Terms of Use | Viralskool

TERMS OF USE AGREEMENT

(last updated on May 18, 2009)

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms and conditions for your use of the Services (defined below) offered by Crelligence Media LLC ("Crelligence"). The terms “we”, “us”, “our” and words of similar import refer to Crelligence. By browsing or accessing the Website (defined below) or otherwise using the Services, you agree to be bound by the terms of this Agreement.

Amendments. We may modify this Agreement from time to time and each such modification shall be effective: (1) upon posting by us on the Website, for all users who first use the Services (defined below) affected by such modification after the posting, or (2) thirty (30) days after posting by us on the Website, for all pre-existing users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.

Term. This Agreement shall remain in full force and effect while you use the Services or maintain an Account. Even after termination of this Agreement, all obligations will remain in effect until fully performed.

The Website and Services.

The Services. The services offered by us include our website which is currently located at www.viralskool.com (the "Website"), and any other features, content, or, applications offered from time to time by us in connection with the Website (collectively, the "Services").

Fees. You acknowledge that we reserve the right to charge fees for use of the Services and to change such fees from time to time in our discretion, upon notice to you at the then-current e-mail address in your account or by posting such information on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees.

General Practices Regarding Use and Storage. You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that messages, postings or other uploaded Content (defined below) will be retained by the Services, the file size of Content, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.

Advertisements. You understand and agree that the Services may include advertisements.

Modifications to Service. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Additional Terms. In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions, which terms shall be available prior to download. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, any additional terms are hereby incorporated into this Agreement.

Users and Accounts.

Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years old or older at the time of registration; and (d) your use of the Services does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of any of the Services.

Accounts: Eligible users may register a user account (an “Account”) with us. An Account may be required to access certain Services. We may terminate your Account at any time and for any reason, effective upon sending notice to you at the then-current e-mail address in your Account profile. You may terminate your Account at any time and for any reason by emailing us through our contact form. We will be in contact with you to confirm your information and help you delete your Account. You understand that termination your Account may result in deletion of certain information from our databases. We will not have any liability whatsoever to you for any termination of your Account or the deletion of any information related to such termination. Users agree to use only one Account when using the Services. Users agree to not create additional Accounts as a method of participating and/or engaging in any restricted behavior as defined within the terms of this Agreement or behavior that Crelligence deems inappropriate at any time. We reserve the right to determine what constitutes "inappropriate" behavior. Any user found creating one or more additional Accounts or engaging in inappropriate behavior may have their Account deleted. Additionally, we reserve the right to permanently ban offenders from the use of all Services. You agree that your Account is non-transferable.

Children: We are committed to protecting the privacy of children. The Services are not designed or intended to attract children under the age of 13 and children under such age will not be permitted to register with the Website. Your profile will be deleted without warning if we believe, for any reason, that you are younger than 13, and you will have to appeal such deletion by providing credible evidence of your age. We do not collect personal information from any person we actually know is under the age of 13.

Password. When you create an Account, you will be asked to choose a password. You are solely responsible for any and all use of your account. You are entirely responsible for maintaining the confidentiality of your password and agree not to share it with any other person. You agree not to use the Account, username, or password of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.

Responsibility. Your interactions with other users on the Services or with advertisers, clients and other third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or the advertiser. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any other user), we are under no obligation to become involved; however, we reserve the right to monitor disputes between you and other users.

Proprietary Rights.

Submitting Content. By posting Content on the Website or in connection with the use of the Services, you represent and warrant that: (i) you own all Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person. You may only upload Content that is in the public domain, is your original work of authorship or for which you have authorization to display. If you are unsure about the ownership of Content, do not post it.

By posting Content on the Website or in connection with the use of the Services, you automatically grant us a perpetual, royalty-free, non-exclusive, sublicensable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Content, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Crelligence shall have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all Content that you post or otherwise publish on the Website or in connection with the use of the Services. You hereby waive any and all claims against us for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with our use and publication of Content posted by you. This means that any Content posted by you to the Website may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you.

Prior to submitting certain types of Content, you may be required to accept additional terms and conditions which shall form a part of this Agreement. Content submitted for any project may be subject to terms or conditions specific to such project. You are solely responsible for any and all Content that is published, posted or displayed by or through your account on any Service and for your interactions with other users. We may delete any user Content in our sole discretion. "Content" means any and all postings, messages, text, files, photos, photo albums, video, sounds, works of authorship, feedback, bug reports or any other materials posted to the Website by a user.

Crelligence Content. Use of the Services may result in access to Content of Crelligence, its licensors and clients ("Crelligence Content", which includes any Content licensed by you to us). We and our licensors and clients own and retain all proprietary rights in the Crelligence Content and expressly claim rights in the Crelligence Content. We hereby grant you a limited, revocable, nonsublicensable license to (i) reproduce and display the Crelligence Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services, and (ii) links to and post Crelligence Content on other websites; provided that in so-linking or so-posting such Crelligence Content, no notices relating to ownership of the proprietary rights relating to such Crelligence Content are removed and such Crelligence Content is posted in its entirety (including any software code embedded by us in such Crelligence Content). We may grant additional rights to Content in specified pages of the Website, as specified on those pages.

Technological Protections. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services.

Non-Commercial Use. The Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by the management of Crelligence or in connection with Services expressly designated for commercial use. You will not engage in advertising to, or solicitation of, any user to buy or sell any products or services through any Service. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.

Infringement Notices and Takedown. We prohibit the posting of any Content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which we receive and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our designated agent who is:

[INSERT CONTACT INFORMATION]

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Third Party Content. Content from advertisers, clients, other users and other third parties is made available to you through the Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content. We take no responsibility for the content of any third party website even if a link to such website appears on our Website.

Trademarks

The trademarks, service marks and logos (the "Trademarks") used and displayed on the Website or in connection with the Services are registered and unregistered Trademarks of Crelligence or its licensors. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Crelligence intellectual property displayed on the Website. We aggressively enforce our intellectual property rights to the fullest extent of the law. The name Crelligence and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without prior written permission from us.

Copyrights. The copyright in all materials provided on the Website is held by Crelligence or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Crelligence or the copyright owner. Permission is granted to download one copy of the materials on this Website on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not "mirror" any material contained on the Website without our express written permission. Any unauthorized use of the materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All Content and functionality on the Website or relating to the Services, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Crelligence or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

5th Floor, Two Canal Park
Cambridge, MA 02141

Prohibited Activities.

Compliance with Law. You will use the Services in a manner consistent with any and all applicable laws and regulations.

User Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or (ii) introduce software or automated agents to the Services so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Services.

Prohibited Content. You may not post any illegal Content on the Website. We may also, from time to time, prohibit the posting of certain types of materials. We generally prohibit Content that in our sole discretion: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; (iv) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,"; (v) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vii) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (viii) provides instructional information about or promotes illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (x) except in connection with a Crelligence project, involves commercial activities and/or promotions such as campaign, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, trojan horses, worms, time bombs, corrupted files, or similar software; (xii) includes a photograph or video of another person that you have posted without the person’s consent; or (xiii) otherwise violates the terms of this Agreement or creates liability for Crelligence.

Review of Content by Crelligence. We have the right (but not the obligation) to review any Content and delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal, violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user.

Certain Liability Matters.

Disclaimers. We are not responsible for any incorrect or inaccurate Content posted on the Services, whether caused by users or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume 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 or user communication. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including 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 Crelligence be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to users, or any interactions between users of the Services, whether online or offline.

THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

Limitation on Liability. IN NO EVENT SHALL CRELLIGENCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS YOU PAID TO CRELLIGENCE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.

Release. You hereby release Crelligence and its clients and affiliates and their respective shareholders, officers, directors, managers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other users, (ii) the use of the Services, or (iii) participation in any Crelligence project.

If you are a California resident, you hereby waive California Civil Code Section 1542, 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."

Indemnity. You agree to defend, indemnify, and hold Crelligence and its clients and affiliates and their respective shareholders, officers, directors, managers, employees, agents and successors, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.

Miscellaneous.

U.S. Export Controls. Software available in connection with the Services (the "Software") is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.

Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Services shall be instituted exclusively in a state or federal court located in Massachusetts. You and Crelligence agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Entire Agreement; Waiver; Headings. This Agreement constitutes the entire agreement between you and Crelligence regarding the use of the Services. The failure of Crelligence 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. Please contact us with any questions regarding this Agreement. You may also receive a copy of this Agreement (in ASCII text format) by please contacting member support.

No Third-Party Beneficiaries. You agree that there shall be no third-party beneficiaries to this Agreement.

Notice. We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Service.

Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

Investigation; Enforcement. We reserve the right (but have no obligation) to investigate and take appropriate legal action at its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing the prohibited Content from the Services, terminating your Account, reporting you to law enforcement authorities, and taking legal action against you.

Assignment. You may not assign this Agreement. All rights you may have under this Agreement automatically terminate upon your death.