Last Modified: September 30, 2016
IF YOU DO NOT AGREE TO BE BOUND THEN YOU ARE REQUIRED TO CEASE ALL USE OF THE WEBSITE AND ITS CONTENT. IF YOU HAVE INSTALLED A STICKYFOLIOS PRODUCT/APPLICATION ON ANY DEVICE, YOU MUST REMOVE THE PRODUCT/APPLICATION FROM YOUR DEVICE AND CEASE ALL USE OF THE SOFTWARE.
2. Website License. StickyAlbums grants to You, and You do hereby accept, a limited, nontransferable, revocable license to access and make use of this Website in exchange for the Subscription Fee. You agree not to modify, alter, adjust, change, or amend the Website in any way other than as contemplated in Sections 1 and 2. Upon registering with StickyFolios, you will be assigned one (1) user account. You are limited to one account per person. StickyFolios provides Registered Users with the service of building one or more custom portfolio websites optimized for all devices (a “StickyFolio”). You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right under the provisions of Section 4, and at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use. You acknowledge that we reserve the right to convert any All-Access User account to a Free User account upon non-receipt of a subscription fee. Furthermore, we reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any photography, videos and content associated therewith, if the account has been inactive for a twelve (12) month period. Do not rely upon this Site as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
This license does not include:
• the right to resale or commercially use this Website or its contents;
• the right to make any derivative use of this site or its contents;
• the right to any downloading or copying of information for the benefit of another merchant;
• the right to use data mining, robots, spider, offline readers, or similar data gathering and extraction tools;
• the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the site or any portion of this site for any commercial purpose except as set forth herein;
• the right to frame or utilize framing techniques to enclose any non-owned copyrighted material, trademark, logo, or other proprietary information (including images, text, page layout, or form) of StickyAlbums, Inc. or any other rights holder; or
• the right to use any meta tags or any other “hidden text” utilizing the name or trademarks of any third party rights holder without their express written consent.
• the right to use the website for unauthorized or unsolicited junk, bulk email, or spamming.
• the right to reverse engineer or otherwise decipher, decompile or derive any source code or underlying algorithms or ideas of any part of the website.
• The right to engage in any of the activities prohibited in Section 4.
Engaging in any unauthorized use terminates the permission or license granted herein.
3. Image and Video Content and Copyrights. In creating a StickyFolio using the StickyFolios proprietary software, you will be able to use your own photographs and videos (collectively, “Image and Video Content”) within the StickyFolios or StickyFolios. Image and Video Content has associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image and Video Content. Image and Video Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image and Video Content, then you must get permission from the creator of the Image and Video Content or the copyright holder to use the Image and Video Content in a StickyFolio, as further described in Section 4 below. All StickyFolios content (other than the photography and video provided by the User), compilation of content, and software included or used on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of StickyAlbums or its content suppliers and are protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on this site, without the express written permission of StickyAlbums. This Agreement does not transfer from StickyAlbums to you any StickyAlbums or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with StickyAlbums or the other third part rights holder. Any trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of StickyAlbums or other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any StickyAlbums or third-party trademarks.
4. Violation of Intellectual Property Rights, Other Prohibited Uses and Activities. StickyAlbums considers certain User activity to be unlawful and therefore strictly prohibited. You agree to obey all applicable rules and regulations in using the Website, and agree that you are responsible for the contents of your submissions or communications through the site, including the Image and Video Content and rights to publish them. (“Submissions”). The examples listed herein are non-exclusive and are provided solely for guidance to You. StickyAlbums, at its sole discretion, reserves the right to discontinue service for any unlawful use. You agree to indemnify StickyAlbums for any such violation of this Section or any other Federal, State or local law, pursuant to Section 7 below. In the event of uncertainty as to whether any contemplated use or activity is permitted, please contact a customer service representative for assistance. In addition to any other illegal uses or activities, the following constitute violations:
• Copyright, Patent or Trademark Infringement: Using StickyFolios to transmit or post any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any rights holder without their express authorization, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of digital or other photographs from magazines, books, or other copyrighted sources, the digitization and distribution of any other form of copyrighted image or trademark, and the unauthorized transmittal of any other form of intellectual property.
• Violation of the Digital Millennium Copyright Act (DMCA): Using StickyFolios to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections.
• Unlawful Use: Using Website in any manner that violates local, state or federal law, including without limitation using StickyFolios to transmit any material whose transmission is unlawful under any local, state or federal law applicable to such transmission.
• Harm to Minors: Using StickyFolios to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.
• Threats: Using StickyFolios to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.
• Harassment and Cyberbullying: Using StickyFolios to transmit any material (by e-mail or otherwise) that harasses another under any Federal, State or local law.
• Fraudulent Activity: Using StickyFolios Service to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes”, unregistered sales of securities, securities fraud and “chain letters.”
• Forgery or Impersonation: Adding, removing or modifying identifying network, message or article header information in an effort to deceive or mislead is prohibited while using StickyFolios. Attempting to impersonate any person by using forged headers or other identifying information within StickyFolios is prohibited.
• Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using StickyFolios in any way to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail, including the use of the StickyFolios or StickyAlbums URL or trademark in any such mass email. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are prohibited.
• Collection of Personal Data: Using StickyFolios to collect, or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable state or federal law.
5. Reporting Copyright Violations. If you are believe that a User of the Website has violated or is violating your copyright rights due to that User’s illegal, unlawful, or otherwise improper conduct, you (the copyright owner) or your agent may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(3) (“DMCA”) by providing our Copyright Agent with the following information in writing:
• a 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 You, such as an address, telephone number, and, if available, an electronic mail;
• 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
• 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.
You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
StickyAlbums’s designated Agent to receive notifications of claimed infringement is:
Attorney and Designated Agent for StickyAlbums, Inc.
Davis Brown Law Firm
215 10th Street, Ste. 1300
Des Moines, Iowa 50309
Failure to comply with all of the requirements of the foregoing, may result in the waiver or invalidity of the DMCA. You may be liable for damages, including court costs and attorneys fees if you materially misrepresent that content on the Website constitutes copyright infringement.
StickyAlbums will advise the alleged infringer of the DMCA statutory counter-notification procedure as described in the DMCA, at which time the alleged infringer may respond to your claim and ask that the content at issue be restored.
Upon receiving your notification of alleged copyright infringement, as set forth above, StickyAlbums will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. In accordance with the DMCA, StickyAlbums has implemented a policy to terminated, when appropriate, access to the Website of any repeat infringer. As stated above, StickyAlbums may terminate the access of any User at any time for any or no reason.
6. Indemnification. You agree to indemnify and hold StickyAlbums harmless from any civil or criminal claim or demand, made pursuant to the provisions of this document, Section 4 above, under the DMCA, under The Copyright Act of 1976, the Lanham Act, under any other intellectual property law or right, or any other civil claim arising under any other statute or law, including reasonable attorneys’ fees, made by any third party or Federal Agency due to or arising out of Your uploading of content or submission, Your breach of this Agreement, Your use of this Website or Your violation of any law or the rights of any third party in any way, including but in no way exclusively arising from intellectual property infringement, violations of privacy or the right of publicity, or any other property, contract or tort theory under law.
7. Personal Information. You hereby agree and acknowledge that StickyAlbums may utilize electronic means of information capture and usage such as cookies, domain name and host capture, browser software capture, IP address capture, and the like. StickyAlbums reserves the right to collect and use such information in accordance with generally accepted industry practices. If You actively submit personal information to StickyAlbums, StickyAlbums shall use commercially reasonable efforts to safeguard and protect such information and to use such information only for the purposes intended; however, YOU ACKNOWLEDGE THAT THE SUBMISSION OF ANY INFORMATION PERSONAL TO YOU OR ANY THIRD PARTY IS AT YOUR RISK AND THAT STICKYALBUMS, ITS OWNERS, AGENTS AND SUBSIDIARIES WAIVE ANY AND ALL WARRANTIES AND LIMITS ALL LIABILITY ASSOCIATED WITH SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.
8. Disclaimer of Warranties and Waivers, Duty to Monitor. THIS SITE IS PROVIDED “AS IS” THE PROPRIETOR MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS, CONTENT, SOFTWARE, INFORMATION, OR SERVICES PROVIDED HEREIN, ALL SUCH EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. THE PROPRIETOR DOES NOT WARRANT THAT THE SITE IS FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELECTRONIC OBJECTS AND COMPONENTS. THE PROPRIETOR SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES. AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, USER EXPRESSLY AGREES THAT USER’S USE OF THIS SITE IS AT USER’S SOLE RISK. YOU UNDERSTAND THAT WHEN USING THE WEBSITE, YOU WILL BE EXPOSED TO MATERIAL THAT MAY BE OR IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE TO YOU. STICKYALBUMS IS NOT RESPONSIBLE FOR THE FOREGOING AS WELL AS ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO USER SUBMISSIONS. STICKYALBUMS HAS NO DUTY TO MONITOR THE CONTENT OF SUBMISSIONS. YOU HEREBY AGREE TO WAIVE ANY AND ALL LEGAL OR EQUITABLE RIGHTS OR REMEDIES THAT YOU MAY HAVE OR MAY HAVE AGAINST STICKYALBUMS WITH RESPECT THERETO.
9. Applicable Law. By visiting this site, You agree that any disputes concerning or involving these Conditions of Use, or the use of this site, shall be governed in accordance with the laws of the State of Minnesota. You hereby consent to the personal jurisdiction of the courts of the State of Minnesota for resolution of all disputes concerning or involving this Agreement, or Your use of this Website.
10. Amendment. StickyAlbums reserves the right to amend this Agreement at any time, by posting on this Website said amended Agreement, Your use and continued use of this Website is deemed an agreement to be bound by any such Amendments.
11. Limitations on Actions. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION AND SUCH ACTION IS FOREVER BARRED AND DISCHARGED.
12. Transferability. Your agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without the express written permission of StickyAlbums, wherein said permission may be denied for any reason.
13. Links and Third Party Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which StickyFolios.com links, and that link to StickyFolios.com, and that have been posted to other services through the StickyFolios.com software. StickyAlbums does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, StickyAlbums does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. StickyAlbums disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
15. Ability to Accept Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, please do not use the Website.
16. Your Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify StickyAlbums of any unauthorized uses of your account or any other breaches of security. StickyAlbums will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
17. Responsibility of Website Visitors. StickyAlbums has not reviewed, and cannot review, all of the material, including links to computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, StickyAlbums does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. StickyAlbums disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
18. Termination. StickyAlbums may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your StickyFolios.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
20. Miscellaneous. This Agreement constitutes the entire agreement between StickyAlbums and you concerning the subject matter hereof, and there may only be modified by a written amendment signed by an authorized executive of StickyAlbums, or by the posting by StickyAlbums of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; StickyAlbums may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.