Terms of Service by free_webpage on WebSketch

Welcome

These Terms of Service are a contract between you and SplashNote Systems, Inc., a company with its principle place of business at 3080 Olcott St., Suite 240-D, Santa Clara, CA USA ("SplashNote Systems"). SplashNote Systems operates www.WebSketch.com ("WebSketch Site") and the site building, generation, sharing, collection and storage services therein (collectively the "Service"). By using the WebSketch Site and any services accessible from the WebSketch Site, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the WebSketch Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE WEBSKETCH SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE WEBSKETCH SITE AT YOUR OWN RISK.

Your Account

In order to open an "Account" on the WebSketch Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by SplashNote Systems during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. SplashNote Systems cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the WebSketch Site ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your sites under your Account). Personally identifiable information submitted by you shall be subject to SplashNote Systems' Privacy Policy.

One person or legal entity may not maintain more than one free Account. Accounts registered by "bots" or other automated methods are not permitted.

License Grants & Restrictions

SplashNote Systems hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the WebSketch Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the WebSketch Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the WebSketch Site. All rights not expressly granted to you are reserved by SplashNote Systems and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the WebSketch Site in any way; (ii) modify or make derivative works based upon the WebSketch Site; (iii) reverse engineer or access the WebSketch Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the WebSketch Site, or (c) copy any features, functions or graphics of the WebSketch Site. You further acknowledge and agree that, as between the parties, SplashNote Systems owns all right, title, and interest in and to the WebSketch Site, including all intellectual property rights therein.

Your Responsibilities

• You are responsible for all activity occurring under your accounts and are solely responsible for compliance with

all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the

WebSketch Site, including those related to the protection of intellectual property, data privacy, international

communications and the transmission of technical or personal data.

• You shall: (i) notify WebSketch.com immediately of any unauthorized use of any password or account or any

other known or suspected breach of security; and (ii) report to WebSketch.com immediately and use reasonable

efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

• You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to,

access or otherwise use the WebSketch Site, including, without limitation, modems, hardware, server,

software, Internet browsers operating system, networking, web servers, long distance and local telephone

service, but excluding the WebSketch Site itself (collectively, "Equipment"). You shall be responsible for

ensuring that such Equipment is compatible with the WebSketch Site. You

shall also be responsible for the use, and maintaining the security, of the Equipment.

Impermissible Acts

As a condition to your use of the WebSketch Site, you agree not to:

• upload, post, email, transmit or otherwise make available any information, materials or other content that is

illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades

another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group;

• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or

entity;

• collect credit card information or other form of online payments;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted

through the WebSketch Site;

• upload, post, email, transmit or otherwise make available any information, materials or other content that

infringes another's rights, including any intellectual property rights;

• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising,

promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

• upload, post, email, transmit or otherwise make available any material that contains software viruses or any

other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer

software or hardware or telecommunications equipment;

• use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any

web pages contained in the WebSketch Site;

• reverse engineer, decompile or disassemble any of the software used to provide the WebSketch Site;

• reproduce, duplicate or copy or exploit any other portion of the WebSketch Site, without the express written

permission of SplashNote Systems;

• interfere with or disrupt the WebSketch Site, or any servers or networks connected to the WebSketch Site, or

disobey any requirements, procedures, policies or

regulations of networks connected to the WebSketch Site;

• obtain, collect, store or modify the personal information about other users;

• modify, adapt or hack the WebSketch Site or falsely imply that some other site is associated with the

WebSketch Site or SplashNote Systems; or

• use the WebSketch Site for any illegal or unauthorized purpose. You must not, in the use of the WebSketch

Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Sites

In the course of using the WebSketch Site, you may create certain templates, graphics or form documents and load or post such documents into the WebSketch.com site community ("WebSketch Community") for other users to use or copy. By making such documents available on the WebSketch Community, you hereby grant to SplashNote Systems a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with SplashNote Systems' operation of the WebSketch Site.

Feedback

In the course of using the WebSketch Site, you may provide SplashNote Systems with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the WebSketch Site (collectively "Feedback"). You hereby grant SplashNote Systems a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Types of Accounts

WebSketch.com will have a free account and premium, paying accounts. During the limited beta period, only the free account is available. Premium, paying accounts require a valid credit card to sign up. Free accounts which provide a limited access to the Service are not required to provide a credit card number.

Violation of these Terms of Service

SplashNote Systems reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. SplashNote Systems may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that SplashNote Systems has no obligation to pre-screen or monitor your access to or use of the WebSketch Site or any information, materials or other content provided or made available through the WebSketch Site, but has the right to do so. You hereby agree that SplashNote Systems may, in the exercise of SplashNote Systems' sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your account. You can cancel your account at any time by sending an email to cancel@websketch.com, or by writing SplashNote Systems a letter to the following address: 3080 Olcott St., Suite 240-D, Santa Clara, CA USA with information to identify the account.

Cancellations will take effect upon confirmation via the account email. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from SplashNote Systems once your account is cancelled. Please be aware that SplashNote Systems may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Termination

SplashNote Systems reserves the right to terminate any free Accounts that is not logged into for 6 months. SplashNote Systems, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case SplashNote Systems may refuse to provide you any current or future use of the WebSketch Site, or any other SplashNote Systems Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from SplashNote Systems once your account is terminated; however SplashNote Systems may for a time retain residual information in our backup and/or archival copies of our database.

SplashNote Systems reserves the right to refuse service to anyone for any reason at any time.

Modifications to the WebSketch Site and Terms of Service

SplashNote Systems reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WebSketch Site and Service (or any part thereof) with or without notice.

SplashNote Systems shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WebSketch Site.

SplashNote Systems reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current WebSketch Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the WebSketch Site after any such changes shall constitute your consent to such changes.

We claim no intellectual property rights over the material you provide to the WebSketch Site. Your profile and materials uploaded remain yours. However, by setting your sites to be shared publicly, you agree to allow others to view and share any Content on these sites, and you give permission to SplashNote Systems to use or facilitate the use of these sites.

SplashNote Systems does not pre-screen Content, but SplashNote Systems and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the WebSketch Site.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify SplashNote Systems' agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:

legal@websketch.com

or:

SplashNote Systems Inc.

3080 Olcott St., Suite 240-D

Santa Clara, CA 95054 USA

Please provide our Agent with the following Notice:

• Identify the material on the WebSketch Site pages that you claim is infringing, with enough detail so that we may

locate it on the website;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright

owner, its agent, or the law;

• A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate,

and (2) that you are the owner of the copyright interest

involved or that you are authorized to act on behalf of that owner;

• Your address, telephone number, and email address; and

• Your physical or electronic signature.

SplashNote Systems will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE WEBSKETCH SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. SPLASHNOTE SYSTEMS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPLASHNOTE SYSTEMS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. INIFINITY BOX DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSKETCH SITE WILL BE CORRECTED. SPLASHNOTE SYSTEMS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. SPLASHNOTE SYSTEMS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SPLASHNOTE SYSTEMS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSKETCH SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE TOOLS AND CONTENT ON THE WEBSKETCH SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SPLASHNOTE SYSTEMS OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR WEBSKETCH SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SPLASHNOTE SYSTEMS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR WEBSKETCH SITE, FROM INABILITY TO USE THE SERVICES OR WEBSKETCH SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR WEBSKETCH SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR WEBSKETCH SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SPLASHNOTE SYSTEMS SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall SplashNote Systems or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of SplashNote Systems.

Questions about the Terms of Service should be addressed to legal@websketch.com or by mail at: SplashNote Systems, Inc., 3080 Olcott St., Suite 240-D, Santa Clara, CA 95054 USA

Updated: April 15, 2008

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