1. USE OF SERVICES
The TYPOGRAFFIT social media art project (“TYPOGRAFFIT” or “Service”) services are offered to you provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of TYPOGRAFFIT services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify TYPOGRAFFIT of any unauthorized use of your password or account or any other breach of security. TYPOGRAFFIT cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
This Site and the Typograffit Content and Software are intended for customers and content providers of Typograffit. You may not use this Site or the Typograffit Content or Software for any purpose not related to your business with Typograffit. You are specifically prohibited from:
a) downloading, copying, or re-transmitting any or all of the Site or the Typograffit Content or Software without, or in violation of, a written license or agreement with Graffit LLC;
b) using any data mining, robots or similar data gathering or extraction methods;
c) manipulating or otherwise displaying the Site or the Typograffit Content by using framing or similar navigational technology;
d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any TYPOGRAFFIT product or service if you are not expressly authorized by such party to do so;
e) harvesting or collecting email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
f) using the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
g) using automated scripts to collect information from or otherwise interact with the Service or the Site;
h) uploading, posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
i) impersonating any person or entity, or falsely state or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
j) uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
k) uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
l) uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses 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;
m) uploading, posting, transmitting, sharing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
n) using or attempting to use another's account, service or system without authorization from TYPOGRAFFIT, or creating a false identity on the Service or the Site;
o) uploading, posting, transmitting, sharing or otherwise making available content that, in the sole judgment of TYPOGRAFFIT, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose TYPOGRAFFIT or its users to any harm or liability of any type; and
p) using the Site or the Typograffit Content or Software other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. TYPOGRAFFIT reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via the TYPOGRAFFIT image library. You understand that by using TYPOGRAFFIT services you may be exposed to Content that is offensive, indecent or objectionable, and that you use TYPOGRAFFIT at your own risk.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence."
You understand that the technical processing and transmission of TYPOGRAFFIT services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. PROPRIETARY RIGHTS
Your RightsTYPOGRAFFIT claims no ownership or control over any Content submitted, posted or displayed by you on or through TYPOGRAFFIT images. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through TYPOGRAFFIT and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through TYPOGRAFFIT services, you grant TYPOGRAFFIT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through TYPOGRAFFIT services. In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant TYPOGRAFFIT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content for the purpose of displaying, distributing and promoting TYPOGRAFFIT services. TYPOGRAFFIT will discontinue this licensed use within a commercially reasonable period after such Content is removed from TYPOGRAFFIT's image library. TYPOGRAFFIT reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
5. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Graffit, LLC Legal Department
P.O. Box 691397
Los Angeles, CA 90069
6. GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE
You agree that TYPOGRAFFIT has no responsibility or liability for the deletion or failure to store or make available any Content and other communications maintained or transmitted by TYPOGRAFFIT services. You acknowledge that TYPOGRAFFIT has the right, at its sole discretion, to limit the number of transmissions you may send or receive through TYPOGRAFFIT services or the amount of storage space, bandwidth, or other resources you may use, and TYPOGRAFFIT has the right to terminate or suspend your account based on usage that exceeds these limits.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of TYPOGRAFFIT image library or services, use of TYPOGRAFFIT services, or access to TYPOGRAFFIT image library or services.
8. MODIFICATIONS TO SERVICE
TYPOGRAFFIT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TYPOGRAFFIT services (or any part thereof) with or without notice. You agree that TYPOGRAFFITshall not be liable to you or to any third party for any modification, suspension or discontinuance of TYPOGRAFFIT services.
Some TYPOGRAFFIT services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by TYPOGRAFFIT on its services are subject to change. You agree that TYPOGRAFFIT shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on TYPOGRAFFIT services.
TYPOGRAFFIT may provide, or third parties may provide purely as a courtesy to you, links to other World Wide Web sites or resources. Because TYPOGRAFFIT has no control over such sites and resources, you acknowledge and agree that TYPOGRAFFIT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TYPOGRAFFIT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF TYPOGRAFFIT SERVICES IS AT YOUR SOLE RISK. TYPOGRAFFIT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYPOGRAFFIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TYPOGRAFFIT DOES NOT WARRANT THAT (I) TYPOGRAFFIT SERVICES WILL MEET YOUR REQUIREMENTS, (II) TYPOGRAFFIT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TYPOGRAFFIT SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TYPOGRAFFIT SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TYPOGRAFFIT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You understand that by using the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or images. Nevertheless, you agree to use the Site at your sole risk and further agree that Graffit, LLC shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TYPOGRAFFIT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TYPOGRAFFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE TYPOGRAFFIT SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM TYPOGRAFFIT SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TYPOGRAFFIT SERVICES; OR (V) ANY OTHER MATTER RELATING TO TYPOGRAFFIT SERVICES.
15. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. NO THIRD PARTY BENEFICIARIES
18. GENERAL INFORMATION
Questions or comments about the Site or Site Terms may be directed to Graffit, LLC at firstname.lastname@example.org
©2009 Graffit, LLC.