The Spaces Between Your Fingers

TERMS OF SERVICE

Last updated 11/8/13

Introduction: Consent to Terms

Your use of the SBYF website, including the SBYF Blog, the SBYF Memory Library, and all other sbyfproject.com pages (collectively, the “SBYF website” or the “Service”) is subject to these Terms of Service. “SBYF” means The Spaces Between Your Fingers Project. Please read the Terms of Service before using the Service. By using the Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please exit the site. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Service on the SBYF website. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms of Service. Your continued use of the Service following the posting of updated Terms of Service will mean that you agree to those changes.

Use of the Service

  • If you use the Service, including by making comments on the SBYF Blog, creating SBYF postcards, by submission of email or other information via our website, or in any way interacting with SBYF or sbyfproject.com, your use is subject to the following rules:

  • You may not remove, obscure or alter any proprietary rights notices (such as copyright or trademark notices) which may be affixed to or contained within the Service.

  • While we do not seek to limit expression of ideas, lewd, obscene, pornographic, racist, belligerent, commercial, or sexually explicit language will not be tolerated on the SBYF Blog or Memory Library. SBYF may delete any post or Memory Postcard that we deem to contain foul language or to be otherwise inappropriate without warning. In the case of repeated offenses, SBYF retains the right to terminate your posting privileges.

  • We do not tolerate communications that may be unlawful or harmful to other SBYF users. We do not tolerate blog comments or postcards that aim to insult anyone or are hateful, harassing, abusive, or which seek to promote a personal agenda.

  • All information, data, text, software, music, sound, photographs, images, graphics, videos, messages, tags, or other materials (“Content”), submitted by users are the sole responsibility of the person submitting the Content for use and public viewing in SBYF. This means that you, and not SBYF, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the SBYF Services, including when acting as a “Scribe.”
  • Content is provided “AS IS.” We do not control the Content posted via SBYF and, as such, do not guarantee the accuracy, integrity or quality of such Content.Under no circumstances will SBYF be liable in any way for any Content, including, but not limited to, any offense, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available via SBYF, including content posted by those acting as “Scribes.” We may or may not pre-screen Content, but the Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via SBYF for any reason, or for no reason. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates these Terms.
  • This license exists only for so long as you elect to continue to include such Content on SBYF and will terminate when these Terms are terminated, except as follows: (i) You acknowledge and agree that we cannot delete or control access to your Content as it may exist on other websites outside of our control or when copies of it have been saved and retained by others (even if they are SBYF users) and (ii) you further acknowledge and agree that we may retain a copy of your Content and reproduce it in connection with our standard archive practices and (iii) in the event that any of your Content has been included in any promotional, marketing, or other materials related to SBYF, you agree that we shall have the right to include your Content on such materials created or ordered prior to your removal of such Content from SBYF or your termination of your account with us.

  • SBYF is Public. You understand and agree that when submitting your Content to SBYF, including when submitting another’s Content to SBYF as a “Scribe”, you are making such Content publicly available, and while we may be able to cease our further distribution of certain Content, we do not have the ability (or obligation) to control what others may do with the Content once it becomes available through SBYF.

  • You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. For example, if you post an article from a newspaper or magazine, song lyrics or graphics, you need to either own the copyright in the posted material or otherwise have permission to post the material. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded or transmitted materials will be owned by or licensed to you or in the public domain.

  • If we determine that removal of a Memory Postcard or other content is necessary, we will make every effort to do so within a reasonable time frame. However, making deletions or other corrections is a manual process and may not happen immediately.

  • The website can only be used for personal, non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.

  • You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the website to distribute chain letters, mass mailings or “spam” or to gather e-mail addresses for the purpose of sending “spam” to other users of the website.

  • By posting, uploading or transmitting any material on or through the website, you hereby grant SBYF a non-exclusive, perpetual, royalty-free, worldwide license to use, copy and transmit that material in all media, whether or not now known, and your name and location (city, state and/or country), if you provide that information to use in connection with the posted, uploaded or transmitted material.  This includes content for which you are acting as the “Scribe”.

  • SBYF Scribes.  It is the sole responsibility of the “Scribe” to obtain and retain written permission for all Content published via their SBYF account prior to publishing it.  This includes names, photographs, stories, and all other information and Content submitted to sbyfproject.com.  If working with someone who is cognitively impaired, it is the sole responsibility of the “Scribe” to obtain and retain written legal permission from the cognitively-impaired individual’s legally-authorized representative before publishing on sbyfproject.com.   The “Scribe” hereby assumes all legal responsibility for Content posted unto themselves.

  • SBYF is not responsible or liable for any materials posted on the SBYF Blog, Memory Library, or posted, uploaded or transmitted on or through the website by you or others. SBYF cannot verify the accuracy of statements that users place on the SBYF Blog, Memory Library, or on or through the website, and does not guarantee that any material posted, uploaded or transmitted has been done with the permission of the copyright or proprietary owner or is otherwise in compliance with the rules of the SBYF Blog, Memory Library, or these Terms of Service.

  • Persons under the age of eighteen (18) MUST obtain parental permission before registering for the Memory Library, posting, uploading or transmitting material on or through the Service, or providing personal information to register for the Service. Children under the age of thirteen (13) are NOT eligible to participate in the Service independently, though they may participate with a family member or legal guardian.

  • By using the Service, you agree to abide by these rules. You acknowledge that SBYF has the right (but not the obligation) to pre-screen, review, filter, modify, refuse, delete, edit or remove material that it deems, in its sole discretion, to be in violation of the rules of the SBYF Blog, Memory Library, or these Terms of Service, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that SBYF has the right (but not the obligation) to limit or terminate access to the Service, including the SBYF Blog, Memory Library, for any reason, including violation of the rules of the SBYF Blog, Memory Library or these Terms of Service.

Representations; Indemnity

You represent and warrant that (a) any material you post, upload or transmit on or through the Service does not and will not violate any rules of the Service or these Terms of Service, including material you post acting as a “Scribe”, and (b) your use of the Service complies with these Terms of Service. You agree that you will indemnify and hold harmless SBYF and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted on the SBYF Blog or in the Memory Library, or on or through the website, or (4) SBYF publication, distribution or use of such materials.

Disclaimer

THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE SBYF DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, WE VALUE THE SECURITY OF YOUR DATA AND TAKE STEPS TO PROTECT YOUR DATA TO THE EXTENT POSSIBLE USING INDUSTRY-STANDARD TECHNOLOGY AND SERVICES. NOR DOES SBYF MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL SBYF, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR VOLUNTEERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL SBYF, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR VOLUNTEERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES. THEREFORE, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

International Users

The website is controlled and operated within the United States. SBYF makes no representation that content, materials or products available on or through the website are appropriate or available for use outside of the United States. If you access the website from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

Feedback.

By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to us, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to your Feedback; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to your Feedback already under consideration; (e) when you provide your Feedback, you are granting us an irrevocable, royalty-free, perpetual non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit the Feedback in connection with SBYF; and (f) you are not entitled to any attribution, compensation or reimbursement of any kind from us under any circumstances.

Termination.

You may terminate your use of SBYF at any time by deleting your account. We have the right to suspend or terminate your account and to refuse any and all current or future use of SBYF (or any portion thereof) at any time for any reason, including because (i) you gave inaccurate information in your registration (ii) you violated these Terms, (iii) requests by law enforcement or other government agencies, and/or (iv) discontinuance or material modification to SBYF (or any part thereof). All such terminations, limitations of access and suspensions shall be made in the Company’s sole discretion and we shall not be liable to you or any third party for any termination of your account, or access to SBYF.

Miscellaneous

These Terms of Service, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the SBYF website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Service. These Terms of Service shall be governed by and construed under Pennsylvania State law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Service or relating to the website shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Pennsylvania. A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.

Questions

If you have any questions about the Terms of Service, please contact us through the contact form on our website.

COPYRIGHT AND INTELLECTUAL PROPERTY

THIS PROCESS IS FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY MATTERS ONLY. For reports of abuse and related concerns, please see the links provided for in our Terms of Service.

SBYF and its affiliates respect the intellectual property of others, and we ask our authors to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of authors who may infringe or repeatedly infringe the copyrights or other intellectual property rights of SBYF, Inc. and/or others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website athttp://www.copyright.gov/legislation/dmca.pdf, SBYF will respond expeditiously to claims of copyright infringement committed using the SBYF service if such claims are reported to SBYF Designated Copyright Agent as identified below.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent for Notice with the following information in English (your “Notice”):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest

  • a description of the copyrighted work or other intellectual property that you claim has been infringed

  • a description of where the material that you claim is infringing is located on SBYF, with enough detail that we may find it on the website (in most circumstances, we will need a URL)

  • your address, telephone number, and email address

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

  • Note: If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, ‘trademark’).

In some circumstances, in order to notify the user, account holder or host who submitted the allegedly infringing content to which we have disabled access in response to a Notice, SBYF or its designee may forward a copy of a valid Notice including name and email address to the user or account holder, or others in its discretion. Your Notice is not private information, and we may choose to post a copy of your Notice, with your personal information removed, on SBYF and/or to Chilling Effects for publication and/or annotation.

SBYF’s Designated Copyright Agent can be reached as follows:

By mail:

SBYF Project
PO BOX 2120
Bala Cynwyd PA 19004

By email:

info@sbyfproject.com

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