Terms of Wetpaint UseThis is a featured page

Last updated: October 26, 2007
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE



1. INTRODUCTION

Welcome to a Wetpaint site hosted on a network of websites and created with technology developed by wetpaint.com, inc. ("Wetpaint")(the "Site"). Wetpaint provides online collaborative website services to you on our Site subject to the following Terms of Use. By using our Site, you signify that you have read, understand, and agree to be legally bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. The Site will provide notice of material changes to these Terms of Use by updating the "Last updated" date set forth above. If you do not agree to abide by these or any future Terms of Use, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. We encourage you to review the Terms of Use each time you visit the Site to see if it has been updated since your last visit.


2. SUBMISSIONS

You understand and agree that all postings, comments, edits, feedback, suggestions, ideas, photographs, images, notes, drawings, concepts, and other information, content, or materials posted on, transmitted through, or linked from the Site, either online or offline and whether or not solicited by the Site (collectively, "Submissions"), are the sole responsibility of the person from whom such Submissions originated. The Site is and shall be under no obligation (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise; (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. The Site shall not be liable for any use, non-use, or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
As part of its product platform, Wetpaint offers a "private sites" option to our users. Wetpaint has taken certain technical measures to protect the privacy of these sites and to prevent unauthorized viewing of their content. However, Wetpaint does not guarantee that private sites are completely secure. These sites may be vulnerable to hostile cyber hacking by third parties and therefore should be used at your own risk.
Wetpaint reserves the right to remove sites from public view, delete, or purge the content with or without cause, with or without notice if we determine in our sole discretion that the content is harmful, offensive, illegal, or inappropriate for the subject matter of the Site. Furthermore, Wetpaint may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, and with or without notice.


3. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT

Wetpaint respects the intellectual property of others and we require our users to do the same. If you believe that any material on the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another website containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Copyright Agent as set forth below.Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement Wetpaint will respond expeditiously to notices of alleged infringement that are reported to Wetpaint's Designated Agent. Contact Wetpaint's Designated Agent as follows:
Designated Copyright Agent
307 Third Avenue South, Suite 300
Seattle, WA 98104

Phone: (206) 859-6349
Fax: (206) 859-6301
Email: copyright@wetpaint.com
Information pertaining to Wetpaint's Designated Agent can also be found at: http://www.copyright.gov/onlinesp/list/w_agents.html.
If you believe that your copyright has been infringed upon, please submit written notification to Wetpaint’s Designated Agent as specified above and include the following:
  • Identification of the copyrighted work claimed to have been infringed upon, 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 you’re claiming has been infringed upon 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 us to locate the material.
  • Your full name, mailing address, telephone number, and, if available, email address.
  • Both of the following statements:
    • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use).”
    • “I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed.”
  • Your full legal name and your electronic or physical signature.


Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found on the U.S. Copyright office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, Wetpaint has adopted a policy of banning, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Wetpaint may also at its sole discretion limit access to any website hosted by Wetpaint and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
Counter Policy: A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Wetpaint receives a counter-notification, it may in its sole discretion reinstate the material in question. To provide a counter-notification, please submit written notification to Wetpaint’s Designated Agent as specified above and include the following:
  • Identification of the material that has been removed or to which access has been disabled by Wetpaint and the location at which the material appeared before it was removed or access was disabled.
  • A statement as follows: “I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled.”
  • Your full name, mailing address, telephone number, and, if available, email address.
  • A statement as follows: “I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if any address is outside the United States, for any judicial district in which Wetpaint may be found, and I will accept service of process from the complaining party who notified Wetpaint of the alleged infringement or an agent of such person.”
  • Your full legal name and your electronic or physical signature.


4. USER CONDUCT

You agree to not use the Site to:
  • Upload, post, email, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
  • Harm minors in any way;
  • Create a Wetpaint site that is directed to an audience under 13 years of age;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  • Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," 'pyramid schemes," or any other form of solicitation;
  • Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
  • Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
  • "Stalk" or otherwise harass another; or
  • Collect or store unauthorized personal data about other users.


Please refer to our Code of Conduct for more general guidelines on appropriate community behavior.


5. PROPRIETARY RIGHTS

Copyrights. This Site is protected to the maximum extent permitted by copyright laws and international treaties. The collective Submissions and content displayed on or through the Site, and selective organization of the same, is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions (the "Collective Content"). Any reproduction, modification, creation of derivative works from or redistribution of the Collective Content, and/or copying or reproducing the Collective Content or any portion thereof, except as provided below, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Wetpaint. The Collective Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without either: a) complying with the terms of this Agreement; or b) Wetpaint’s prior written permission.
Although Wetpaint does not claim ownership of Submissions that its users post, by posting or submitting Submissions to the Site, you automatically grant and represent and warrant that you have the right to grant to Wetpaint an


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