasonable precautions in all interactions with other
Infectious Members, particularly if you decide to meet an Infectious
Member offline or in person. Your use of the Site, Services, Infectious
Content and Member Submissions is at your sole risk and discretion and
Infectious hereby disclaims any and all liability to you or any third
party relating thereto.
Your
Obligations in Using the Site and Services. The
Site and Services may be used and accessed for lawful purposes only.
You agree to abide by all applicable local, state, national and foreign
laws, treatises and regulations in connection with your use of the Site
and Services. In addition, without limitation, you agree that
you will not do any of the following while using or accessing the Site
or Services:
- Upload, post, submit or otherwise transmit: (i) any Member Submission to which you do not have the lawful right to use, copy, distribute, transmit and display (including any Member Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the Member Submission); (ii) any Member Submission for which you do not have the consent or permission of each identifiable person in the Member Submission to use the name, signature, photograph or likeness of each such person (to the extent each is implicated by the Member Submission) and such consent or permission is necessary; or (iii) any Member Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark or other intellectual property right, or moral right or right of publicity);
- Upload, post, submit or otherwise transmit, via the Site or Services, any Member Submissions (including screen names) that are unlawful, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitute hate speech or are otherwise objectionable in the opinion of Infectious. Prohibited content includes, without limitation, content related to bestiality, rape, incest or that constitutes child pornography or child erotica. Infectious reserves the right to delete or remove any Member Submissions that are otherwise objectionable in the sole discretion or opinion of Infectious. Infectious will take all appropriate steps with Member Submissions that Infectious believes violate applicable laws.
- Circumvent, disable or otherwise interfere with security related features of the Site, or features that prevent or restrict use or copying of any Infectious Content;
- Upload, post, submit or otherwise transmit any Member Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software, or (ii) interfere with the access of any Infectious Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Infectious’ providers, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to probe, scan or test the vulnerability of any Infectious system network, or breach or impair or circumvent any security or authentication measures protecting the Site or Services; attempt to gain unauthorized access to any Infectious account information, computer systems or networks associated with the Site; or attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
- Use the Site or Services to provide or promote any product or services, to provide any product or services related to claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly" or "make money surfing the Web") or use the Site or Services to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
- Use the Site or Services in any manner not permitted by these Terms of Use; or
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.
Disclaimer. By using the Site or Services or submitting a Member Submission you agree that Infectious is not responsible, and will in no event be held liable, for any: (a) lost, illegible, misdirected, damaged, OR incomplete Member Submission; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, A virus, bug, OR worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise from your access to the Site or Services. THE SITE, SERVICES, INFECTIOUS CONTENT AND MEMBER SUBMISSIONS ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. INFECTIOUS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, INFECTIOUS CONTENT AND MEMBER SUBMISSIONS, WHETHER THE PROVISION OF SERVICES OR YOUR SUBMISSION OF A MEMBER SUBMISSION WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Infectious makes no representation or warranty that the Site, sERVICES OR will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL INFECTIOUS OR SUPPLIERS TO INFECTIOUS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, INFECTIOUS CONTENT AND MEMBER SUBMISSIONS OR YOUR SUBMISSION THEREOF, INCLUDING WITHOUT LIMITATION INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY INFECTIOUS MEMBER ONLINE OR OFFLINE, WHETHER OR NOT INFECTIOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INFECTIOUS AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify, and hold Infectious, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Infectious Content and Member Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party or infringed or violated any third party intellectual property right, publicity, confidentiality, property or privacy right.
Feedback. Your feedback is welcomed and encouraged. You may submit feedback by emailing us at support (at) infectious (dot) com. You agree, however, that: (i) by submitting unsolicited ideas to Infectious or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Infectious or any of its employees or representatives automatically become the property of Infectious. You hereby assign and agree to assign all right, title and interest you have in such feedback and ideas to Infectious together with all intellectual property rights therein.
General
No Assignment. You will not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Infectious. Any purported assignment or delegation by you without the appropriate prior written consent of Infectious will be null and void. Infectious may assign these Terms of Use or any rights hereunder without your consent.
Relationship of the Parties. For purposes of these Terms of Use, including if you become an Infectious Member, create an account or if Infectious selects your Member Submission, you are not an employee or agent of Infectious, and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms of Use, including, without limitation, any expenses associated with the implementation of these Terms of Use.
Governing Law. These Terms of Use and the relationship between you and Infectious will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Infectious agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California.
Severability and Waiver. In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Infectious to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision
Force Majeure. Infectious will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Infectious infrastructure or connectivity to the Internet, or failure at Infectious co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Infectious will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues
Entire Agreement. These Terms of Use and all policies and supplementary agreements referenced herein or elsewhere on the Site are the entire and exclusive agreement between Infectious and you regarding the Site, Services, Infectious Content and Member Submissions and supersede and replace any prior agreements between Infectious and you regarding any of the foregoing.
Notice. Any notice or other communication to be given hereunder will be in writing and given: (a) by Infectious via email (in each case to the address that you provide); (b) a posting on the Site; or (c) by you via email to accounts (at) infectious (dot) com or to such other addresses as Infectious may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Questions. If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use of your use of the Site and Services, please contact Infectious at accounts (at) infectious (dot) com or by sending a written request to
- Infectious.com, Inc.
- 215 Dore Street, San Francisco, CA 94103
