“GENIUS IS 1% INSPIRATION AND 99% PERSPIRATION.” – Thomas Alva Edison
February 10, 2011
We reserve the right to modify this Agreement, the Site or any Services at any time and from time to time. Changes to this Agreement shall be effective upon posting on the Services and posting notice of the change so that it is visible to Users that access the Site the first time after the change is posted and/or sending Members an email notice of the changes. All material modifications will apply prospectively only. Your continued use of the Site or Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately.
1.Eligibility. Use of the Services and registration to be a Member for the Services (“Membership”) is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any Applicable Law.
2.Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you are a User. You may terminate your Membership at any time, for any reason, by contacting us [email@example.com]. By choosing to terminate your Membership, you acknowledge and expressly agree that all of your Content (as defined below) may remain on the Site indefinitely, or may be irrevocably deleted, at Ahhha’s sole discretion. Ahhha may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to reject, refuse to post or remove any Content posted by you (including, without limitation, private messages between you and other Users), or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 4-22.
3.Registration.The Standard Services are made available to you free of charge. In order to access the Standard Services, you are required to fill out the registration form by providing all required information (either manually or through a linked service such as Facebook Connect) and choose a username and password that you can modify at any time. In order to use any Premium Service, you must register for the Standard Services and pay any applicable fees as set forth on the relevant subscription or checkout page for that Premium Service.
6. User Representations. You represent and warrant that: (i) each of your Submissions is entirely your own original work and is not derivative of any Submission by any other User, (ii) you own all Content or otherwise have the right to grant the license set forth in Section 4 above, and (iii) the posting of your Content on, through or in connection with the Services does not violate any privacy right, publicity right, patent, copyright, trade secret, contract right or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Services.
7. Proprietary Rights in Content. The Services also contain Content of Ahhha, its affiliates or licensors (collectively, “Ahhha Content”). AhhhaContent is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the Ahhha Content and the Services. Ahhha hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Ahhha Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services.
8.Use by Members. The Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Ahhha. We reserve the right to remove commercial content in our sole discretion. Illegal and/or unauthorized use of the Services, including, without limitation, collecting User information by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Services.
9. Patents. You agree to disclose to Ahhha if your Submission is protected by a patent or subject to a pending patent application. If your Submission is not yet patented, but you wish to patent your idea in the future, you also agree to disclose this information to Ahhha. If your Submission is patented, subject to a pending patent application, or you intend to file for patent protection, this Agreement will automatically grant Ahhha a license under the terms of Section 4. Such license may be superseded only by a separate written license or assignment agreement between you and Ahhha.Posting your idea as a Submission may impact your ability to protect your idea under patent laws, and these laws vary between the United States and other countries. If your goal is to patent your idea in any jurisdiction, we suggest you consult with an attorney before posting your idea on the Site. You agree not to hold Ahhha liable for any loss of patent protection.
10.Content Posted. ?Please choose carefully the information that you post on, through or in connection with the Services and that you provide to other Users. You may not post any form of Prohibited Content, as outlined in Section 11 below. Despite this prohibition, information, materials, products or services provided by other Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Ahhha assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact us immediately. Ahhha may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in our sole judgment violates this Agreement or our Submission Guidelines[link], which are incorporated by reference, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume 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 are solely responsible for the Content that you post on, through or in connection with any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users.
11.Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Prohibited Content includes, but is not limited to, Content that, in our sole discretion: (a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (e) solicits or is designed to solicit personal information from anyone under 18; (f) publicly posts information that poses or creates a privacy or security risk to any person; (g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work; (i) involves the transmission of “junk mail,”“chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; (j) contains restricted or password only access pages or hidden pages or images; (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (l) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; (m) involves commercial activities and/or sales without prior written consent from Ahhha such as contests, sweepstakes, barter, advertising, or pyramid schemes; (n) includes a photograph or video of another person that you have posted without that person’s consent; or (o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
12.Password. When you sign up to become a Member, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately[firstname.lastname@example.org] if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
13. Protecting Copyrights and Other Intellectual Property. Ahhha respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Ahhha’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
If you believe that any Content has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows: Ahhha, Inc., 2000 University Ave, Palo Alto CA, 94301, Fax: (650)833-2001, Phone: (650)833-2000 Attn: Copyright Agent. Our Copyright Agent can also be reached electronically at [email@example.com].
14. Member Disputes. You are solely responsible for your interactions with other Users, third party developers or any other parties with whom you interact through the Services. Ahhha reserves the right, but has no obligation, to become involved in any way with these disputes. In the event two or more Users claim Submissions that are substantially identical, Ahhha reserves the right, in its sole discretion, to determine the Originator(s) of each Submission for all purposes.
16.PremiumServices. Members may purchase or subscribe to Premium Services that may be offered from time to time through the Site, subject to additional terms and conditions that a Member must agree to as a condition to using such Premium Service.
17. Disclaimers.Ahhha is not responsible for any of the Content or the accuracy and reliability of the Content posted through or in connection with the Services by Users, and such Content does not necessarily reflect the opinions or policies of Ahhha. In addition, Ahhha is not responsible for any damage, injury or loss caused by Users or by any of the equipment or programming associated with or utilized in the Services. Ahhha takes no responsibility for third-party advertisements that are posted on, through or in connection with the Services, nor does it take any responsibility for the goods or services provided by these third parties. Ahhha is not responsible for the conduct, whether online or offline, of any User.Ahhha 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 communication. Ahhha 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 Services or combination thereof, including, without limitation, 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 Services. Under no circumstances shall Ahhha be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Services, attendance at any event, from any Content posted on or through the Services, or from the conduct of any Users, whether online or offline. Ahhha cannot guarantee and does not promise any specific results from use of the Services. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SITE AND SERVICES ARE PROVIDED AS IS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND AHHHA HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
18. Limitation on Liability. IN NO EVENT SHALL AHHHA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF AHHHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AHHHA’SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO AHHHA FOR THE SERVICES, OR IF NO AMOUNTS HAVE BEEN PAID, THE SUM OF $500.00.
19. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and Ahhha agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, to resolve any dispute arising out of the Agreement or the Services. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
20. Indemnity. You agree to indemnify and hold Ahhha, its shareholders, subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement, arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on, through or in connection with the Services.
22. Other. This Agreement is accepted upon your use of the Site or any of the Services. The failure of Ahhha to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please use the Contact Us[firstname.lastname@example.org].