Stipple User Terms of Service
Latest Revision: March 12, 2013
PLEASE READ VERY CAREFULLY THESE TERMS OF SERVICE BEFORE USING STIPPLE. USING STIPPLE INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT USE STIPPLE.
Who Can Use Stipple
You may use the Service only if You can form a binding contract with Stipple, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because Stipple respects the Stipple community, the Service is not available to any Users previously removed from the Service by Stipple.
Stipple allows You to upload and Stipple Dot Your content through the Service, including images, videos, comments and other materials. Anything that You upload and other Users upload to or otherwise make available on the Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” Except for the licenses you grant, You retain all of Your rights in all of the User Content that You post through the Service.
How Stipple and Other Users Can Use Your Content
You hereby grant Stipple a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, Stipple Dot, modify (e.g., re-format), re- arrange, publish, share and distribute Your User Content on Stipple for the purposes of (i) operating and providing the Service to You and to Stipple’s other Users, (ii) making Your User Content available on digital social media platforms, including but not limited to, Facebook and Twitter, and (iii) advertising and promoting Stipple and the Service. Nothing in this Agreement shall restrict Stipple’s rights under separate licenses for User Content. Please remember that the Service is a public platform, and that other Users may search for, see, use, and/or re-upload or Stipple Dot any User Content that You make publicly available through the Service.
How Long Stipple Keeps Your Content
Following termination or deactivation of Your account, or if You remove any User Content from Your account, Stipple may retain Your User Content for a commercially reasonable period of time for backup, archival and/or audit purposes. Furthermore, Stipple and other Users may retain and continue to display, reproduce, re-upload or Stipple Dot, modify, re-arrange and distribute any of Your User Content that other Users have re-added or Stipple Dotted through the Service or that You have posted to public or semi-public areas of the Service.
Your Responsibility for Your Content.
By uploading User Content to Stipple, You represent and warrant that You have the right to use that User Content and that if You are not the owner of such User Content then You have the necessary permission and/or license from the copyright owner to use it. Stipple reserves the right, but is not obligated, to remove User Content from the Service for any reason, including User Content that Stipple believes violates this Agreement.
You agree not to upload User Content that:
Infringes any third party’s Intellectual Property Rights (defined below), privacy rights, publicity rights, or other personal or proprietary rights;
Creates a risk of and/or portrays harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to Yourself, to any other person, or to any animal;
May create a risk of any other loss or damage to any person or property;
Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Violates, or encourages any conduct that violates laws or regulations;
Contains any information or content Stipple deems to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
Contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships, or is fraudulent, false, misleading, or deceptive.
You agree not to engage in any of the following prohibited activities:
Use, display, mirror or frame the Service, any individual element within the Service, the Stipple name, trademark, logo or other proprietary information, or the layout and design of any page, without Stipple’s express written consent;
Access, tamper with, or use non-public areas of the Service, Stipple’s computer systems, or the technical delivery systems of Stipple’s providers;
Attempt to probe, scan, or test the vulnerability of any Stipple system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Stipple or any of Stipple’s providers or any other third party (including another User) to protect the Service or Stipple Content (defined below);
Attempt to access or search the Service, User Content or Stipple Content (defined below) or scrape or download User Content or Stipple Content (defined below) from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Stipple or other generally available third party web browsers;
Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
Use any meta Stipple Dots or other hidden text or metadata utilizing a Stipple or Stipple trademark, logo, URL, or product name without Stipple’s express written consent;
Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for You by Stipple or in any manner not permitted by this Agreement;
Use Stipple user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
Impersonate or misrepresent Your affiliation with any person or entity;
Violate any applicable law or regulation, or encourage or enable any other individual to do any of the activities prohibited in this Agreement.
You agree that any User Content that You post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. Stipple reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that Stipple believes violates this Agreement. Stipple may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in Stipple’s sole determination, a User violates any provision of this Agreement, or for no reason.
It is important that You understand that You are in the best position to know if the materials You post are legally allowed. Stipple therefore asks that You please be careful when deciding whether to make User Content available on the Service, including whether You can upload or Stipple Dot User Content through the Service.
“Intellectual Property Rights” as used in this Agreement means all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
Report Objectionable Content
If You find content that violates this Agreement You can submit the content for review by sending Stipple feedback.
Feedback You Provide
Stipple values hearing from Stipple’s Users, and are always interested in learning about ways Stipple can make Stipple better. You may choose to or Stipple may invite You to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service (“Feedback”). By submitting any Feedback, You agree that Your disclosure is gratuitous, unsolicited and without restriction; Your disclosure will not place Stipple under any fiduciary or other obligation; and Stipple is free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to You. By acceptance of Your submission, Stipple does not waive any rights to use similar or related Feedback previously known to Stipple, or developed by its employees, or obtained from sources other than You.
Stipple Toolbar License
Stipple grants You a non-transferable, non-exclusive, non-sublicensable, royalty-free and fully paid, worldwide right and license to use Stipple’s toolbar feature (the “Toolbar”) on one or more of Your computers, in executable object code format only, for Your personal, non-commercial use only, subject to the terms and conditions of this Toolbar License. You may not modify, make derivative works of, copy, reproduce, publish, or reverse engineer the Toolbar, except in the case of reverse engineering, only to the extent required by applicable law. You may not license, sell, transfer, distribute, rent, lease or otherwise transfer or exploit rights to the Toolbar. You may not use the Toolbar in any manner that could damage, disable, overburden or impair the Site, nor may You use the Toolbar in any manner that could interfere with any other party’s use and enjoyment of the Service. You agree that You will use the Toolbar for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the Toolbar will terminate immediately if You violate any provision of this Toolbar License and upon termination of this Agreement.
Stipple Content and Stipple’s License to You
Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Stipple Content”) are the property of Stipple and its licensors. Except as expressly provided in this Agreement, You agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Stipple Content without Stipple’s permission.
Subject to the terms and conditions of this Agreement, Stipple grants You a license to use the Service, including accessing and viewing Stipple Content, for Your personal, noncommercial use for the sole purpose of Your permissible use of the Service. Except for the rights and licenses expressly granted, Stipple reserves all other rights and no other rights are granted by implication or otherwise.
Copyright Policy and the DMCA
Stipple respects the intellectual property rights of others and expects its Users to do the same. It is Stipple’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Stipple will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Stipple’s Designated Copyright Agent, identified below.
If You are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Stipple’s Designated Copyright Agent. Upon receipt of the Notice as described below, Stipple will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement ("Notice")
1) Identify the copyrighted work that You claim has been infringed, or, if multiple copyrighted works are covered by this Notice, You may provide a representative list of the copyrighted works that You claim have been infringed.
2) Identify (i) the material that You claim is 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 Stipple to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that You claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stipple to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3) Provide Your mailing address, telephone number, and, if available, email address.
4) Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; AND (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5) Provide Your full legal name and Your electronic or physical signature.
Deliver this Notice, with all items completed, to Stipple’s Designated Copyright Agent:
Stipple Copyright Agent 360 Ritch Street, 3rd Floor, San Francisco, CA 94107 firstname.lastname@example.org
If You receive a notification that Your User Content has been removed due a copyright complaint, it means that User Content has been deleted from Stipple at the request of the content’s owner. If Your account receives too many copyright complaints, You may lose the ability to use the Service, and Your account may be disabled completely.
If You believe User Content was removed in error, You have the option to file a counter- notice by following the steps below. When Stipple receives a valid counter-notice, Stipple will forward a copy to the person who filed the original complaint. If Stipple does not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, Stipple will remove the complaint from Your account’s record, and Stipple may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that You are the actual rights holder of the removed content or that You have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice:
1) Reply to the notification email You received.
2) Include ALL of the following: (i)Your name, address, and telephone number; (ii) DMCA ID printed at the bottom of the notification email; (iii) the source address of the content that was removed (copy and paste the link in the notification email); (iv) a statement under penalty of perjury that You have a good faith belief that the content was removed in error; (v) 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 Stipple may be found, and that You will accept service of process from the person who provided the original complaint or an agent of such person; (vi) a physical or electronic signature (for example, typing Your full name).
Terminating Your Account
You may close Your account at any time or simply cease using the Service. Stipple may permanently or temporarily terminate or suspend Your User account or access to the Service for any reason, without notice to You, including if in Stipple’s sole determination You violate any provision of this Agreement, or for no reason. Upon termination of Your use of the Service, You continue to be bound by the following Sections of this Agreement: How Stipple and Other Users Can use Your Content; How Long Stipple Keep Your Content; Feedback You Provide; Copyright Policy and the DMCA; Terminating Your Account; Your Interactions with Other Users; Third-Party Links, Sites and Services; Indemnity; Disclaimers; Limitation of Liability; Arbitration; Governing Law; Assignment; Export Control; Entire Agreement/ Severability; and No Waiver. For information about how Your User Content will be handled after any termination of Your account, please see the “How Long Stipple Keep Your Content” section above.
Your Responsibility for Your Account
When You create Your Stipple account, You must provide Stipple with accurate and complete information. Please be sure to provide Stipple with up to date contact information for You so Stipple knows how to reach You. Stipple encourages You to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your account. You are solely responsible for the activity that occurs on Your account, and You agree to keep Your account login and password secure. You must immediately notify Stipple of any compromise of Your credentials You become aware of and any unauthorized use of Your account.
Changes to the Service
Here at Stipple, Stipple is always finding new and exciting ways to provide Stipple’s Users with new and innovative features and services. Therefore, Stipple may, without prior notice, change the Service; upload features, stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service.
Your Interactions with Other Users
Please keep in mind that You are solely responsible for Your interactions with other Users. Stipple reserves the right, but has no obligation, to monitor disputes between You and other Users. Stipple will have no liability for Your interactions with other Users, or for any User’s action or inaction.
Privacy and Security
Third-Party Links, Sites and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Stipple. Stipple does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If You access any third party website, service, or content from the Service, You do so at Your own risk and You agree that Stipple will have no liability arising from Your use of or access to any third-party website, service, or content.
You agree to indemnify and hold harmless Stipple and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) Your access to or use of the Service or Stipple Content, (ii) Your User Content and/or or (iii) Your breach of any of this Agreement.
THE SERVICE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STIPPLE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Stipple takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Service. You are solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that Stipple is only acting as a passive conduit for Your AND OTHER USERS’ online distribution and publication of Your AND THEIR User Content. You understand and agree that You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose.
Stipple does not guarantee the Service will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond Stipple’s (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Stipple (or its wholly owned subsidiaries) or Your servers are located or co-located.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, STIPPLE CONTENT, AND USER CONTENT REMAINS WITH YOU AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. YOU AGREE THAT NEITHER STIPPLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR FROM THE SERVICE, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, USER CONTENT, STIPPLE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STIPPLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL STIPPLE’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE SERVICE, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, USER CONTENT OR STIPPLE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STIPPLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. Stipple makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if You are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
For any dispute You have with Stipple, You agree to first contact Stipple at email@example.com attempt to resolve the dispute with Stipple informally. In the unlikely event that Stipple has not been able to resolve a dispute it has with You after attempting to do so informally, Stipple and You each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless You and Stipple agree otherwise, the arbitration will be conducted in San Francisco County. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS STIPPLE IN ITS SOLE DISCRETION AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND STIPPLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Stipple, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Stipple each agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
Notification Procedures and Changes to this Agreement
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Stipple without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Any software or technology obtained from Stipple through the Service originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Stipple may be subject to the import and export laws of other countries. It is Your responsibility to comply with all U.S. and foreign export and import laws and regulations.
This Agreement, together with any amendments and any additional agreements You may enter into with Stipple in connection with the Service, shall constitute the entire agreement between You and Stipple concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The relationship between Stipple and You is not one of a legal partnership, joint venture, agency or employment, but is one of independent contractors.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Stipple’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact Stipple at firstname.lastname@example.org with any questions regarding this Agreement.