STICKAM® TERMS OF SERVICE

This is a binding agreement.  By using Stickam® you agree to be bound by these Terms of Service (this “Agreement”), which may be revised from time to time without notice to you.  You can review the most current version of this Agreement at: http://stickam.com/terms.jsp.    

Stickam is a web-based interactive multimedia communications service owned and operated by Advanced Video Communications, Inc.  (“AVC”). 

Stickam provides access to various publishing and communication tools which Members can use to publish, display, perform, transmit or otherwise distribute (hereinafter “Post”) information or content including, without limitation, messages, photographs, audio files, video files, and live streaming video (hereinafter “Content”) to a webpage and participate in web-based discussions via Stickam’s instant message service and Stickam’s internal email service. Stickam also provides its own media content and programming which may be accessed through the Stickam website (www.stickam.com).  For purposes of this Agreement, the term “Stickam” shall mean Stickam’s websites (including, but not limited to www.stickam.com), Stickam’s instant message service, Stickam’s internal email service and all other software, features, tools, websites and services provided by or through Stickam.com from AVC.  

By using Stickam, you represent and warrant that all registration information is truthful and accurate and that you agree to maintain the accuracy of such information.  You further represent and warrant that you are 14 years of age or older and that your use of Stickam does not violate any law or regulation in the United States or any other applicable jurisdiction. 

User Name and Password

You will need a valid user name and password to use certain features of Stickam.  You must have a valid email address in order to register for a user name and password on the Stickam website.  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. Your membership is solely for your personal use and is not transferable.  You shall not authorize others to use your user name. You are solely responsible for the use and maintenance of your user name and password. 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.

Stickam entertainer accounts (“Entertainer Accounts”) are for the use of musicians, entertainers, and other performing artists (hereinafter “Entertainers”) only. Entertainer Accounts set up for any other type of organization, promotion or purpose may be deleted at the sole discretion of AVC.  AVC approves all Entertainer Accounts electronically. Once your Entertainer Account is approved, you may create an Entertainer-specific webpage on Stickam (“Entertainer Page”).

This Agreement shall remain in full force while you use Stickam and/or are a Member.  You may terminate your membership at any time, for any reason by sending a request to cancel your membership by email to support@stickam.com.AVC may terminate your membership and cancel your user name for any 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. 

Inactive Status

You must use your user name on a regular basis by logging into Stickam.com 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.

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.

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 can not 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 websites such as Stickam.com.  You can find tools that will assist you in supervising your children’s on-line activities by clicking here.

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 that Content.  You or the owner of the Content retain ownership of all right, title, and interest in Content that you Post to Stickam.  You grant AVC a license to use the Content you post to Stickam.  By Posting, downloading, displaying, performing, transmitting, or otherwise distributing Content to Stickam, you are granting AVC, its, affiliates, and their subsidiaries, assigns, employees, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium.   This includes, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content. You will not be compensated for any Content which you Post.  You agree that AVC may publish or otherwise disclose your name, or user name in connection with your Content. 

Name and Likeness

By registering for and maintaining a Stickam Account, you grant to AVC, its affiliates, subsidiaries, assigns, agents and licensees a non-exclusive license to use and to permit others to use throughout the universe your professional name, likenesses, other identifications, and biographical material Posted concerning you solely in connection with the advertising and promotion of Stickam and AVC. You will not be compensated for use of your name or likeness used in accordance with the above.

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; (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.

AVC imposes certain restrictions on your permissible use of Stickam.  You are prohibited from violating or attempting to violate any security feature of Stickam, including, without limitation, (a) accessing content of 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 to the Stickam website, 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.

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.

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.

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 this website. 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 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.

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” above, 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 partners 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 partner or the advertiser.  You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from AVC, its partner or the advertiser.

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

Use of the Stickam API is also governed by our Stickam API Terms of Use.

Use of Stickam is also governed by our Privacy Policy.

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.

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. 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.

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 DUE TO OR ARISING FROM YOUR ACCESS TO OR USE OF STICKAM, YOUR VIOLATION OF THESE TERMS OF SERVICE, YOUR BREACH ON ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY  

AVC has no control over, and no liability for any third party websites or materials. AVC works with a number of partners and affiliates whose Internet sites may be linked with Stickam. AVC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and AVC assumes no responsibility for unintended, objectionable, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of Stickam, you may have access to content owned by third parties. You acknowledge and agree that AVC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.

You are solely responsible for any disputes between you and other Members. AVC reserves the right, but has no obligation to monitor or resolve disputes between Members.

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.

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 the Stickam.com website, and the revision shall be effective immediately upon such posting. You agree to review these Terms of Use and other online guidelines posted on the Stickam.com website 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. Stickam shall not be liable for any damages or losses related to the modification, cancellation or termination of Stickam and/or this Agreement.

All contents of Stickam are: copyright © Advanced Video Communications, Inc., 633 W. 5th Street, 61st Floor, 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.  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.  Any cause of action arising out of or related to Stickam and this Agreement must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.  This Agreement contains the entire understanding between you and AVC with respect to the subject matter hereof and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. The section headings in this Agreement are solely for convenience and have no legal or contractual significance, This Agreement was last modified January 30, 2008