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SKWIBBLE.COM

TERMS OF USE

THIS IS A CONTRACT BETWEEN THE USER OF THIS WEBSITE AND SKWIBBLE, LLC. BY USING THIS WEBSITE YOU AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS OF THIS CONTRACT. IT IS IMPORTANT THAT YOU READ THIS CONTRACT CAREFULLY BEFORE SIGNING UP TO USE THIS WEBSITE.

This website ("Website") is operated by Skwibble, LLC (“us” or “our”). By accessing and using this Website, the website visitor or user ("you") agree to each of the terms and conditions set forth here and agree to abide by the rules, policies, and procedures as set forth and published on this Website. Additional terms and conditions for certain areas of this Website or for particular transactions are posted in those areas or in connection with a particular transaction, and together with these Terms of Use govern your use of those areas and/or transactions. All such terms and conditions are hereby incorporated by reference into these Terms of Use.

If you do not understand or agree with these Terms of Use, do not use the Website and do not sign up to be a member of the Website. If you have any questions or concerns regarding these Terms of Use, please contact us by emailing us at info@Skwibble.com.

Skwibble, LLC reserves the right to modify these Terms of Use at any time without notifying you in advance. Your use of this site following any modification of these Terms of Use constitutes your agreement to be bound by the Terms of Use as modified. The most recent date of revision of these Terms of Use is set forth below.

You may not use this Website for any unlawful purpose. You may not use this Website for any purpose that is prohibited by your national, state, or local laws or regulations or to facilitate the violation of any law or regulation.

The information and features included in this Website are for personal use and entertainment purposes only. Business use of the website is not prohibited; however, Skwibble, LLC does NOT accept liability for any failure cause by the Website. The information and features are subject to change at any time without notice.

Skwibble, LLC will use commercially reasonable efforts to maintain this Website and the information stored here in an accurate and up-to-date manner. Skwibble, LLC will use commercially reasonable efforts to keep the services provided by this Website up and running whenever possible. However, this Website and all information and services provided herein are offered "AS IS."

By accessing or linking to this Website, you agree to assume the risk that the information and/or services on this Website may be incomplete, inaccurate, out of date, unavailable, or may not meet your needs and requirements.

TABLE OF CONTENTS

SKWIBBLE, LLC INTELLECTUAL PROPERTY

Trademarks

You may not copy, display, or use any of the trademarks or logos appearing on this Website without written permission from the trademark owner. SKWIBBLE® is the registered trademark of Skwibble, LLC. All other trademarks displayed on this Website are the property of their respective owners and are used with permission.

Copyrights and other Intellectual Property

You hereby acknowledge that this Website contains content (including but not limited to graphic, digital and multimedia representations of art, photographs, images, Flash, words, music, video and other protectable works) that are valuable intellectual property of Skwibble, LLC, its licensors and affiliates. You further acknowledge that the content on this Website is protected by U.S. and/or other Intellectual Property laws, and belongs to Skwibble, LLC or its partners, affiliates, contributors and/or third parties.

You may use the content of this website in the manner in which it is offered, that means viewing the website content, sending invitations, cards, reminders, and other notices to yourself or others; keeping a personal address book; keeping a personal calendar; finding out about products and services available and advertised in the Skwibbles®. However, you may not reproduce the content for online or offline commercial use, or for any use outside the proscribed uses provided by the Website. You may not alter or manipulate the content on this site in any way without specific written permission from Skwibble, LLC or the rights owner.

User Supplied Content: Intellectual Property

You may submit proposed Skwibbles® and other content to the Website gratuitously for our consideration. Information on format and our submissions guidelines will tell you how. If we like your work, we may add it to the official Skwibble® collection! If we accept your Skwibble® it will be posted in the public gallery and you will receive acknowledgment. Skwibble, LLC and skwibble.com do not compensate artists or authors for unsolicited submissions.

If your submission is accepted, SKWIBBLE, LLC ACQUIRES ALL RIGHTS to the work, including the right to create derivative works, embed advertising in the work, and license and/or resell the work.

We rely on you to submit only ORIGINAL work to skwibble.com. Only registered users may submit a Skwibble®. Users who violate this policy will have their account terminated.

If you believe that anything you see on the Website infringes your intellectual property rights, please submit a notice containing at least the following information to the address indicated and request a “take down” of the material in compliance with the Digital Millennium Copyright Act (DMCA) as follows:

DMCA: Take Down Notice

All users of the Website agree to accommodate and not interfere with “standard” technical measures installed by copyright holders to identify and protect copyrighted works on this Website. Doing so is a violation of U.S. Copyright law.

With sufficient notice as required by the Digital Millennium Copyright Act (DMCA), we agree to take down any allegedly infringing work posted on the Website. Sufficient notice under the DMCA requires (that you):

(1) Provide clear identification of the work infringed (or a representative sample, if there are many). The identification must be sufficiently certain identification so we can find the infringing work;

(2) Provides contact information of the notifier;

(3) Includes a statement that the notifier has a good faith belief that the work infringes a particular copyrighted work;

(4) A statement that information in the notice is accurate under penalty of perjury, signed by either by the copyright owner or someone that is authorized to act on behalf of owner.

(5) Signature of the person providing the notice;

Our agent for service of process of a take down notice under the DMCA is:

Mr. Derek Shields

4111 West Alameda Ave.,

Burbank, CA 91505

818-848-5330

ipviolation@skwibble.com

RESTRICTIONS ON USE

Eligibility

By registering to use this Website and its services you represent that you are at least 13 years of age, that you have the legal capacity to enter into this Agreement (that is, you are legally old enough to sign a binding contract in the state or country where you live.) You agree to abide by these Terms of Use, as well as all the other terms, policies, conditions and other requirements specified on this Website which are incorporated herein by reference.

For use of this Website by children ages 13 to 17, we recommend parental supervision at all times. Parents in many states may be held liable for the actions of their minor children on the Internet.

Use of the Website by Minors

The Website does not allow for the creation of an Online Account by a person under the age of thirteen. Persons age thirteen (13) to eighteen (17) agree that their use of this Website will be monitored by a parent or guardian.

Parents wishing access to or deletion of their children's Website account should contact Skwibble, LLC at info@skwibble.com.

Abuse of the Website

You agree not to use the Website to spam, hack, phish, spoof, send chain letters, create pyramid schemes, threaten, harass or engage in any illegal activity. You agree not to misrepresent your identity when using the Website invitation service. Abuse or misuse of the Invitation service is strictly prohibited and Skwibble, LLC reserves the right to terminate your account without notice, as well as to pursue all remedies available to it under law. Use of software robots ("bots") or other software programs to data mine the Website, its intellectual property, or the Website's database is strictly prohibited.

USE SKWIBBLE.COM SERVICES

Intellectual Property License Granted

Users of the Skwibble® Invitation Service and other services and tools available on the Website are granted a limited, non-exclusive royalty free license to use and publish the intellectual property in selected Skwibble, LLC Intellectual Property.

You are not licensed to download, copy (other than caching) or otherwise acquiring Skwibble, LLC content without the express written permission of Skwibble, LLC. This includes any software tools provided for creating or editing content on skwibble.com. You agree that any material you submit to the Website or Skwibble, LLC immediately becomes the property of Skwibble, LLC upon receipt, and you as a user will be granted a limited, non-exclusive royalty free license back to the material for use in the Skwibble® Invitation Service if and when it is posted on skwibble.com.

You hereby grant Skwibble, LLC all rights necessary in any content or information you create using the Website to allow it to fulfill its stated purpose. Every submission becomes the exclusive property of Skwibble, LLC.

Disclosing your Personal Information

You agree that Skwibble, LLC may have access to and license to use and copy any personally identifiable information you provide during the sign up process for the uses as stated in its various policies published on the Website. You also grant Skwibble, LLC access to and license to use and copy the address book you create using the Website for purposes as stated in the policies published on the Website.

Skwibble, LLC is not liable for any injury resulting from your disclosure of your Personal Information (such as your address, phone number, and email address) to others through a Skwibble® invitation. You agree that any information you place in a Skwibble® invitation sent intentionally or unintentionally, is done at your own risk.

Community Behavior Standards

Skwibble, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or registrations in its sole discretion and without prior notice if it receives complaints or otherwise detects offensive messages or content from any registered Skwibble® user. You agree to comply with all the Skwibble® Community Behavior Standards posted elsewhere on this Website. Violations of the Standards are determined at the sole discretion of skwibble.com and Skwibble, LLC.

Your Online Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and agree to accept responsibility for all activity that occurs through use of your account and password.

Skwibble, LLC is not responsible for unauthorized use of your account and password by another, whether on this Website, or through various social networking or other linked websites.

Skwibble, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or registrations in its sole discretion and without prior notice.

PURCHASE OF GOODS THROUGH SKWIBBLE.COM ADVERTISING LINKS

This Website provides links to goods and services of third party vendors. Skwibble, LLC shall not be liable for any transaction between a Website user and a third party vendor that occurs through a link from a Skwibble® or advertisement. This limitation includes but is not limited to transmission failure, payment, delivery, fraud, identity theft or any other risk inherent in any Internet transaction. Transactions between Website users and third party vendors are solely between the parties involved, who assume all risks thereof.

YOUR SUBMISSIONS/CONTRIBUTIONS TO SKWIBBLE.COM

Subject to our Privacy Policy, transmitting, sending, emailing, mailing and/or posting any communication, design, photograph, graphic, text or data (“materials”) to or through the Website and/or by the Skwibble® Invitation Service or otherwise through this Website will be considered a submission of the material to Skwibble, LLC. Materials as used here may include, but is not limited to, any Skwibble®, proposed Skwibble®, artwork, music, photograph, video, audio file, text message, email, data, questions, comments, suggestions, personally identifying information or the like. All submitted materials will be treated as non-confidential and non-proprietary. Thus, subject to our posted Privacy Policy, anything you transmit, submit and/or post to this Website may be used by Skwibble, LLC for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, sale, licensing, sub-licensing and posting.

In addition, and subject only to the terms of the Privacy Policy, Skwibble, LLC is free to use any submitted material including ideas, concepts, know-how or techniques contained in any communication or materials you send to this Website and/or Skwibble, LLC, for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information.

By submitting materials to this Website or Skwibble, LLC, you represent that such materials are original with you and do not violate the rights of any third parties, including, without limitation, any Intellectual Property rights (copyright, patent, trademark and/or trade secret) and rights of publicity and/or privacy. In submitting any materials to this Website or Skwibble, LLC, and particularly any creative content, you hereby grant an unlimited, exclusive, transferable, assignable royalty free world-wide copyright license in the submitted material to Skwibble, LLC. This applies equally to content uploaded in substantially complete form, as well as content created using tools provided by skwibble.com.

All submissions to this Website and/or Skwibble, LLC shall become the sole property of Skwibble, LLC and will not be returned.

Skwibble, LLC reserves the right to, but is not obligated to, delete, move or edit content, in whole or in part, submitted by you to the Website and/or Skwibble, LLC for any reason, including a determination by us, in our sole discretion, that such content, is abusive, defamatory, obscene, in violation of Intellectual Property, privacy or other proprietary rights, or violates any of these Terms of Use.

IF YOU BELIEVE THAT THERE HAS BEEN A PATENT, COPYRIGHT, TRADEMARK OR TRADE SECRET VIOLATION OF YOUR RIGHTS BY THIS WEBSITE, PLEASE CONTACT OUR STAFF IMMEDIATELY AT ipviolation@skwibble.com.

OUR LINKING POLICY

This Website contains Intellectual Property that is protected from unauthorized use, copying and dissemination by U.S. copyright, trademark and other laws. If you link to this Website, we require that you follow these guidelines. The link to this Website must not damage, dilute or tarnish the goodwill associated with any Skwibble® and/or its Intellectual Property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Skwibble, LLC. Under no circumstances may you "frame" this Website or alter its Intellectual Property or content in any other way. Skwibble, LLC reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this Website and/or these Terms of Use.

Skwibble, LLC is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform us of any errors or inappropriate material found on websites to which this Website is linked.

LEGAL DISCLAIMERS/LIMITATIONS ON LIABILITY

Indemnification

You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless Skwibble, LLC, its affiliates, employees, agents and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms of Use.

Disclaimer of Warranties

SKWIBBLE, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. SKWIBBLE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. SKWIBBLE, LLC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. SKWIBBLE, LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

IN NO EVENT WILL SKWIBBLE, LLC BE LIABLE TO A USER OF THIS WEBSITE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) ANY MISSED REMINDER OR NOTICE THE SYSTEM FAILED TO GENERATE (6) ANY HARM OR TORT CAUSED BY ANOTHER USER OF THE WEBSITE, WHETHER INTENTIONAL OR NEGLIGENT OR (7) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF SKWIBBLE, LLC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SKWIBBLE, LLC'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, SERVICE OR CONTENT BETWEEN SKWIBBLE, LLC AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE CONSUMER ARBITRATION RULES AND MEDIATION PROCEDURES OF THE LOS ANGELES, CALIFORNIA REGIONAL OFFICE OF THE AMERICAN ARBITRATION ASSOCIATION.

This Terms of Use policy was last published on 9/30/2009.

© 2008, 2010 Skwibble, LLC.

What is Skwibbe? Skwibble is a place to explore, to create, and share events, cards and services by combining images, graphics, text, music and video.
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