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TERMS OF SERVICE
Advanced Video Communications, Inc., a California corporation
("AVC") owns and operates the interactive multimedia communications websites,
www.stickam.com,
www.payperlive.com, and certain co-branded
versions of these sites under contract with other third parties
(collectively "Stickam").
You may only use Stickam pursuant to the Stickam Terms of Service (this "Agreement"),
which you accept by your use of Stickam. AVC reserves the right to modify or revise
this Agreement at any time in its sole discretion. Any such modification to this Agreement
shall be effective immediately upon being posted on Stickam unless otherwise stated.
You are legally bound by such modifications or revisions, and therefore you should
regularly review the most current version of this Agreement at:
http://stickam.com/viewTerms.do.
Your continued use of Stickam following AVC’s posting of any changes or
modification to these Terms of Service will constitute your acceptance of
such changes or modifications. In the event that you do not agree to any changes
or modifications of this Agreement, you should not continue to use Stickam.
Description of Services
Stickam provides access to various publishing and communication tools which can be used
to publish, display, perform, transmit or otherwise distribute (hereinafter "Post")
information or content provided by a user, including, without limitation, messages,
photographs, audio files, video files, and live streaming video (hereinafter "Content")
on the Internet. Stickam includes the services provided by the Stickam social networking
website [www.stickam.com], the PayPerLive website [www.papyerlive.com], and certain
co-branded versions of these sites under contract with other third parties.
PayPerLive™ is a venue provided by AVC which allows
a Stickam Member who has registered for a PayPerLive account ("PayPerLive Host"), to sell
access to their Content to other Stickam Members. AVC receives a monthly Membership Fee from each
PayPerLive Host and earns a Transaction Fee for each completed sale. AVC is not a party to the transaction
between the PayPerLive Host and the buyer with respect to the sale/purchase of any Content.
AVC does not sell, resell or license any Content listed for sale on Stickam nor is AVC acting as
an agent of sale. AVC disclaims any responsibility for or liability related to such Content.
Any questions, complaints or claims related to the sale/purchase of any Content should be
directed to the appropriate PayPerLive Host.
Information for PayPerLive Buyers accessible
at http://stickam.com/terms/buyers.do
Information for PayPerLive Sellers
accessible at http://stickam.com/terms/sellers.do
PayPerLive Fees and Billing accessible at http://stickam.com/terms/fees.do
Charges
Use of the Stickam social networking website and most Services are free. Certain services,
including, without limitation, PayPerLive services are available on a subscription basis and
require a fee in accordance with the Fee Schedule associated with that Service. You agree that
AVC may charge to your credit card or other payment mechanism selected by you and approved by AVC
("Your Account") all amounts due and owing for the Services, if any, including Membership Fees,
Setup Fees, Transaction Fees, or any other fee or charge associated with your use of the Services.
AVC may change prices at any time without prior notice. You agree that in the event AVC is unable
to collect the fees owed to AVC for the Services through your Account, AVC may take any other
steps it deems necessary to collect such fees from you and that you will be responsible for all
costs and expenses incurred by AVC in connection with such collection activity, including
collection fees, court costs and attorneys’ fees. You further agree that AVC may collect interest
at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Membership Eligibility
Certain features of Stickam are only available to Members who have completed a membership
application and registered a valid user name and password. Membership is available to anyone
14 years of age or older. You must be at least 18 years of age (or the minimum age of majority
in your state), and able to form legally binding contracts if you wish to register for the
PayPerLive Service.
Your membership is solely for your personal use and is not transferable. You are solely responsible
for the use and maintenance of your user name and password. You shall not authorize others to use
your user name. AVC reserves the right to cancel any Member account and user name at any time,
for any reason, in its sole discretion.
User Name and Password
You must have a valid email address in order to register for
a user name and password on Stickam. When registering your user name and password, you may not
(1) select or use a user name of another person with the intention of impersonating that person,
(2) use the user name of anyone else without authorization, (3) use a user name in violation of
the intellectual property rights of any person or entity, or (4) use a user name that AVC considers
in its sole discretion as being inappropriate.
You may change your password at any time (by going to the Stickam website home page and clicking on
"Edit Profile"). You agree to notify AVC of any unauthorized use of your account or any
other breach of security, and to ensure that you exit from your account at the end of each session.
Inactive Status
You must use your user name on a regular basis by logging into Stickam in order to keep your
user name and membership active. AVC may, without notification, cancel your membership and
user name and delete the Content Posted by any Member who has not used such user name for a
period of ninety (90) days. If your user name is cancelled, you will need to re-register
for a membership and obtain a new user name to gain access to any registration based service
of Stickam.
Term/Termination
This Agreement shall remain in full force while you use Stickam and/or are a Member.
You may terminate your Stickam membership at any time, for any reason by logging into
Stickam (go to "Edit Profile", click on the "My Stickam Account" tab and click on "Delete Account").
You may terminate your subscription to the PayPerLive service at any time, for any reason by
sending a request to cancel your subscription by email to support@payperlive.com. AVC may
terminate your Stickam membership, and PayPerLive subscription, and cancel your user name for
any reason, or no reason, with or without notifying you. In the event your membership is
terminated or your user name is cancelled, AVC may, without notification, delete the Content
Posted by you, and you will need to re-register for a membership and obtain a new user name to
gain access to any registration based service of Stickam. AVC shall not be responsible for any
losses, damages, claims and actions of any kind, either directly or indirectly related to or
arising from the restriction, suspension, or termination of access to Stickam, cancellation
of your user name, or the deletion of Content Posted by you.
Proprietary Rights in Content
AVC owns and retains all proprietary rights in Stickam. The compilation of all Content on
Stickam is the exclusive property of AVC (or its partners or Licensors). Except as otherwise
provided in "User Content" below, all Content, including but not limited to text, software, music,
sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through
Stickam by AVC or AVC’s affiliates and advertisers, is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. You are only permitted to use this Content as
expressly authorized by AVC, its affiliate or the advertiser. You may not copy, reproduce, distribute,
or create derivative works from this Content without the express written permission from AVC,
its affiliate or the advertiser. Content on Stickam is provided to you AS IS for your information
and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. AVC reserves all rights not expressly
granted in and to Stickam and the Content.
Grant of License
As long as you are not in breach of any terms or conditions of this agreement, AVC grants you a revocable,
nontransferable, non-exclusive right and license to access and use Stickam as set forth in these Terms of Service.
You may access User Content for your information and personal use solely as intended through the provided
functionality of Stickam. You shall not copy or download any User Content unless you are provided
the means to download that Content from AVC or the owner of the Content.
No Commercial Use
Other than using the Services as a PayPerLive Host, and as permitted under the terms and conditions
of this Agreement or other written agreements with AVC, you may not resell, distribute, make any
commercial use of, use on a timeshare or service bureau basis, or use to operate a website or otherwise
generate income from the Services or use the Services for the development, production or marketing of a
service or product substantially similar to the Services. You shall not use the Services in any manner
that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites,
Services, or any network or networks connected to the Services or security systems.
AVC's Rights in User Content
By Posting Content to Stickam, you warrant and represent that you own the rights to that Content or
are otherwise authorized to Post, display, perform, transmit, or otherwise distribute and sublicense
that Content. If you are a Stickam PayPerLive Host, you also warrant and represent that you have the
right to exploit that content. You or the owner of the Content retain ownership of all right, title,
and interest in Content that you Post, display, perform, transmit, or otherwise distribute on Stickam.
However, you grant AVC a license to use and distribute the Content you Post on Stickam until a
commercially reasonable time after you have deleted the Content. More specifically, by Posting,
downloading, displaying, performing, transmitting, or otherwise distributing Content on Stickam,
you are granting AVC, its, affiliates, and their subsidiaries, assigns, employees, agents and
licensees the worldwide, royalty-free, sublicenseable and transferrable right to reproduce, display,
distribute, adapt, prepare derivative works of, promote and perform that Content in any medium and
through any media channel in connection with Stickam, and AVC’s (and it’s successors and affiliates)
business as well as the right to use throughout the universe your professional name, likenesses,
other identifications, and biographical material concerning you which you have Posted to Stickam,
in connection with the advertising and promotion of Stickam and AVC. This includes, without
limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, and reformat the Content, and to publish, disclose and use your name in connection
with your Content. You will not be compensated by AVC for any Content which you Post or for the
use of your name or likeness used in accordance with the above. The above licenses granted by you
terminate within a commercially reasonable time after you have deleted the Content.
Restrictions on Posting Content
You are solely responsible for all Content Posted by you and all Content Posted under your user name,
including, without limitation, photographs, audio files, video files, and live streaming video,
as well as any communication with other members via the Stickam instant message service and Stickam
internal email service. You may use Stickam for lawful purposes only. You may not Post or transmit,
whether publicly or privately, any material that (a) is false, misleading, deceptive, deceitful,
or constitutes "bait and switch"; (b) employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of the Content Posted; (c)
contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs;
(d) harasses, threatens, or abuses another person; (e) is libelous, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable;
(f) violates any applicable law restricting the export or import of data, software, or any
other content, or encourages conduct that would constitute a criminal offense; (g) gives rise
to civil liability; (h) advertises or otherwise solicits funds or is a solicitation for goods
or services, other than that which is incidental to your use of the PayPerLive service;
(i) that advertises any illegal service or the sale of any items the sale of which is prohibited
or restricted by any applicable law; or (j) otherwise violates any applicable local, state,
national or foreign law or regulation.
Prohibited Uses
You may use Stickam for lawful purposes only. The Services are not designed or licensed for use
in hazardous environments requiring fail-safe controls, including without limitation operation
of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life
support or weapons systems, and such use is strictly prohibited. You are also prohibited from
violating or attempting to violate any security feature of Stickam, including, without limitation,
(a) accessing Content or data not intended for you, or logging onto a server or account that you
are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of Stickam
or to breach security or authentication measures without proper authorization; (c) interfering or
attempting to interfere with service to any user, host, or network, including, without limitation,
by means of submitting a virus, overloading, "flooding", "spamming",
"mail bombing", or "crashing"; (d) using Stickam to send unsolicited email, including, without
limitation, promotions, or advertisements for products or services; (e) forging the TCP/IP packet
header or any part of the header information in any email or in any Posting using Stickam; or
(f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt
to reduce to a human-perceivable form any of the source code used by AVC in providing Stickam.
Any violation of system or network security may subject you to civil and/or criminal liability.
You also may not use Stickam to stalk or harass anyone, Post irrelevant Content or repeatedly
Post the same or similar Content.
Compliance with Intellectual Property Laws
When using Stickam, you agree to obey the law and to respect the intellectual property rights
of others. Your use of Stickam is at all times governed by and subject to laws regarding
copyright ownership and use of intellectual property. You agree not to upload, download,
display, perform, transmit, or otherwise distribute any Content in violation of any third party’s
copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide
by laws regarding copyright ownership and use of intellectual property, and you shall be solely
responsible for any infringement of third party rights caused by any Content you provide or transmit,
or that is provided or transmitted using your user name. The burden of proving that any Content does
not violate any laws or third party rights rests solely with you.
Alleged Violations
AVC reserves the right to terminate your use of Stickam at any time with or without cause and
with or without notice to you. To ensure that AVC provides a high quality experience for you
and for other users of Stickam, you agree that AVC may access your account and records on a
case-by-case basis to investigate complaints or allegations of abuse, infringement of third
party rights, or other unauthorized uses of Stickam. AVC does not intend to disclose the
existence or occurrence of such an investigation unless required by law, but AVC reserves
the right to terminate your account or your access to Stickam and to delete all Content
Posted therein, with or without notice to you, and without liability to you, if AVC believes
that you have violated any of the Terms of Service, furnished AVC with false or misleading
information, or interfered with use of Stickam.
Reporting Certain Abuse to Law Enforcement
The Stickam service is intended for use by a general audience including children as
young as 14 years of age. Sexually explicit Content is strictly prohibited on Stickam.
The traffic data and personal information of Stickam Members who Post sexually explicit
material may be reported to law enforcement authorities for prosecution under applicable
criminal laws.
AVC fully complies with the Congressional mandate of 42 U.S.C. § 13032, which
requires us to report to the
National Center for Missing and Exploited Children,
the facts and circumstances relating to sexually explicit Content and other
criminal offenses involving children under the age of 18 which appears on
Stickam. This includes, but is not limited to, the posting of sexually
explicit material, (including without limitation, photos, videos, and live
Webcasts) depicting children under the age of 18.
Other types of abuse and violations of our
Terms of Service that may compromise the
safety of our members, and which do not fall within the Congressional mandate
of 42 U.S.C. § 13032 may be reported to local, national, or international law
enforcement agencies in cooperation with the
Virtual Global Taskforce.
No Duty to Monitor Content
AVC, in its sole discretion shall have the right (but not the duty) to monitor the Content
Posted on Stickam including, without limitation, the Content of any communication that
occurs on or through the Stickam instant message service and the Stickam internal email service.
AVC reserves the right to remove Content that, in its sole judgment, does not meet its
standards or does not comply with this Agreement, or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of others, but AVC is not
responsible for any failure or delay in removing such Content.
Parental Control Protections
AVC is concerned about the safety and privacy of all Stickam users, especially children.
However, it is important to keep in mind that Stickam is intended for broad general use
and users may find that some Content available on Stickam is offensive, indecent or
objectionable. AVC cannot be held responsible for any Content Posted by Stickam users
which may be offensive, indecent or objectionable. While AVC has established rules
keeping children under the age of 14 from becoming a member of Stickam, it is easy for
children to lie about their age and thus gain access to Content which may be inappropriate
and unintended for them. It is up to parents to properly supervise their children’s
on-line activities. Certain parental control protections are commercially available
which can assist parents in supervising their children’s on-line activities such as computer
hardware, software, and filtering services which can be used to block a child’s access to
on-line services such as Stickam. You can find tools that will assist you in supervising
your children’s on-line activities by clicking
here.
Copyright Infringement
AVC has in place certain legally mandated procedures regarding allegations of copyright
infringement occurring on Stickam AVC has adopted a policy that provides for the immediate
suspension and/or termination of any Stickam user who is found to have infringed on the rights
of AVC, or of a third party, or otherwise violated any intellectual property laws or regulations.
AVC’s policy is to investigate any allegations brought to its attention. If you have any evidence,
know, or have a good-faith belief that your rights have been violated and you want AVC to delete,
edit, or disable the material in question, you must provide us with the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed; (c) identification of the material that is claimed to be
infringing and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material such as the URL or other specific
location; (d) information reasonably sufficient to permit us to contact you, such as an
address, telephone number, or e-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; (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. For this notification to be
effective, you must provide it to AVC’s designated Agent for Notice of Claimed Infringement.
AVC’s agent designated to receive notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
By mail to:
Copyright Agent
Advanced Video Communications, Inc.
633 West 5th Street, Suite 6800
Los Angeles, California 90071
Or
by email to: copyright@stickam.com
If you have been notified by AVC that your Content has been removed (or access to it was disabled)
in response to a notification of infringement, and you believe that your Content is not infringing,
or that you are using the Content in a manner authorized by the copyright owner, the copyright
owner's agent, or pursuant to the law, you may send a counter-notice containing the following
information to the Copyright Agent: (a) your physical or electronic signature; (b) identification
of the content that has been removed or to which access has been disabled and the location at
which the content appeared before it was removed or disabled; (c) a statement that you have a
good faith belief that the content was removed or disabled as a result of mistake or a
misidentification of the content; and (d) your name, address, telephone number, and e-mail address.
If a counter-notice is received by the Copyright Agent, AVC may send a copy of the counter-notice
to the original complaining party informing that person that AVC may replace the removed content
or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a
court order against you or AVC, the removed content may be replaced, or access to it restored,
within a commercially reasonable time.
Other Businesses and Links to Other Sites
Our websites may provide links to the websites of third-party merchants, affiliated companies,
co-brand partners and other parties. These links are provided solely as a convenience to you,
and do not constitute an endorsement by AVC of the content of such third-party sites nor of the
business practices of such other businesses, entities or individuals. AVC is not responsible for
examining or evaluating, and does not warrant or claim responsibility for in any way, the products,
services, offerings or business practices of any of these businesses, entities or individuals or the
content of their websites. You should carefully review their privacy statements and other conditions of use.
AVC has no control over the business practices of any third-party
merchant or seller, nor does it control in any way the quality, safety or legality of any Content
listed for sale on Stickam or any business transaction that occurs as a result of Content listed
for sale on Stickam.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A PAYPERLIVE HOST OR OTHER MERCHANT LISTED ON STICKAM,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AVC, ITS AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
SUCH A DISPUTE.
Use of Stickam Application Programming Interface (the
"Stickam API")
Use
of the Stickam API is also governed by our Stickam
API Terms of Use accessible at http://stickam.com/viewTermsAPI.do.
Privacy Policy
Use
of Stickam is also governed by our Privacy Policy accessible at http://stickam.com/about/privacy.do.
DISCLAIMER OF WARRANTIES
AVC CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF
OUR WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, AVC HEREBY DISCLAIMS ALL WARRANTIES.
AVC IS MAKING STICKAM AVAILABLE "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR
LOSS FROM USE OF, OR INABILITY TO USE, STICKAM. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH STICKAM IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL. AVC DOES NOT WARRANT THAT STICKAM WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF STICKAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN STICKAM
WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT DESIGNED OR
LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT
LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, AVC AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR SUCH PURPOSES.
LIMITED LIABILITY
AVC’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL
AVC, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE
FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY
TO USE STICKAM OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU. THIS LIMITATION SHALL
APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY OR FORM OF ACTION.
NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY
THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE SIX
(6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
MEMBER DISPUTES AND RELEASE
YOU ARE SOLELY RESPONSIBLE FOR ANY DISPUTES BETWEEN YOU AND OTHER STICKAM USERS INCLUDING
WITHOUT LIMITATION, DISPUTES CONCERNING TRANSACTIONS WITH OTHER MEMBERS. AVC RESERVES THE
RIGHT, BUT HAS NO OBLIGATION TO MONITOR OR RESOLVE DISPUTES BETWEEN STICKAM USERS.
YOU WILL NOT HOLD AVC RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR INACTIONS. YOU
ACKNOWLEDGE THAT AVC IS AN INTERACTIVE ONLINE SERVICE PROVIDER, PROVIDING THE STICKAM
SERVICE TO ITS USERS FOR THE PURPOSE OF COMMUNICATING WITH OTHER USERS, PUBLISHING USER
CONTENT AND PROVIDING A VENUE WHICH CAN BE USED BY ANYONE TO OFFER, SELL, AND BUY USER
CONTENT AT PRICES SET BY AND AGREED TO BY OTHERS, IN A VARIETY OF PRICING FORMATS. AVC
IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS OF CONTENT. WE HAVE
NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF USER CONTENT
ADVERTISED, THE TRUTH OR ACCURACY OF USER CONTENT, THE ABILITY OF SELLERS TO SELL CONTENT,
THE ABILITY OF BUYERS TO PAY FOR CONTENT, OR THAT A BUYER OR SELLER WILL ACTUALLY
COMPLETE A TRANSACTION.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE AVC, ITS AFFILIATES, AND
THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FROM CLAIMS, DEMANDS AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU
WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD AVC, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND,
INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY WITH RESPECT TO ANY TRANSACTION(S)
YOU ARE INVOLVED IN WITH OTHER MEMBERS, DUE TO OR ARISING FROM YOUR ACCESS TO OR USE OF STICKAM,
YOUR VIOLATION OF THESE TERMS OF SERVICE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND
WARRANTIES HEREIN, OR YOUR INFRINGEMENT BY YOU OR ANY OTHER USER OF YOUR ACCOUNT OF ANY
INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Choice of Law and Forum
Stickam is controlled and operated by AVC from its offices in the State of California.
AVC makes no representation that Stickam is available or appropriate for use in other locations.
Your use of or access to Stickam should not be construed as AVC purposefully availing itself of
the benefits or privilege of doing business in any state or jurisdiction other than California.
The validity, construction, interpretation and legal effect of this Agreement shall be governed
by the laws of the State of California without regard to its conflict of laws provisions.
If there is any dispute about or involving Stickam and/or this Agreement, you agree to submit
to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Modifications
AVC may, in its sole discretion and without prior notice, (a) revise this Agreement;
(b) modify Stickam, and (c) discontinue Stickam at any time. AVC shall Post any revision to
this Agreement to Stickam.com, and the revision shall be effective immediately upon such Posting.
You agree to review these Terms of Service and other online guidelines Posted on Stickam
periodically to be aware of any revisions. You agree that, by continuing to use or access
Stickam following the notice of any revision, you shall abide by any such revision.
AVC shall not be liable for any damages or losses related to the modification, cancellation or
termination of Stickam and/or this Agreement.
Other
All contents of Stickam are: copyright © Advanced Video Communications, Inc.,
633 W. 5th Street, Suite 6800, Los Angeles, California 90071. Nothing contained on Stickam
should be understood as granting you a license to use any of the trademarks, servicemarks, or
logos owned by AVC or by any other third party, other than as provided by our
Logo Usage Policy
accessible at http://www.stickam.com/about/logoUsage.do. Inaction or failure by AVC to
exercise or enforce any right or provision of this Agreement shall not constitute a waiver
of such right or provision. If any provision of this Agreement shall be held void, invalid
or inoperative by a court of law or judicial authorities, no other provision of this Agreement
shall be affected as a result thereof, and accordingly, the remaining provisions of this
Agreement shall remain in full force and effect as though such void, invalid or inoperative
provision had not been contained herein. The section headings in this Agreement are solely
for convenience and have no legal or contractual significance.
This Agreement was last modified May 15, 2009
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