siro360 Terms and Conditions of Use
Modifications to Terms
You may not use the siro360 site or its services to transmit any content which:
- abuses, harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person;
- includes sexually explicit images or other content which is offensive or harmful to minors;
- includes any unlawful, harmful, , defamatory, untrue, misleading, vulgar; obscene, or hateful material, including but not limited to material based on a person’s race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation,
- may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law;
- impersonates any person or the appearance or voice of any person;
- utilizes a false name or identity or a name or identity that you are not entitled or authorized to use;
- contains any unsolicited advertising, promotional materials, or other forms of solicitation;
- contravenes any application law or government regulation;
- contains or transmits 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;
- violates any operating rule, regulation, procedure, policy or guideline of siro360 as published on the siro360 website;
- may infringe the intellectual property rights or other rights of users or third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right;
- distributes software or other Content in violation of any license agreement.
Posting User Generated Content on the Site; Representations and Warranties
You have the ability to interact with the Site and other users by posting comments, engaging in project discussions, participating in the forums, uploading photos, and a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). By submitting or posting any User Generated Content on the Site, you warrant and represent that:
- you own all rights in your User Generated Content and the performance contained in your User Generated Content or, alternatively, you have acquired all necessary rights in your User Generated Content to enable you to grant to siro360 the rights in your User Generated Content described herein and for us to exercise the rights with respect to such User Generated Content that you grant herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Generated Content;
- you are the individual pictured, depicted, and/or heard in your User Generated Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Generated Content to grant the rights to siro360 described herein;
- you will make such permissions available to siro360 upon request;
- you acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives Content from copying and redistributing it.
To post User Generated Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the “Account”). You agree:
- to provide accurate current and complete information during the registration process, when contributing User Generated Content or when otherwise using the Site.
- you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness.
- to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you.
- to be liable for any User Generated Content posted using your Account and for any transactions associated with your Account.
- to provide correct and detailed contact and other information to siro360 using your Account and for siro360 to rely upon such information.
- To acknowledge that your Account is non-transferable and non-assignable.
- To avoid sharing your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians.
- when you submit ideas, suggestions, or proposals (collectively, “Ideas”) to us, you represent, warrant, and agree that: (i) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (ii) if we so choose, we may use and disclose your Ideas in any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (x) we may have already created, or be in the process of creating, content that may be substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (y) elements of your Ideas and work samples may not be subject to protection under copyright law.
Ownership of Rights for User Generated Content; License Rights
You retain ownership of your copyrights and other intellectual property and proprietary rights in any User Generated Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others. Subject to your right to terminate your license to us as described below in this Section 5, you hereby grant siro360 a worldwide, royalty-free, freely transferable, freely sub licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your User Generated Content, and your user name or your actual name (according to the preferences you select at the time that you register) along with your User Generated Content. You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to siro360.You may choose from time to time to remove or modify User Generated Content that you previously posted on the Site if doing so would not interfere with other users’ ability to enjoy the Site. For example, a request to remove your comments or posts from a long string of interactive posts could render the entire thread unintelligible and eliminate the ability of the other users of the Site to read and enjoy that thread. In these situations, we may make anonymous your User Generated Content so that the threaded conversation remains intact. Your removal of any of your User Generated Content will automatically terminate our license to such User Generated Content
Prohibited Conduct; Liquidated Damages
You agree not to do, or attempt to do, any of the following, subject to applicable law:
- access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or User Generated Content of other users;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by siro360;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
No Warranty and Limitation of Liability
SIRO360 PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SIRO360 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall siro360 be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the site or services, damages incurred through any links provided on the site and the non-performance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not siro360 has been advised of such possibility. Your only right with respect to any dissatisfaction with this site or services or with siro360 shall be to terminate use of this site and services.
Moreover, the site may contain advice, opinions, instructions and statements from siro360, its users and other content and information providers. This content is intended to be used for informational and entertainment purposes only. siro360 makes no representations or warranties that the site will be uninterrupted, error-free, virus-free, secure, or timely.
We urge you to keep backup copies of content and other material, if any, that you maintain on or use with the site. If your use of the site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for any resulting costs or damages.
Exclusion of Damages; Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER SIRO360 OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF SIRO360 AND DEMAND MEDIA, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
Termination or Cancellation
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If your Account or access to the Site is terminated for any or no reason, you may no longer have access to the User Generated Content you posted on the Site.
Dealings with Merchants; Links
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against siro360 and agree to hold siro360 harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
Modifications to Site
- siro360 in its sole discretion may terminate your membership and remove and discard any information associated with the membership without notice if siro360 believes that you have violated or acted inconsistently with the Terms. siro360 will not be liable to you for termination of your membership to the Service.
- siro360 in its sole discretion may delete any of the images posted to the Site and remove and discard any information associated with the image without notice if siro360 believes that you have violated or acted inconsistently with the Terms. siro360 will not be liable to you for deletion of the text or images.
- siro360 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that siro360 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- siro360 Terms of Service as noted above may be updated by us from time to time without notice to you. In addition, when using particular siro360 owned or operated services, you and siro360 shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion; provided that you have created an Account and that you submit your customer support inquiries using such Account.
Copyright Infringement Notification
To file a copyright infringement notification with us, please send an email containing the following requirements:
- The URL on siro360 starts with http://siro360.com/image/ of the alleged content.
- Identification of the copyrighted work claimed to have been infringed, including the name of the person/company/party holding the copyright, or the name of the person/company/party that has been authorized to represent the holder of the copyright.
- An e-mail address, under the agreement to allow siro360 service provider to disclose to the person who posted the work, as an efficient mode of contact between the parties toward settlement.
- A statement of faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, that the claim is not deceptive or false, that the person claiming the deletion of the alleged work is the holder of the copyright, or an authorized representative with the right to act on behalf of the exclusive right.
HENCE, BY PROCEEDING BEYOND THIS CONTENT TO SIRO360 SITE, YOU EXPRESS YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF THESE TERMS. SIRO360 MAY, IN ITS SOLE DISCRETION, MODIFY, RESTRICT, CHANGE, OR OTHERWISE ALTER THESE TERMS, THE SITE, IN WHOLE OR IN PART, IMPOSE LIMITS ON CERTAIN FEATURES ON THE SITE, OR RESTRICT YOUR ACCESS TO PART OR ALL OF THE SITE. BY CONTINUING TO ACCESS AND USE THE SITE AND YOU WILL BE EVIDENCING YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF, SUCH MODIFICATIONS, CHANGES OR ALTERATIONS. PLEASE REVIEW THESE TERMS REGULARLY AS THEY MAY BE MODIFIED FROM TIME TO TIME WITHOUT NOTICE TO YOU.