We reserve the right to modify or discontinue the Site, App or Content in any and all respects. You agree to checkwww.spackle.co/terms periodically for new information and terms that govern your use of our services. Revisions to terms affecting existing services shall be effective thirty (30) days after posting at spackle.co/terms. Terms for new services are effective immediately upon posting at www.spackle.co/terms.
Table of Contents
- Certain Definitions
- Intellectual Property Rights
- Contributing Third Party Content
- Takedown Procedure under the U.S. Digital Millennium Copyright Act
- Contributing User Content; License Grant to Us
- Third Party Services
- Rules of Conduct
- NO WARRANTY
- LIMITATION OF LIABILITY
- Injunctive Relief
- Controlling Law and Jurisdiction
- Entire Agreement; Severability; Waiver
1. Certain Definitions
Certain types of content are made available through the Site and/or App. “Content” includes, but is not limited to, the software, data, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, images, illustrations, forms, video, code, and all audio visual or other material appearing on or emanating to and/or from the Site or App, including their look and feel attributes, as well as the design and appearance of the Site, the Spackle trademarks and logos and other content made available through the Site and App. “User Content” means any text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by individual users to the Site or App, including through use of any widget.
2. Intellectual Property Rights
3. Contributing Third Party Content
We respect the intellectual property rights of others. You must have the legal right to upload User Content to the Site or App. You may not upload or post any User Content that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. We may, without prior notice to you and in our sole judgment, remove User Content that may infringe the intellectual property rights of a third party. If you are an infringer of our or a third party’s intellectual property rights, we may terminate your right to access the Site or App without notice to you. If your access is terminated to the Site or App as a result of any infringement of intellectual property rights, you are not entitled to a refund for any fees you have paid.
4. Takedown Procedure under the U.S. Digital Millennium Copyright Act
We have adopted and implemented a policy respecting the U.S. copyright law that provides for the removal of User Content that infringes the rights of third parties and, in appropriate circumstances, disabling access to the Site and/or App and/or Content of users who are infringers of intellectual property rights, including copyrights under U.S. law. If you believe that one of our users is, through the use of one of our App or Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed from our Site or App(s), the following information in the form of a written notification (pursuant to 17 U.S.C. - 512(c)) must be provided to our designated Copyright Agent: 1. Identification of the copyrighted work(s) that you claim to have been infringed; 2. Identification of where the infringing material is located on our Site or products; 3. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; 4. A statement that the information in the notification is accurate, and that under penalty of perjury, you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; 5. Your address, telephone number, and e-mail address; and 6. Your physical or electronic signature. Please note that pursuant to 17 U.S.C. - 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Spackle in connection with the written notification and allegation of copyright infringement. Our designated Copyright Agent can be contacted at firstname.lastname@example.org.
5. Contributing User Content; License Grant to Spackle
When you contribute User Content to the Site or a App, you expressly grant to us and our licensees, successors and assigns, a non-exclusive, perpetual, worldwide, complete, irrevocable, fully-paid and royalty-free right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable us to use such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content.
6. Third Party Services
8. Rules of Conduct
10. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE, APPS AND CONTENT, AS WELL AS THE THIRD-PARTY SERVICES LINKED TO OUR SITE AND APPS, AND THE THIRD-PARTY MATERIALS OFFERED THROUGH SUCH LINKS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, APPS AND CONTENT AND ANY THIRD PARTY SERVICES OR THIRD PARTY MATERIALS PERFORMED OR PROVIDED BY THE SITE OR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE AND THE PROVIDERS OF THE THIRD PARTY SERVICES LINKED TO OUR SITE AND APPS, AND THE THIRD PARTY MATERIALS OFFERED THROUGH SUCH LINKS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, APPS AND CONTENT AND ANY THIRD PARTY SERVICES AND THIRD PARTY MATERIALS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, APPS AND CONTENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE, APPS AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE SITE, APPS OR THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES OR BY THIRD PARTY SERVICES LINKED TO OUR SITE AND APPS SHALL CREATE A WARRANTY. SHOULD THE SITE, APPS, CONTENT, THIRD PARTY SERVICES OR THIRD-PARTY MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITE, APPS, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS. FOR THE AVOIDANCE OF DOUBT, WE ARE NOT AUTHORIZED TO MAKE AND DO NOT MAKE ANY WARRANTIES ON BEHALF OF THE PROVIDERS OF THE THIRD PARTY SERVICES LINKED TO OUR SITE AND APPS, AND THE THIRD PARTY MATERIALS OFFERED THROUGH SUCH LINKS, AND OUR LICENSEES AND THE PROVIDERS OF THE THIRD PARTY SERVICES LINKED TO OUR SITE AND APPS, AND THE THIRD PARTY MATERIALS OFFERED THROUGH SUCH LINKS ARE NOT AUTHORIZED TO MAKE AND DO NOT MAKE ANY WARRANTIES ON BEHALF OF OUR SITE, APPS OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSEES BE LIABLE FOR PERSONAL INURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, PRODUCTS, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS (US$5). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Injunctive Relief
14. Controlling Law and Jurisdiction
15. Entire Agreement; Severability; Waiver