2. INTELLECTUAL PROPERTY
2.2 Any reproduction, modification, creation of derivative works from or redistribution of the Software or the Service is prohibited without the express written consent of Flatparty.
2.3 You further agree not to reproduce, duplicate or copy the Content without the express written consent of Flatparty, and agree to abide by any and all copyright notices displayed on or through the Service.
2.5 Using the Service and the transmission of applicable data, if any, is subject to United States export controls. No Service or otherwise exported or re-exported in violation of U.S. export laws and will be at your sole risk.
2.6 Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
3. ACCESS; MOBILE SERVICES
3.1 Flatparty grants you a limited, revocable, non-sublicensable, nonexclusive license to access the Service for your own personal use. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, only with the approval of your parent or guardian.
3.2 In order to access some features of the Service, you will have to create an account. You may never use another user’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account, and you must keep your account password secure. You must notify Flatparty immediately of any breach of security or unauthorized use of your account. Although Flatparty will not be liable for any losses caused by any unauthorized use of your account, you will be liable for the losses of Flatparty or others due to such unauthorized use.
3.3 You agree not to use or launch any automated system, including without limitation,"robots,""spiders,""offline readers," etc., that accesses the Service. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by or through the Service for any commercial solicitation or illegal or improper purposes.
3.4 Notwithstanding the foregoing, Flatparty grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the public areas (non-logged in areas) of the Site for the sole purpose of creating publicly available searchable indices of the materials. Flatparty reserves the right to revoke these exceptions either generally or in specific cases.
3.5 The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the service via a mobile device, (ii) the ability to browse the service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the"Mobile Services"). To the extent you access the Service or the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
4. CONDITIONS OF USE
4.1 By using the Service, you specifically agree to comply with each of the following:
4.2. You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
4.3. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.
4.4. You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to end users any required terms.
4.5. You will not post or transmit any material that is: is false, deceptive, misleading, or deceitful.
4.6. You will not post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, violent, libelous, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
4.7. You will not post or transmit any material that deceptively impersonates any person or entity.
4.8. You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes, promotional materials, commercial activities and/or sales,"junk mail,""spam,""chain letters,""pyramid schemes,""contests,""sweepstakes," or any other form of solicitation. Do not post a URL unless it directly answers a user’s question.
4.9. You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious and unrequested software, computer code, or file, or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
4.10. You shall not submit any material that is intended to promote or commit an illegal act.
4.11. You will not solicit personal information from anyone under the age of 18, nor harvest or collect 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. Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed appropriate by Flatparty.
5. DISCLAIMERS AS TO THIRD PARTY SUBMISSIONS
5.1 The Service may permit the submission of text, audio, video, or other content submitted by you and other third parties such as our partners (“Third Party Submission(s)") and the hosting, sharing, and/or publishing of such Third Party Submissions. Third Party Submissions include, but are not limited to, blog postings, comment postings, geo-related check-ins, replies, photos, and any other interactive area of the Service.
5.2 By posting, submitting or uploading Third Party Submissions to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Flatparty an irrevocable, perpetual, transferable, non-exclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display, transmit, store, modify and distribute said Third Party Submissions and to prepare derivative works of, or incorporate into other works, said Third Party Submissions, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to or through the Service, you automatically grant Flatparty all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submissions by any party for any purpose.
5.3 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to the Service on your behalf (“Posting Agent"). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access the Service to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Flatparty.
5.4 Flatparty reserves the right to modify or discontinue, temporarily or permanently, the Service, including its interactive features, blogs, comments (or any part thereof) with or without notice at any time. You agree that Flatparty shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Service.
5.5 You are and shall remain solely responsible for any and all Third Party Submissions you make through the Service. You acknowledge that any information you disclose through the Service becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information. Any such disclosures are at your own risk.
5.6 Flatparty does not prescreen Third Party Submissions submitted and Flatparty has no duty to monitor any interactive area of the Service. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Service and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Flatparty may refuse to post or deliver, remove, modify or otherwise use or take any action with respect to any submission on the Site.
5.7 You must not describe or assign keywords to your Third Party Submissions, including blogs, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Flatparty may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Flatparty liability.
5.8 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Feedback"), provided by you to Flatparty are non-confidential and Flatparty shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.9 You acknowledge that the interactive features on the Service are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to the Service. Flatparty cannot guarantee the security of any information you disclose through the Service; you make such disclosures at your own risk.
6. LIMITS ON THIRD PARTY SUBMISSIONS
6.1 You understand that when using the Service, you will be exposed to Third Party Submissions from a variety of sources, and that Flatparty is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Flatparty with respect thereto, and agree to indemnify and hold Flatparty, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
6.2 Flatparty does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Flatparty expressly disclaims any and all liability in connection with Third Party Submissions.
6.3 Flatparty does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Flatparty will remove Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another’s intellectual property rights. Flatparty reserves the right to remove Content and Third Party Submissions without prior notice.
6.4 In particular, if you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA") to our Copyright Agent at the following address: support@ flatparty.com. Flatparty, Inc. PO Box 615, Floral Park, NY 11002
The information provided to our Copyright Agent must be in writing and contain the following (see 17 U.S.C 512(c)(3) for further detail):
6.4.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
6.4.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
6.4.3 Identification of the material that is claimed to be 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 the service provider to locate the material;
6.4.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail 6.4.5 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;
6.4.6 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.
6.4.7 You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8. WARRANTY DISCLAIMER
THE SERVICE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR FLATPARTY-RELATED SERVICE, IS PROVIDED"AS IS" AND"AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE.
FLATPARTY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLATPARTY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) THE SERVICE, THE SITE, FLATPARTY-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR THE SERVICE. IN NO EVENT SHALL FLATPARTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FLATPARTY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
11. Governing Law / Disputes
12. Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.