1. BINDING EFFECT
If you use our Service, you expressly represent to Us that you are at least over the age of thirteen (13). Before you may become a member of the Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate our Service to anyone.
3. USE OF THE SITE
You agree that you will use the Site and our Service only for lawful purposes and in a lawful manner. While using the Site and our Service,
you agree that you will not:
(i) register under a false name or use an invalid or unauthorized email or physical address;
(ii) use another's account without permission;
(iii) use the Site if you are under the age of 13, or are temporarily or indefinitely suspended from using the Site;
(iv) use an invalid or unauthorized payment method; (v) impersonate another user;
(vi)submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and grant Us all of the license rights under this Agreement;
(vii) violate any laws, third-party rights, or our rights; post false, inaccurate, misleading, defamatory, libelous, obscene, pornographic, abusive, or threatening content;
(viii) take any action that may undermine the feedback, recommendations or ratings systems (such as displaying, importing or exporting such information off the Site or using it for purposes unrelated to use of the Site);
(ix) transfer your account and User ID to another party without our consent;
(x) violate or attempt to violate any security features of the Site or Service, including, without limitation,
(A) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access,
(B) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization,
(C) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding", "spamming", "mail bombing", or "crashing",
(D) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services, without the Company's written approval,
(E) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, or
(F) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
(i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to Us) from the Site without our prior express written permission and the appropriate third-party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass any measures We may use to prevent or restrict access to the Site. We reserve the right to remove any work posted by any member or cancel any membership or user ID for any reason.
4. RESERVATION OF RIGHTS
6. SERVICES AND OBLIGATIONS OF PARTIES
(a) Services Provided. The Site is an online venue where members may, among other things, find up-to-date information regarding local government and civic events, traffic information, alerts, entertainment and discounts and deals from local merchants and professionals, recommendations for all of the above and created in large part by the Site's members. The Company is not liable for the actions of any members or third parties and does not warrant any quality of service or product provided by any such third-party. You agree you will not violate the CAN-SPAM Act of 2003 or any similar laws and regulations that may apply in the jurisdiction in which recipient resides, regarding your use of emails through the Site.
(c) Taxes and Reporting. Each member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of goods and services provided by members, from and by independent contractors. (c) No Agency. No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement.
(d) Links To Third Party Content. Except to the extent the Site provides the means for Site non-members/Site members to post a link to a member's Site page via Facebook or Twitter, you may not place links to third-party sites without the prior written approval of the Company. You may find on the Site links to other sites.
You acknowledge and agree that We are not responsible or liable for:
(i) the availability or accuracy of such sites or resources; or
(ii) the content, advertising, or products on or available from such sites or resources.
The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at your own risk and expressly relieve Us from any and all liability arising from your use of any third-party website.
7. USE OF SOFTWARE
The Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by the Company, for your personal, noncommercial, home use only. The Company does not transfer either the title or the intellectual property rights to the Software, and the Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by the Company or its licensors and you may not copy or use them in any manner.
8. USER CONTENT
You grant the Company a perpetual, non-exclusive, royalty free license to use the materials you post to the Site or Service. By posting, uploading, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. A member may at any time request in writing that the Company remove Site content submitted by the member and the Company will use commercially reasonable efforts to remove such content from the Site within thirty days from such written request. Such a request, and compliance with the request, will and does not modify any license granted to the Company by the requesting member and the Company will not require any third-party to whom the member's content has been rightfully distributed to remove such content or stop the rightful use of such content. Furthermore, while the Company will use commercially reasonable efforts to remove such content from the Site, it may be unable to remove all such content due to caching and automatic storage systems.
9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10. INAPPROPRIATE CONTENT
11. COPYRIGHT INFRINGEMENT
(A) Notification. The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that allows the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to the Company's designated agent at: Farhad Popal, Copyright Agent Adfall, Inc. 5065 Haven Place, #313 Dublin, CA 94568 (650) 642-1117 firstname.lastname@example.org (B) Counter-Notification. If you believe that content you submitted that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notification containing the following information to our designated copyright agent, at the above address/email: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement, under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal or state court in Alameda County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our copyright agent, We may send a copy of the counter-notice to the original complaining party informing that party that We may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
12. NO WARRANTIES
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITED LIABILITY
COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
14. AFFILIATED SITES
All contents of Site or Service, including the Company's service marks and logo are: Copyright © 2013, Adfall, Inc., 5065 Haven Place, #313; Dublin, CA 94568. All rights reserved.
17. GOVERNING LAW
18. SEVERABILITY; WAIVER
19. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
20. UNITED STATES OF AMERICA USE ONLY
The Site is controlled and operated by the Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in locations other than the USA or Canada and your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.