WEB SITE USE AGREEMENT
This Internet Web Site Use Agreement (the "Agreement") is between you and SocialCross.org (“SC”) with a principal place of business at 105 Jamestown Dr. Piney Flats, TN 37686. Use of the SocialCross Internet Web site signifies your agreement to the terms and conditions of use set forth below in the Agreement:
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SocialCross WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the SocialCross Website.
Modification of Agreement
(4) The SocialCross Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the SocialCross Web Site, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon (“Content”), are provided AS IS, only for your information and personal, non-commercial use. All Content contained on the SocialCross Web Site is protected by copyright, and are owned or controlled by SocialCross or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the SocialCross Web Site. You may download and make one (1) copy of the Content and other downloadable items displayed on this SocialCross Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly
prohibited, and Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever, without the prior written permission from SocialCross or the copyright holder identified in the individual Content's copyright notice.
(5) In order to register as a user (“User” or “Users”) with SocialCross, you must be at least thirteen (13) years old. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with SocialCross is true and complete. Your registration will take effect upon acceptance of your registration form by SocialCross. Other terms and conditions may apply to your registration as posted from time-to-time on the SocialCross Web Site. You may terminate your registration at any time, for any reason. SocialCross reserves the right to reject and to terminate your registration and use of the SocialCross Web Site at any time, for any reason without notice to you. SC also reserves the right to provide notices and alerts to users from time to time about use of the website and information on feature updates and changes.
Rights To User Submitted Content / “Communications”
(6) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the SocialCross Web Site, you hereby grant to SocialCross a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, incorporate into any works, and otherwise exploit such Communications, in all media (photos, videos, audio files, text and other materials) now known or hereafter developed whether as a part of SocialCross.org or otherwise including but not limited to social media. You hereby waive all rights to any claim against SocialCross for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge and agree that transmission to and from the SocialCross Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to SocialCross, no confidential, fiduciary, contractually implied or other relationship is created between you and SocialCross other than pursuant to this Agreement. You acknowledge and agree that (i) SocialCross has no obligation to use or respond to any Communications; (ii) SocialCross does not and shall not have any obligation to preview or review any Communications; (iii) SocialCross does not assure the accuracy or quality of Communications, or that harmful offensive, unlawful or otherwise objectionable Communications will not appear on the SocialCross Web Site; (iv) SocialCross may monitor any or all Communications in its sole discretion; (v) SocialCross may remove any
Communications, in whole or in part, from the SocialCross Web Site; and (vi) SocialCross may exclude any person from further use of the SocialCross Web Site. The responsibility for Communications is that of the persons transmitting same to the SocialCross Web Site. SocialCross disclaims any responsibility for any inappropriate statements or material or any incorrect information contained in any Communications. You represent and warrant that: (a) you have all rights in and to your Communications (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your Communications to the SocialCross Web Site and grant the rights to your Communications provided
in this Agreement, and (ii) your Communications to be posted and transmitted to and through the SocialCross Web Site, for the purposes authorized under this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your Communications in the manner authorized under this Agreement, and (c) the posting and transmission of your Communications on and through the SC Web Site for the purposes authorized under this Agreement do not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity, or violate any law, rule, regulatio or order.
Use of Web Site
(7) You agree not to: (a) initiate or operate any sweepstakes, contests, gambling, barter or pyramid schemes on or through the SocialCross Web Site; (b) solicit personal identifying information for unlawful purposes from other Users; (c) transmit any form of chain letters, spam or junk email to other Users; (d) use any information obtained from or through the SC Web Site (i) to abuse, harass, or harm another person, or (ii) for any illegal activity, (e) use the SocialCross Web Site for, or conduct on or through the SocialCross Web Site, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the SocialCross Web Site. SocialCross reserves the right to restrict the number of emails which a User may send to other Users in any twenty-four (24) hour period to a number which SocialCross deems appropriate in its sole discretion. If you send unsolicited bulk email, spam, instant messages or other unsolicited communications of any kind through the SocialCross Web Site you acknowledge that you will have caused substantial harm to SocialCross and/or the SocialCross Web Site that will be difficult, if not impossible, to ascertain, entitling SocialCross to seek an injunction from a court of competent jurisdiction, prohibiting any such improper or unauthorized acts, in addition to such other rights and remedies as may be available to SocialCross. While SocialCross assumes no responsibility for monitoring the SocialCross Web Site, it will, when it deems it appropriate, investigate activity in connection with the SocialCross Web Site that SocialCross believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by SocialCross, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. SocialCross reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.
Disputes Between Users
(8) The resolution of disputes that may arise between Users is the sole responsibility of the Users, and SocialCross has no liability or obligation with respect to any such disputes.
(9) “SocialCross” and the “SocialCross” logo are registered trademarks and/or service marks of SocialCross. All other trademarks, service marks and logos used on the SocialCross Web Site are owned by SocialCross or used with permission of their respective owners.
Changes to SocialCross Web Site
(10) SocialCross may change, suspend or discontinue any aspect of the SocialCross Web Site at any time, including the availability of any SocialCross Web Site feature, database, or Content. SocialCross may also impose limits on certain features and services or restrict your access to parts or all of the SocialCross Web Site without notice or liability.
(11) You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through the SocialCross Web Site any materials which (i) restrict or inhibit any other User from using and enjoying the SocialCross Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, insulting, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment, (vi) constitute or contain false or misleading indications of origin or statements of fact; and (b) you are at least thirteen (13) years old or have the consent of your parent or guardian.
Copyright Infringement Complaints
(12) If you are a copyright owner or an agent thereof and believe any Communications or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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;
(c) 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;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic 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; and
(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. SocialCross's designated Copyright Agent to receive notifications of claimed infringement is: Attn: Amanda Penkoski. SocialCross., 105 Jamestown Dr. Piney Flats TN 37686 Amanda.Penkoski@socialcross.org.