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Terms of Use

Flypaper Studio, Inc. ("Flypaper") -- Terms of Use

We provide this Web site (the "Site") and the associated products and services (the "Products and Services") available thereon to you, subject to the following Terms of Use, which may be updated by Flypaper at any time upon posting to this Site. We urge you to read these Terms of Use carefully.

  1. Intellectual Property; Limited License to Users
    The Products and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Products or Services may violate such Intellectual Property Rights and these Terms of Use. Except as expressly provided herein, Flypaper and its suppliers do not grant any express or implied rights to use the Products and Services. You agree not to copy, republish, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Products or Services, any portions of the Site, Products or Services or the selection and arrangement of the Site, Products or Services, except as expressly authorized herein. The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Flypaper or other third parties. You are not permitted to use the Marks without the prior written consent of Flypaper or such third party that may own the Marks.
  2. Acceptance of Terms
    When using particular Products and Services, you and Flypaper shall be subject to any posted policies, guidelines or rules applicable to such Products and Services. All such policies, guidelines or rules are hereby incorporated by reference into these Terms of Use. By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Product or Service. All such guidelines and rules are hereby incorporated by reference into these Terms and Conditions.
  3. Products and Services Provided by Flypaper
    Flypaper currently provides users with access to a variety of Products and Services, which may include but are not limited to, various communications tools, email-based discussion groups, forums, documents, news, press releases, peer publishing, industry articles, and knowledge banks. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Use. You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
  4. License, Privacy and Site Access
    Users under the age of thirteen (13) are prohibited from using the Products and Services or the Site. Provided that you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Site and the Products and Services (the "License"). The License will terminate immediately without notice from us, in our sole discretion, should you fail to comply with any term or provision of the Terms of Use. Upon such termination, you may not access, use, or view the Site. If you are issued a password and account by Flypaper to access any Products and Services available on the Site, you agree that you will be personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You further agree to (a) immediately notify Flypaper of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Flypaper will not be liable for any loss or damage arising from your failure to comply with any of the foregoing requirements. We reserve the right to investigate suspected violations of the Terms of Use. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our Products and Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Due to the nature of certain content on the Site, if you are under the age of eighteen (18) you may not access the Products and Services without first seeking permission from your parents or a legal guardian.
  5. Registration Policy
    In order to use certain Products and Services, you will be required to register with Flypaper. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Flypaper has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flypaper has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
  6. Privacy Policy
    Use of the Products and Services and this Site is subject to the Flypaper Privacy Policy. A link to the Privacy Policy can be found at the bottom of each web page on the Site.
  7. Flypaper Spam Policy
    Except for such advertising on the Site as is expressly permitted for Flypaper partners under one or more of the Flypaper partner programs, you are prohibited from using the Products and Services to post or send (a) messages that are unrelated to a particular topic of discussion of a news group or message board facilitated by Flypaper, (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (collectively, "Spam"). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise acting in a manner that negatively affects another users' ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other users' email addresses from the Flypaper site for purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times. In addition to any of the foregoing, electronic messages sent or caused to be sent using the Products and Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names. Any violations of Flypaper's Terms of Use or this Spam Policy may result in legal action against the violator and the termination, without notice, of the violators ID and/or any other of the violator's rights or access associated with Flypaper, including, but not limited to, email accounts, posts, published Content and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site. Flypaper does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
  8. Links to Third Party Sites
    The Site and Products and Services may contain links to Flypaper partners and other third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Flypaper and Flypaper is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Flypaper is not responsible for any form of transmission received from any Linked Site nor is Flypaper responsible if the Linked Site is not working appropriately. Flypaper is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flypaper of the Linked Site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, Flypaper is under no obligation to link to any site.
  9. Submitted Content
    In many cases, users of the Site are allowed to submit content to the Site, which includes but is not limited to such items as sample presentation modules, formats and documents, music, sound, photographs, video, topical questions or responses submitted through the forums, to Flypaper for the purposes of publication, circulation, or distribution (collectively, the "Content"), generally free of charge to the general Flypaper community. From time to time Flypaper may set up special marketplaces (each, a "Marketplace") where certain Content may be offered to users of the Site for a separate license fee, with Flypaper paying a portion of the collected fee back to the Flypaper partner who authored the Content. The posting and licensing of Content at Marketplace portions of the Site shall be subject to additional "Marketplace Additional Terms of Use;" a link to which will be posted at the bottom of each web page on the Site that relates to a Marketplace. Except as noted in the next Section, Flypaper does not claim ownership of any Content submitted by users, but by submitting such Content users grant Flypaper a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content. Flypaper reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of Flypaper. Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting Content certify that their submissions contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. Flypaper assumes no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that Flypaper is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, Flypaper will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question. If you believe that Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Flypaper of any such copyright or other intellectual property rights infringement at dmcacontact@flypaper.com, in the manner set forth below. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. When reporting an infringement, please ensure you provide all of the following information: (i) a detailed description of the Content on the Site that you, in good faith, believe is an infringement of your ownership rights; (ii) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner; (iii) a statement by you declaring under penalty of perjury that (A) the foregoing information is accurate, and (B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner; and (C) your physical address, telephone number, and email address. Flypaper will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). As a general matter, Flypaper does not pre-screen user or third party Content posted on the Site, except for certain areas where Flypaper may employ certain automated screening software, although Flypaper reserves the right to do so. Flypaper does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Flypaper reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Flypaper.
  10. Submitted Content – Flypaper Authoring Files and Flypaper Publishing Files
    To the extent any Content posted on the Site (whether by Flypaper or third parties) consists of Flypaper Authoring Files or Flypaper Publishing Files (each as defined in the Flypaper license agreement found at www.flypaper.com/company/eula -- the "Flypaper EULA") or any other Flypaper Software components, the terms of the Flypaper EULA and of this Section shall apply, and the capitalized terms used in this Section shall have the meanings set forth in the Flypaper EULA. You may make copies of Flypaper Publishing Files (and the associated Flypaper Run-Time), and if you are a licensee of the Software you may make copies of the Flypaper Authoring Files, and you may utilize such copies in connection with creating new Flypaper Authoring Files and new Flypaper Publishing Files; provided, however, that (i) the Flypaper Run-Time may not be distributed or used other than as bundled with the Flypaper Publishing File, (ii) you shall make Use of the Flypaper Run-Time by each of your end user distributees subject to the agreement by the end user agreement that no title to, or ownership right in, the Flypaper Run-Time is transferred, and that the Flypaper Publishing File, including the Flypaper Run-Time, shall not be reverse compiled or disassembled, and (iii) you and your end user are prohibited from modifying any Flypaper Authoring File in a manner that either strips out or circumvents any software code so as to permit use or modification of the Flypaper Authoring File on a software program or engine not licensed by Flypaper. If the Documentation accompanying the Flypaper Authoring File or Flypaper Publishing File includes additional or different licenses, that Documentation will control over any inconsistent provisions in this Section. Where Content is posted on a Marketplace section of the Site, the downloading and use of such Content shall be subject to the Marketplace Additional Terms of Use described above in Section 10.
  11. Harvesting of User Information
    You agree that you will not harvest or collect any information, including email addresses, for any users or subscribers of any Service for any purpose whatsoever.
  12. Reproduction of Content
    You agree not to reproduce duplicate, copy, sell, resell or exploit for any purposes, any portion of the Service, use of the Service, or access to the Service.
  13. Disclaimer of Warranties/Limitation of Liability
    WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE INFORMATION ON THE SITE AND IN THE PROVISION OF THE SERVICES, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR THE SERVICES, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SITE AND THE SERVICES ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE THEM AT YOUR OWN RISK, AND FLYPAPER, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN THEIR CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FLYPAPER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  14. Indemnification
    You will indemnify and hold Flypaper, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys' fees, that may arise from your violation of these Terms of Use, including any Content submitted to, uploaded to, or transmitted via Flypaper by you.
  15. Breach
    You hereby acknowledge that your breach of the Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of the Terms of Use may also entitle us to bring an action against you for any and all other remedies available at law or in equity.
  16. Jurisdiction
    We operate and control our Site from our location in the State of Arizona, in the United States of America. We make no representation that any information, materials or functions included on or through our Site are appropriate for use in any other jurisdiction. If you choose to access our Site from locations other than within the State of Arizona, you do so on your own initiative and are responsible for compliance with applicable laws and regulations You agree that the Terms of Use, and the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of Arizona. You further agree that any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.
  17. No Waiver; Severability
    A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use. In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
  18. Updates and Changes to Terms of Use
    We reserve the right, at any time and without notice, to add to, change, update or modify the Terms of Use, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site.

Last Updated: January 31, 2009