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STICKAM® TERMS OF SERVICE
Advanced Video Communications, Inc., a California corporation ("AVC") owns and
operates the interactive multimedia communications websites, www.stickam.com and www.payperlive.com,
and certain co-branded versions of these sites under contract with other third
parties (collectively "Stickam"). By using Stickam, you represent and warrant
that you are 14 years of age or older and that your use of Stickam does not
violate any law or regulation in the United States or any other applicable
jurisdiction.
You may only use Stickam pursuant to the Stickam Terms of Service (this "Agreement"),
which you accept by your use of Stickam. AVC reserves the right to modify or
revise this Agreement at any time in its sole discretion. Any such modification
to this Agreement shall be effective immediately upon being posted on Stickam
unless otherwise stated. You are legally bound by such modifications or revisions,
and therefore you should regularly review the most current version of this Agreement
at: http://stickam.com/viewTerms.do.
Your continued use of Stickam following AVC’s posting of any changes or modification
to these Terms of Service will constitute your acceptance of such changes or
modifications. In the event that you do not agree to any changes or modifications
of this Agreement, you should not continue to use Stickam.
Description of Service
Stickam provides access to various publishing and communication tools
which can be used to publish, display, perform, transmit or otherwise distribute
(hereinafter "Post") information or content provided by a user, including, without
limitation, messages, photographs, audio files, video files, and live streaming
video (hereinafter "Content") on the Internet.
The PayPerLive™ service is a venue provided by AVC which allows a Stickam Member
who has registered for the PayPerLive service ("PayPerLive Host"), to sell access
to their Content, to other Stickam Members. AVC receives a monthly Membership
Fee from each PayPerLive Host and earns a Transaction Fee for each completed
sale.
AVC is not a party to the transaction between the PayPerLive Host and the buyer
with respect to the sale/purchase of any Content. AVC does not sell, resell
or license any Content listed for sale on Stickam nor is AVC acting as an agent
of sale. AVC disclaims any responsibility for or liability related to such Content.
Any questions, complaints or claims related to the sale/purchase of any Content
should be directed to the appropriate PayPerLive Host.
Information for Buyers accessible
at http://stickam.com/terms/buyers.do
Information for Sellers accessible
at http://stickam.com/terms/sellers.do
Fees and Billing accessible at
http://stickam.com/terms/fees.do
Membership Eligibility
Certain features of Stickam are only available to Members who have completed
a membership application and registered a valid user name and password. Membership
is available to anyone 14 years of age or older. You must be at least 18 years
of age (or the minimum age of majority in your state), and able to form legally
binding contracts if you wish to register for the PayPerLive service
Your membership is solely for your personal use and is not transferable. You
shall not authorize others to use your user name. AVC reserves the right to
cancel any Member account and user name at any time, for any reason, in its sole
discretion.
User Name and Password
You must have a valid email address in order to register for a user name and
password on Stickam. When registering your user name and password, you may not
(1) select or use a user name of another person with the intention of impersonating
that person, (2) use the user name of anyone else without authorization, (3)
use a user name in violation of the intellectual property rights of any person
or entity, or (4) use a user name that AVC considers in its sole discretion as
being inappropriate.
You are solely responsible for the use and maintenance of your user name and
password. You may change your password at any time (by going to the Stickam website
home page and clicking on "Edit Profile"). You agree to notify AVC of any unauthorized
use of your account or any other breach of security, and to ensure that you exit
from your account at the end of each session.
Inactive Status
You must use your user name on a regular basis by logging into Stickam
in order to keep your user name and membership active. AVC may, without notification,
cancel your membership and user name and delete the Content Posted by any Member
who has not used such user name for a period of ninety (90) days. If your user
name is cancelled, you will need to re-register for a membership and obtain a
new user name to gain access to any registration based service of Stickam.
Term/Termination
This Agreement shall remain in full force while you use Stickam and/or
are a Member. You may terminate your Stickam membership at any time, for any
reason by logging into Stickam (go to "Edit Profile," click on the "My Stickam
Account" tab and click on "Delete Account"). You may terminate your subscription
to the PayPerLive service at any time, for any reason by sending a request to
cancel your subscription by email to support@payperlive.com.
AVC may terminate your Stickam membership and PayPerLive subscription, and cancel
your user name for any reason with or without notifying you. In the
event your membership is terminated or your user name is cancelled, AVC may,
without notification, delete the Content Posted by you, and you will need to
re-register for a membership and obtain a new user name to gain access to any
registration based service of Stickam. AVC shall not be responsible for any losses,
damages, claims and actions of any kind, either directly or indirectly related
to or arising from the restriction, suspension, or termination of access to Stickam,
cancellation of your user name, or the deletion of Content Posted by you.
Proprietary Rights in Content Created by AVC
AVC owns and retains all proprietary rights in Stickam. The compilation of
all Content on Stickam is the exclusive property of AVC (or its partners or Licensors).
Except as otherwise provided in "User Content" below, all Content, including
but not limited to text, software, music, sound, photographs, video, graphics,
Java script code, and HTML code, presented to you on or through Stickam by AVC
or AVC’s partners and advertisers, is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. You are only permitted
to use this Content as expressly authorized by AVC, its partner or the advertiser.
You may not copy, reproduce, distribute, or create derivative works from this
Content without the express written permission from AVC, its partner or the advertiser.
Grant of License
As long as you are not in breach of any terms or conditions of this agreement,
AVC grants you a revocable, non-exclusive right and license to access and use
Stickam for personal, noncommercial purposes only, or to purchase or sell Content,
using the PayPerLive™ service, or from third party merchants accessible via links
from Stickam.
User Content
By Posting Content to Stickam, you warrant and represent that you own
the rights to that Content or are otherwise authorized to Post, display, perform,
transmit, or otherwise distribute and sublicense that Content. If you are a
Stickam PayPerLive Host, you also warrant and represent that you have the right
to exploit that content. You or the owner of the Content retain ownership of
all right, title, and interest in Content that you Post, display, perform, transmit,
or otherwise distribute on Stickam. You grant AVC a license to use the Content
you Post on Stickam. By Posting, downloading, displaying, performing, transmitting,
or otherwise distributing Content on Stickam, you are granting AVC, its, affiliates,
and their subsidiaries, assigns, employees, agents and licensees the irrevocable,
perpetual, worldwide, royalty-free right to reproduce, display, perform, distribute,
adapt and promote this Content in any medium. This includes, without limitation,
the right to copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate, and reformat the Content. You will not be compensated
by AVC for any Content which you Post. You agree that AVC may publish or otherwise
disclose your name, or user name in connection with your Content.
Name and Likeness
By registering for and maintaining a Stickam Account, you grant to AVC, its affiliates,
subsidiaries, assigns, agents and licensees a non-exclusive license to use and
to permit others to use throughout the universe your professional name, likenesses,
other identifications, and biographical material Posted concerning you solely
in connection with the advertising and promotion of Stickam and AVC. You will
not be compensated for use of your name or likeness used in accordance with the
above.
Restrictions on Posting Content
You are solely responsible for all Content Posted by you and all Content Posted
under your user name, including, without limitation, photographs, audio files,
video files, and live streaming video, as well as any communication with other
members via the Stickam instant message service and Stickam internal email service.
You may use Stickam for lawful purposes only. You may not Post or transmit,
whether publicly or privately, any material that (a) is false, misleading, deceptive,
deceitful, or constitutes "bait and switch";(b) employs misleading email addresses,
or forged headers or otherwise manipulated identifiers in order to disguise the
origin of the Content Posted; (c) contains viruses, Trojan horses, worms, time
bombs, cancelbots, or any other harmful programs; (d) harasses, threatens, or
abuses another person; (e) is libelous, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane, indecent or otherwise objectionable; (f) violates
any applicable law restricting the export or import of data, software, or any
other content, or encourages conduct that would constitute a criminal offense;
(g) gives rise to civil liability; (h) advertises or otherwise solicits funds
or is a solicitation for goods or services, other than that which is incidental
to your use of the PayPerLive service; (i) that advertises any illegal service
or the sale of any items the sale of which is prohibited or restricted by any
applicable law; or (j) otherwise violates any applicable local, state, national
or foreign law or regulation.
Prohibited Uses
AVC imposes certain restrictions on your permissible use of Stickam. You are
prohibited from violating or attempting to violate any security feature of Stickam,
including, without limitation, (a) accessing Content or data not intended for
you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of Stickam or to breach
security or authentication measures without proper authorization; (c) interfering
or attempting to interfere with service to any user, host, or network, including,
without limitation, by means of submitting a virus, overloading, "flooding,"
"spamming," "mail bombing," or "crashing;" (d) using Stickam to send unsolicited
email, including, without limitation, promotions, or advertisements for products
or services; (e) forging the TCP/IP packet header or any part of the header information
in any email or in any Posting using Stickam; or (f) attempting to modify, reverse
engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to
a human-perceivable form any of the source code used by AVC in providing Stickam.
Any violation of system or network security may subject you to civil and/or criminal
liability. You also may not use Stickam to stalk or harass anyone, Post irrelevant
Content or repeatedly Post the same or similar Content.
Compliance with Intellectual Property Laws
When using Stickam, you agree to obey the law and to respect the intellectual
property rights of others. Your use of Stickam is at all times governed by and
subject to laws regarding copyright ownership and use of intellectual property.
You agree not to upload, download, display, perform, transmit, or otherwise distribute
any Content in violation of any third party’s copyrights, trademarks, or other
intellectual property or proprietary rights. You agree to abide by laws regarding
copyright ownership and use of intellectual property, and you shall be solely
responsible for any infringement of third party rights caused by any Content
you provide or transmit, or that is provided or transmitted using your user name.
The burden of proving that any Content does not violate any laws or third party
rights rests solely with you.
Alleged Violations
AVC reserves the right to terminate your use of Stickam at any time with or without
cause and with or without notice to you. To ensure that AVC provides a high
quality experience for you and for other users of Stickam, you agree that AVC
may access your account and records on a case-by-case basis to investigate complaints
or allegations of abuse, infringement of third party rights, or other unauthorized
uses of Stickam. AVC does not intend to disclose the existence or occurrence
of such an investigation unless required by law, but AVC reserves the right to
terminate your account or your access to Stickam and to delete all Content Posted
therein, with or without notice to you, and without liability to you, if AVC
believes that you have violated any of the Terms of Service, furnished AVC with
false or misleading information, or interfered with use of Stickam.
Reporting Certain Abuse to Law Enforcement
The Stickam service is intended for use by a general audience including children
as young as 14 years of age. Sexually explicit Content is strictly prohibited
on Stickam. The traffic data and personal information of Stickam Members who
Post sexually explicit material may be reported to law enforcement authorities
for prosecution under applicable criminal laws.
AVC fully complies with the Congressional mandate of 42 U.S.C. § 13032, which
requires us to report to the National Center
for Missing and Exploited Children, the facts and circumstances relating
to sexually explicit Content and other criminal offenses involving children under
the age of 18 which appears on Stickam. This includes, but is not limited to,
the Posting of sexually explicit material, (including without limitation, photos,
videos, and live Webcasts) depicting children under the age of 18.
Other types of abuse and violations of our Terms
of Service that may compromise the safety of our members, and which do
not fall within the Congressional mandate of 42 U.S.C. § 13032 may be reported
to local, national, or international law enforcement agencies in cooperation
with the Virtual Global
Taskforce.
No Duty to Monitor Content
AVC, in its sole discretion shall have the right (but not the duty) to monitor
the Content Posted on Stickam including, without limitation, the Content of
any communication that occurs on or through the Stickam instant message service
and the Stickam internal email service. AVC reserves the right to remove Content
that, in its sole judgment, does not meet its standards or does not comply
with this Agreement, or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of others, but
AVC is not responsible for any failure or delay in removing such Content.
Parental Control Protections
AVC is concerned about the safety and privacy of all Stickam users, especially
children. However, it is important to keep in mind that Stickam is intended
for broad general use and users may find that some Content available on Stickam
is offensive, indecent or objectionable. AVC cannot be held responsible for
any Content Posted by Stickam users which may be offensive, indecent or objectionable.
While AVC has established rules keeping children under the age of 14 from becoming
a member of Stickam, it is easy for children to lie about their age and thus
gain access to Content which may be inappropriate and unintended for them.
It is up to parents to properly supervise their children’s on-line activities.
Certain parental control protections are commercially available which can assist
parents in supervising their children’s on-line activities such as computer
hardware, software, and filtering services which can be used to block a child’s
access to on-line services such as Stickam. You can find tools that will assist
you in supervising your children’s on-line activities by clicking here.
Copyright Infringement
AVC has in place certain legally mandated procedures regarding allegations
of copyright infringement occurring on Stickam AVC has adopted a policy that
provides for the immediate suspension and/or termination of any Stickam user
who is found to have infringed on the rights of AVC, or of a third party, or
otherwise violated any intellectual property laws or regulations. AVC’s policy
is to investigate any allegations brought to its attention. If you have any
evidence, know, or have a good-faith belief that your rights have been violated
and you want AVC to delete, edit, or disable the material in question, you
must provide us with the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of the exclusive
right that is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed; (c) identification of the material that is
claimed to be infringing and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit us to locate the
material such as the URL or other specific location; (d) information reasonably
sufficient to permit us to contact you, such as an address, telephone number,
or e-mail address; (e) a statement that you have a good-faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; (f) a statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. For
this notification to be effective, you must provide it to AVC’s designated
Agent for Notice of Claimed Infringement. AVC’s agent designated to receive
notice of claims of copyright or other intellectual property infringement can
be contacted as follows:
By mail to:
Copyright Agent
Advanced Video Communications, Inc.
633 West 5th Street, Suite 6800
Los Angeles, California 90071
Or by email to: copyright@stickam.com
Other Businesses and Links to Other Sites
This website may provide links to the websites of third-party merchants, affiliated
companies, co-brand partners and other parties. These links are provided solely
as a convenience to you, and do not constitute an endorsement by AVC of the
content of such third-party sites nor of the business practices of such other
businesses, entities or individuals. AVC is not responsible for examining or
evaluating, and does not warrant or claim responsibility for in any way, the
products, services, offerings or business practices of any of these businesses,
entities or individuals or the content of their websites. You should carefully
review their privacy statements and other conditions of use.
AVC has no control over the business practices of any third-party merchant
or seller, nor does it control in any way the quality, safety or legality of
any Content listed for sale on Stickam or any business transaction that occurs
as a result of Content listed for sale on Stickam.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A PAYPERLIVE HOST OR OTHER MERCHANT
LISTED ON STICKAM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE
AVC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES
FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH SUCH A DISPUTE.
Use of Stickam Application Programming Interface (the "Stickam API")
Use of the Stickam API is also governed by our Stickam
API Terms of Use accessible at http://stickam.com/viewTermsAPI.do.
Privacy Policy
Use of Stickam is also governed by our Privacy
Policy accessible at http://stickam.com/about/privacy.do.
DISCLAIMER OF WARRANTIES
AVC cannot guarantee continuous or secure access to our services, and operation
of the site may be interfered with by numerous factors outside of our control.
Accordingly, to the extent legally permitted, AVC HEREBY DISCLAIMS ALL WARRANTIES.
AVC IS MAKING STICKAM AVAILABLE "AS IS," "WITH ALL FAULTS" AND "AS
AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVC, ITS AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE
OF, OR INABILITY TO USE, STICKAM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH STICKAM IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL. AVC DOES NOT WARRANT THAT STICKAM WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF STICKAM WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN STICKAM WILL BE CORRECTED.
LIMITED LIABILITY
AVC’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN
NO EVENT SHALL AVC, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE
STICKAM OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU. This limitation
shall apply regardless of whether the damages arise out of breach of contract,
tort, or any other legal theory or form of action.
Notwithstanding the foregoing, if we are found to be liable, our liability
to you or to any third party is limited to the greater of (a) the total fees
you paid to us in the Six (6) months prior to the action giving rise to the
liability, and (b) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
member disputes and Release
You are solely responsible for any disputes between you and other Members
INCLUDING WITHOUT LIMITATION, DISPUTES CONCERNING TRANSACTIONS WITH OTHER MEMBERS.
AVC reserves the right, but has no obligation to monitor or resolve disputes
between Members.
You will not hold AVC responsible for other users' content, actions
or inactions. You acknowledge that AVC is an interactive online service provider,
providing the stickam service to its users for the purpose of communicating
with other users and publishing user content including providing a VENUE which
can be used by anyone to offer, sell, and buy user content at prices set by
and agreed to by others, in a variety of pricing formats. AVC is not involved
in the actual transaction between buyers and sellers of content. We have no
control over and do not guarantee the quality, safety or legality of user content
advertised, the truth or accuracy of user content, the ability of sellers to
sell content, the ability of buyers to pay for content, or that a buyer or
seller will actually complete a transaction.
If you have a dispute with one or more users, you release AVC, ITS
AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS from
claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which
says: "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."
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD AVC, ITS AFFILIATES, AND THEIR OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY,
CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY
WITH RESPECT TO ANY TRANSACTION(S) YOU ARE INVOLVED IN WITH OTHER MEMBERS,
DUE TO OR ARISING FROM YOUR ACCESS TO OR USE OF STICKAM, YOUR VIOLATION OF
THESE TERMS OF SERVICE, YOUR BREACH ON ANY OF THE REPRESENTATIONS AND WARRANTIES
HEREIN, OR YOUR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Choice of Law and Forum
Stickam is controlled and operated by AVC from its offices in the State of
California. AVC makes no representation that Stickam is available or appropriate
for use in other locations. Your use of or access to Stickam should not be
construed as AVC purposefully availing itself of the benefits or privilege
of doing business in any state or jurisdiction other than California. The
validity, construction, interpretation and legal effect of this Agreement shall
be governed by the laws of the State of California without regard to its conflict
of laws provisions. If there is any dispute about or involving Stickam and/or
this Agreement, you agree to submit to the personal and exclusive jurisdiction
of the courts located within Los Angeles, California.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Modifications
AVC may, in its sole discretion and without prior notice, (a) revise this Agreement;
(b) modify Stickam, and (c) discontinue Stickam at any time. AVC shall Post
any revision to this Agreement to Stickam.com, and the revision shall be effective
immediately upon such Posting. You agree to review these Terms of Service and
other online guidelines Posted on Stickam periodically to be aware of any revisions.
You agree that, by continuing to use or access Stickam following the notice
of any revision, you shall abide by any such revision. Stickam shall not be
liable for any damages or losses related to the modification, cancellation
or termination of Stickam and/or this Agreement.
Other
All contents of Stickam are: copyright © Advanced Video Communications, Inc.,
633 W. 5th Street, Suite 6800, Los Angeles, California 90071. Nothing contained
on Stickam should be understood as granting you a license to use any of the
trademarks, servicemarks, or logos owned by AVC or by any other third party,
other than as provided by our Logo
Usage Policy accessible at http://www.stickam.com/about/logoUsage.do.
Inaction or failure by AVC to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision. If
any provision of this Agreement shall be held void, invalid or inoperative
by a court of law or judicial authorities, no other provision of this Agreement
shall be affected as a result thereof, and accordingly, the remaining provisions
of this Agreement shall remain in full force and effect as though such void,
invalid or inoperative provision had not been contained herein. Any cause
of action arising out of or related to Stickam and this Agreement must commence
within one (1) year after the cause of action arose; otherwise such cause of
action is permanently barred. The section headings in this Agreement are solely
for convenience and have no legal or contractual significance.
This Agreement was last modified October 16, 2008 |
