May 21, 2008
This is the difftag.com User Agreement that governs your participation on difftag.com. Please read this Agreement, and digitally sign this Agreement by scrolling to the bottom of the page. Using your browser's print command, please print a copy of this Agreement.
difftag.com is a social networking website that allows an opportunity for difftag.com Users to create various art and art functions, create unique personal profiles, and other unique personal images online. The difftag.com website, also provides a variety of free and paid for tools for the difftag.com Users to utilize.
difftag.com may modify this Agreement from time to time. All modification(s) shall be effective upon posting by difftag.com on the difftag.com Website. You agree that you will be bound to any and all changes to this Agreement when you use the difftag.com Services after any such modification is posted. It is important, therefore, that you regularly review this Agreement to be sure you are updated as to the changes.
Always carefully choose the information you post on difftag.com and that you provide to other Users. Your difftag.com profile may not include the following items: street addresses, telephone numbers, any and all photographs which may contain pornography, or obscenities, or nudity or lewd, violent or excessively violent content, harassing, sexually explicit or otherwise objectionable content or subject matter. In spite of strictly prohibiting this type of subject matter, other difftag.com Users (for instance, in their Profile) could possibly post information that is objectionable, offensive or sexually explicit material, inaccurate, inappropriate services or products, and difftag.com assumes no liability or responsibility for this subject matter or content. If you become aware of any misuse of the difftag.com Website or Services by any person, please contact difftag.com, or you may report misuse on the “Report Abuse” link posted on any difftag.com page.
difftag.com in its sole discretion, reserves the right to reject or remove any posting (including private messages) by you, refuse to post or to suspend, restrict, or terminate your access to all or any part of the difftag.com Website and Services at any time, for any reason or no reason, with or without prior notice, and without liability. difftag.com expressly reserves the right to eliminate your profile and/or suspend, or terminate, or restrict your access to any part of the difftag.com Website and Services if difftag.com in its sole discretion, determines that you potentially pose a a threat to difftag.com and/or its Users.
A. Term. This Agreement shall remain in effect and full force while you use the difftag.com Website and/or Services or are a User. You may terminate your User Registration at any time and for any reason, by contacting difftag.com at “email@example.com.” difftag.com may terminate your Usership at any time, without warning. This Entire Agreement will remain in effect, even after Usership is terminated,
B. Fees and Charges. difftag.com reserves the right to charge for the difftag.com Services and at its discretion, to change its fees from time to time. If difftag.com terminates your Usership because you have breached the difftag.com Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. You acknowledge the details noted above.
C. Your Password. When you register to become a difftag.com User, you will also be asked to create a password. It is solely your responsible for protecting the your password. It is important that your password(s) remain confidential. You agree that you will not use the username, or password, or account of another difftag.com User. You also agree that at no time will you reveal your password to any third party. You agree to notify difftag.com immediately if unauthorized use of any type is occurring to your account or to your password. The responsibility is yours for any and all use of your difftag.com Website account.
D. Users Non-Commercial Use. The difftag.com Services are for Users personal use only and are not be used in connection with commercial endeavors of any type except those which are specifically approved or endorsed by difftag.com. Unauthorized and/or illegal use of the difftag.com Website and Services, which includes collecting email addresses or usernames of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the difftag.com Website is prohibited. All unauthorized forms of solicitation, commercial advertisements, and affiliate links, may be removed from User profiles without notice and may result in termination of Usership privileges. Illegal or unauthorized use of the difftag.com Services will prompt appropriate legal action.
E. Eligibility. Use of the difftag.com Website and Services is void where prohibited. You represent, and warrant by use of the difftag.com Website that (a) all registration information you submit is accurate and truthful; (b)The accuracy of such information will be maintained by you; (c) you are 13 years of age or older; and (d) your use of the difftag.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Usership may be terminated without warning, if we believe that you are under 13 years of age.
difftag.com Proprietary Content Rights.
difftag.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you or your entity post to the difftag.com Website. After posting your Content to the difftag.com Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your allowable Content in any way you choose. By posting ( displaying or publishing) any Content through or on difftag.com, you are hereby granting to difftag.com a limited license to use, perform publicly, display publicly, reproduce, modify and distribute said Content only on and through the difftag.com Services.
difftag.com for example, without the ability and right to modify User Content, would not be able to do the digital compression of music files that are submitted by Users or format Content to support technical requirements, and without the ability and right to publicly and in real time perform User Content, difftag.com would not have the ability to allow Users to listen to music posted by other Users and difftag.com developers. This license that you grant to difftag.com is non-exclusive (which means that you are free to license your Content to any other entity in addition to difftag.com), royalty-free and fully-paid (which means that difftag.com is not required to compensate you for the use on the difftag.com Website of the Content that you post), sublicensable (so that difftag.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the difftag.com Website and Services), and worldwide (since the Internet and the difftag.com Website and Services are global in reach). This license will terminate at the time you remove your Content from the difftag.com Services. The license is not a grant allowing difftag.com the right to sell your Content.
You represent and warrant that: (a) you own the Content that you have posted on or through the difftag.com Website and Services or otherwise own or have the right to grant the license set forth in this section, and (b) in posting your Content on or through the difftag.com Website and Services does not violate the privacy and/or publicity rights, copyrights, rights of contract or any of the rights of any other person. You agree to be responsible for and to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through difftag.com.
The difftag.com Website contains the Content of difftag.com. This Content of difftag.com has all the protections covered by all patent, trademark, trade secret, copyright, and other laws, and difftag.com owns all rights and retains all rights in the difftag.com Content and the difftag.com Website and Services. difftag.com thereby grants you a nonsublicensable, limited and revocable license to display and reproduce the difftag.com Content (excluding any and all software code) solely for your personal use in difftag.com Services.
The difftag.com Website/Services may contain Content from other difftag.com licensors. Excepting for Content which is posted by you, you are restricted from and may not copy, modify, translate, publish, transmit or broadcast, distribute, perform, display, sell or re-sell any Content that appears on or appears through the difftag.com Website.
difftag.com may choose to delete any Content that in the sole judgment of difftag.com is in violation of this Agreement or which is deemed to be offensive or illegal or violates the rights, harms, or threatens the safety of any person. difftag.com in no way assumes the responsibility for monitoring the difftag.com Website for inappropriate conduct or abusive, offensive, or inappropriate Content. If at any time difftag.com chooses, in its sole discretion, to monitor the difftag.com Services, difftag.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You as a User, are solely responsible for Content that you post on or through any of the difftag.com Website pages and Services, and any material or information that you may choose to transmit to other Users and for your interactions with other Users. difftag.com does not endorse and has no control and assumes no responsibility over the Content. Content is/may not necessarily (be) reviewed by difftag.com prior to posting and does not necessarily reflect or represent the views, opinions or policies of difftag.com. difftag.com neither makes or represents any warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
Prohibited Content/Activities. The following is a partial list of the types and/or kind(s) of Content that is illegal or is prohibited to post (display or publish) on or through the difftag.com Websites. difftag.com reserves the right to investigate and take appropriate legal action against anyone who, in difftag.com's sole opinion and/or discretion, is in violation of this provision including and without limitation, the removal of the offending communication and/or Content from the difftag.com Website and terminating the account(s) and/or Usership of said violators. Prohibited Content includes, but is not limited to communication and/or Content that, in the sole discretion of difftag.com:
(a) is patently abusive and/or offensive and promotes racism, bigotry, hatred, hate speech, or physical harm of any and all types and kinds against any group or individual;
(b) harasses or advocates harassment of another person;
(c) exploits people in a hateful, sexual or violent manner;
(d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(e) solicits personal information from anyone under 18;
(f) provides any telephone numbers, street addresses, URLs or email addresses;
(g) promoting information that is known by you to be false or misleading or in any way promotes illegal activities or displays or promotes conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(h) involves "junk mail transmission(s)," "chain letters," or unapproved and/or unsolicited broadcast (mass) mailing, instant messaging (IM), "spimming," or "spamming";
(i) contains password only or restricted access pages or hidden pages or images (those not linked to or from another accessible page);
(j) furthers any activity or enterprise that is criminal in nature or provides information of an instructional nature about illegal activities which includes, but is not limited to manufacturing or buying illegal weapons, being in violation of any person's privacy, or creating or providing or giving access to computer viruses;
(k) seeks to solicit passwords or the identification of personal information for unlawful purposes or for commercial gain or use from other Users;
(l) involves activities that are commercial and/or activities that involve sales without our prior written permission and consent. These restricted endeavors include but are not limited to: sweepstakes, advertising, contests or bartering, or Ponzi (pyramid) schemes;
(m) includes an image, likeness, or photograph of any other person that you have displayed (posted) without the consent of that person; or for musician or music groups (bands) and filmmaker profiles, uses suggestive imagery that is or may be sexual in nature or intent or any other Content that is misleading or deceptive or lacks fairness or is intended to draw web traffic or viewership to the profile.
The following is a (partial) list of the kind of activity that is illegal or prohibited on the difftag.com Website and through your use of the difftag.com Website and Services. difftag.com maintains and reserves the right to investigate and implement appropriate legal action against anyone who, in difftag.com's sole discretion requires reporting you to law enforcement authorities. Activity or activities that are Prohibited include(s), but is not limited to:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any User to buy or sell any products or services through the diffTAG.com Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the difftag.com Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, difftag.com reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which difftag.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications difftag.com of any kind through the difftag.com Services, you acknowledge that you will have caused substantial harm to difftag.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay difftag.com $45 for each such unsolicited email or other unsolicited communication you send through the difftag.com Services;
covering or obscuring the banner advertisements on your personal profile page, or any difftag.com page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the difftag.com Services or the networks or services connected to the difftag.com Services;
attempting to impersonate another User or person;
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the difftag.com Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the difftag.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs with a commercial purpose, or sending private messages with a commercial purpose; or
using the difftag.com Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, intellectual material, proprietary information or trademarks belonging to others without first obtaining the prior written consent of the owner of such proprietary rights. It is the policy of difftag.com to terminate Usership privileges of any User who habitually and/or continually infringes upon the copyright rights of others, upon receipt of proper notification to difftag.com by the copyright owner's agent or legal agent or representative or the copyright owner. Without limiting the foregoing, if you believe that your work has been copied and posted on the difftag.com Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the difftag.com Services; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. difftag.com's Copyright Agent for notice of claims of copyright infringement can be reached via email: firstname.lastname@example.org.
Disputes Between Users. You bear the sole responsible for your interactions with other difftag.com Users. difftag.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
Disclaimers. difftag.com is not responsible for any incorrect or inaccurate Content posted on the difftag.com Website or in connection with the difftag.com Services, whether caused by Users of the difftag.com Website or Services or by any of the equipment or programming associated with or utilized in the difftag.com Website or Services. Profiles created and posted by Users on the difftag.com Website may contain links to other websites. difftag.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by difftag.com. Inclusion of any linked website on the difftag.com Website does not imply approval or endorsement of the linked website by difftag.com. When you access these third-party sites, you do so at your own risk. difftag.com takes no responsibility for third party advertisements which are posted on this difftag.com Website or through the difftag.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. difftag.com is not responsible for the conduct, whether online or offline, of any User of the difftag.com Website and/or Services. difftag.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. difftag.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the difftag.com Website or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the difftag.com Website or Services. Under no circumstances shall difftag.com be responsible for any loss or damage, including personal injury or death, resulting from use of the difftag.com Website or Services, attendance at a difftag.com event, from any Content posted on or through the difftag.com Website or Services, or from the conduct of any Users of the difftag.com Services, whether online or offline. The difftag.com Website and Services are provided "AS-IS" and as available and difftag.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. difftag.com cannot guarantee and does not promise any specific results from use of the difftag.com Website or Services.
Limitation on Liability. IN NO EVENT SHALL DIFFTAG.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DIFFTAG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIFFTAG.COM 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIFFTAG.COM FOR THE DIFFTAG.COM SERVICES DURING THE TERM OF USERSHIP.
U.S. Export Controls. Software available in connection with the difftag.com Website or Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the difftag.com Website or Services or otherwise exported or re-exported in violation of U.S. export laws. All Software downloads or use is solely at your risk.
Disputes. If there is a dispute of any kind about or involving the difftag.com Website or Services, you are agreeing that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Diego. Either difftag.com or you may demand that any dispute between difftag.com and you about or involving the difftag.com Website or Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA, provided that the foregoing shall not prevent difftag.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold difftag.com, its subsidiaries, and affiliates, and all of their respective agents, officers, partners and employees, harmless from any liability, loss, demand or claim, which would include reasonable attorneys' fees, made by any third party due to or arising out of your use of the difftag.com Website and Services, if you are in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your warranties and representations set forth above and/or if any Content that you post on the difftag.com Website or through the difftag.com Services should cause difftag.com to be liable to another.
Please contact us at: email@example.com with any questions regarding this Agreement
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.