Updates to Terms. Sponsor reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. Sponsor will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site.
Electronic Form. By accessing the Site you consent to have this Agreement provided to you in electronic form.
Non-Electronic Copy. You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: Sponsor, 111 Penn Street, El Segundo CA 90245.
HOW YOU CAN USE THE SERVICES.
The Site and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Sponsor’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
Sign-In Requirements. Sponsor is not responsible in the event that you are no longer able to access the Services or Site through Facebook, Twitter, and/or Google as a result of a violation for failure to comply with Facebook, Twitter, and/or Google’s guidelines. Additionally, Sponsor is not responsible in the event that you are no longer able to access the Site due to your account on any of these accounts being suspended, blocked, closed or terminated for any reason whatsoever.
Communication Services. The Services may contain bulletin board services, chat areas or other message or communication facilities designed to enable you to communicate with others (the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages or designs and material that are proper and, when applicable, related to the particular Communication Service ("User Content"). Sponsor has no obligation to monitor the User Content. However, Sponsor reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. Sponsor reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, and other communications by users are not controlled or endorsed by Sponsor, and such communications shall not be considered reviewed, screened or approved by Sponsor. User Content, including statements made in through the Communications Services reflect only the views of their authors. Sponsor specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Managers or hosts of Communications Services are not authorized Sponsor spokespersons, and their views do not necessarily reflect those of Sponsor.
Sponsor representatives may monitor your User Content on the Site. But we cannot monitor all of the User Content on the Site, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to [email protected]
By using the Communication Services and submitting User Content to the Site, you grant to Sponsor, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Site a non-exclusive license to access your User Content as permitted through the functionality of the Site and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Sponsor is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with User Posting Requirements.
User Posting Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Sponsor or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Sponsor owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. Sponsor and its logos are trademarks of Lock 77, LLC and are protected by state and federal laws. Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Sponsor' prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Sponsor has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any User Content on the Site which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
MASScanvas - Legal Department
111 Penn Street, 2nd Floor
El Segundo, CA 90245
No License Granted. Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Sponsor. You understand that you have no rights to the services or any other Sponsor property except as we indicate in these terms.
Links. The Site may provide links to other web Site or resources. Because Sponsor has no control over such Site and resources, you acknowledge and agree Sponsor is not responsible for the availability of such external Site or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such Site or resources. You further acknowledge and agree that Sponsor 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.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Sponsor, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Services and in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law or the rights of any third party.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE SPONSOR SITE, APPLICATIONS, AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SPONSOR SITE, APPLICATIONS, OR SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SPONSOR APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SPONSOR SITE, APPLICATIONS, OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SPONSOR MAKES NO WARRANTY THAT THE SPONSOR SITE, APPLICATIONS, OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT SPONSOR DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SPONSOR SITE, APPLICATIONS, OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SPONSOR SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SPONSOR SITE, APPLICATIONS, OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SPONSOR SITE, APPLICATIONS, AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SPONSOR SITE, APPLICATIONS, AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SPONSOR SITE, APPLICATIONS, AND SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPONSOR OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SPONSOR APPLICATIONS OR THE SERVICES, EVEN IF SPONSOR HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SPONSOR’ LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR SPONSORS’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID BY THE COMPLAINANT TO SPONSOR OR $50.
Termination. We can suspend your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at Sponsor' sole discretion, you fail to comply with any of the Terms. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive. You understand and agree that your membership in Sponsor is subject to and conditioned upon the following: Your continued adherence to these Terms and any future modifications thereto. Your violation of these Terms, or any other agreement between you and Sponsor constitute grounds for immediate termination of your access without further notice at Sponsor' sole discretion. Sponsor reserves the right to change, discontinue or suspend Sponsor or any of the Services at any time for any reason. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity, Disclaimer of Warranties, Liability Limitations, Termination, Privacy, Governing Law/Disputes, No Third Party Beneficiaries and Entire Agreement will survive any such termination.
Children: You must be over the age of 13 to use the Service or access the Site.
Governing Law/Disputes. By accessing the Site, you agree that the laws of the State of California, without regard to its conflict of laws principles, govern these Terms and any dispute of any sort that might arise between you and the Sponsor.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Contact Us. Please contact us at [email protected] if you have any questions about the Terms.
Effective Date: February 23, 2014
Copyright (c), 2014, Lock 77, LLC. All rights reserved.