Effective Date: August 21, 2013
2. Use of Website and Content. The Website, including without limitation, any information, software, photographs, images, Company Draggable, video, audio, graphics, or text on the Website (“Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Company and various third party owners. Subject to this TOU, we grant you a non-exclusive, non-transferable, revocable license to access and use the Website and the Content solely for entertainment purposes, and for no other purpose. When the Website is fully operational, you will be able to: (a) access and use draggables found in Company’s library of images (“Company Draggable”); and (b) upload pictures and create your own draggable (“User Draggable”). You may upload the Company Draggable and the User Draggable from the Website for your personal use, so long as you do not sell the Company Draggable and/or the User Draggable to others, or use them for advertisement purposes. Except as reasonably required to create the User Draggable or to customize a Company Draggable, you may not modify, publish, transmit, translate, use for advertising purposes, participate in the transfer or sale, create derivative works, or in any way exploit, the Website or any of the Content, in whole or in part. No copying, redistribution, reverse engineering, retransmission, publication or commercial exploitation of downloaded material of Content will be permitted. You acquire no ownership rights by downloading copyrighted material. You acknowledge and agree that any User Draggable that you create will be placed in the Company’s library of images for use by other users.
3. Code of Conduct. While using the Website and the Content (including without limitation when you post messages or other information to the public forum portion of the Website and when you purchase products on the Website), you will: (a) Comply with all federal, state and local laws that apply to your use of the Website and the Content; (b) Refrain from posting or transmitting through the Website any material that violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property rights); (c) Refrain from posting or transmitting material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or contains advertising or any solicitation; (d) Refrain from using the Website and the Content in a manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Company, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the Website; (e) Not attempt to gain unauthorized access to the Website, Content, or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means; (f) Refrain from uploading, posting or making available on the Website any User Content (as defined below) protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any is not protected by copyright rests with you. We reserve the right to remove any User Draggable or information posted by a User that we deem to be objectionable, in our sole discretion.
The Company makes no warranties or representations related to the Content or the Website and disclaims all liability for errors or omissions in the information presented. You acknowledge that while Company does not ordinarily monitor User Content, it reserves the right to refuse to accept User Content or to remove any User Content that is, in Company’s sole discretion, unacceptable, and to disclose User Content to law enforcement agencies or authorities who may investigate reports of misuse or abuse of the Website or the Content. This right includes, without limitation, the right to cancel any transaction occurring on the Company’s marketplace. You acknowledge that you use the Website and entering into any transaction for the purchase of products is at your own risk.
5. Indemnification. You agree to indemnify and hold harmless Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, transmit or otherwise make available, your use of the Website or the Content, any transaction involving the purchase of products on the Website, your connection to the Website, your violation of the TOU, or your violation of any rights of another party.
6. Trademarks. The name STJ Ventures and Draggable.com are owned by Company. Unauthorized use of trademarks, service marks or logos owned or licensed by Company is strictly prohibited and may also be a violation of federal and state trademark laws.
7. Copyright. The Website and the Content are protected by U.S. copyright laws and owned by STJ Ventures, its affiliates, and certain third party providers. Except as expressly provided in this TOU, you may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or the Content without the prior written consent of STJ Ventures.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent 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 Website;
d. Your address, telephone number, and email address;
e. 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; and
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. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at admin@Draggable.com, or by letter sent postage prepaid to STJ Ventures LLC, 1111 E. 54th Street, Suite 114, Indianapolis, IN 46220. Attention: Copyright Agent.
8. Disclaimer of Warranties. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, THE CONTENT OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PRODUCTS SOLD ON THE WEBSITE’S MARKETPLACE, FOR ANY TRANSACTIONS OCCURRING ON THE WEBSITE, AND FOR ANY USER CONTENT.
9. Limitation of Liability. YOUR USE OF THE WEBSITE AND/OR USE OF CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Exclusion of Consequential Damages; Further Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE PURCHASE OF PRODUCTS, THE CONTENT, OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF COMPANY AND ITS THIRD PARTY PROVIDERS UNDER THIS TOU, OR ANY MATTER RELATING TO OR ARISING FROM THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY THIRD PARTY PROVIDER AND OUR AND THEIR RESPECTIVE AFFILIATES.
11. Governing Law. The TOU shall be governed in all respects by the laws of the State of Indiana, USA, without reference to its choice of law rules. By accessing the Website you understand and agree that all transactions take place in Marion County, Indiana and agree that the federal and state courts in Marion County, Indiana have exclusive jurisdiction over any disputes with the Company arising from or related to your use of the Website, the purchase of products, Content, or User Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of such courts, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such courts.
12. Statute of Limitations. Except for claims arising from your misuse of the Website or the Content, or claims arising from the User Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action against us arising out of or related to use of the Website, the Content or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. Third Party Links. The Website may contain links to third party websites. The Company makes no representation regarding the content or accuracy of any website that you may access through the Website. The Company does not monitor and is not responsible for the content found on other websites that are linked from the Website. The Company does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the site, and the Company shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of the Company.
14. Third Party Services. We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
15. Security. The Company does not make warranties or representations regarding the security of Content or User Content. Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet.
16. User ID and Password. You may be provided with a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. The Company prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify the Company of any unauthorized use of your user ID or password or any other breach of security.
17. Termination. You agree that Company may, in its discretion, and without prior notice, immediately terminate your access to the Website.
18. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this TOU.
19. Waiver. The failure of the Company to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.
20. Headings. The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.
23. Contacting The Company. If you have Website questions, comments, or concerns, please email info@Draggable.com. Please include details of your questions, comments or concerns and your complete name and contact information.