Date of Last Revision: 1/15/2016
1. BINDING EFFECT.
This is a binding agreement regarding the Internet site located at https://www.footprint.world/ (the "Website") and all functionality and tools provided in connection with the Website (the "Service"). For purposes of this Agreement, the terms "we," "us," "our" and "Footprint" refer to Footprint Industries, Inc., and "you" and "your" refers to you, as a user of our Website.
THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND FOOTPRINT. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO REGISTER FOR AN ACCOUNT. BY CLICKING ON THE "I ACCEPT THE TERMS OF SERVICE" BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "I ACCEPT THE TERMS OF SERVICE" BUTTON AND DISCONTINUE YOUR REGISTRATION.
ONLY PERSONS OF LEGAL AGE CAN ACCEPT THIS AGREEMENT AND CREATE AND/OR AUTHORIZE AN ACCOUNT TO USE THE SERVICE. NO ONE UNDER THE AGE OF EIGHTEEN MAY REGISTER TO USE THE SERVICE. IF YOU VIOLATE ANY PORTION OF THIS PROVISION, FOOTPRINT WILL IMMEDIATELY CANCEL YOUR REGISTRATION TO THE SITE.
3. ACCOUNT REGISTRATION.
In order to sign up to use the Website, you must complete the registration process by providing complete and accurate information as requested on the registration form. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Footprint immediately on any unauthorized use of your account, username, or password. Footprint shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Footprint, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. USER LICENSE RIGHTS.
Subject to your compliance with all your obligations hereunder, Footprint hereby grants you a personal, terminable license to access the Website and use the Service. When accessing the Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website 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 User Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
5. FOOTPRINT LICENSE RIGHTS.
You hereby grant Footprint an irrevocable, perpetual, royalty-free and fully paid-up non-exclusive license, with the right to sublicense, to use the information you enter into your footprint, journal, bucket list, friends list and other content you upload to the Website ("User Content") in connection with the operation of the Service, including, but not limited to displaying and sharing your footprint, journal, timeline, friends to your friends and third parties. By posting User Content on the Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post User Content on the Website and to grant us the license to use such User Content as set forth herein.
6. INAPPROPRIATE CONTENT.
7. PROHIBITED USES.
Footprint imposes certain restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, 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 or attempting to or accessing content other than through the Service itself as published and distributed on the Website; (b) attempting to distribute or redistribute in any manner any part of the Service or the content therein without Footprint's express prior written approval; (c) using the Service for any commercial purpose; (d) attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization or to modify or alter the Service; (e) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (f) using the Website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (g) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (h) 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 Footprint in providing the Website or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to use the Service to contact students or otherwise solicit personal information from anyone under the age of 18.
8. COPYRIGHT INFRINGEMENT.
Footprint has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Service. Footprint has adopted a policy that provides for the prompt removal of User Content from the Website in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Footprint will immediately suspend and/or terminate any User who is found to have infringed on the rights of Footprint or of a third party, or otherwise violated any intellectual property laws or regulations. Footprint’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Footprint to delete, edit, or disable the material in question, you must provide Footprint with all of 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, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Footprint to locate the material; (d) information reasonably sufficient to permit Footprint to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (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; and (f) a statement under penalty of perjury that all information in the notification is accurate and 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 Footprint’s designated agent at:
12541-G El Camino Real
San Diego, CA 92130
Email Address: [email protected]
If you believe that your User Content has been removed by mistake please provide Footprint with all of the following information: (a) identification of your User Content which was removed, including the URL on the Website where it previously appeared; (b) information reasonably sufficient to permit Footprint to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (c) a statement that you have a good faith belief that your User Content was removed in error or was misidentified; and (d) a statement that the information in the notification is accurate is given under penalty of perjury. For this notification to be effective, you must provide it to Footprint’s designated agent at the address set forth above.
9. ALLEGED VIOLATIONS.
10. NO WARRANTIES.
FOOTPRINT HEREBY DISCLAIMS ALL WARRANTIES. FOOTPRINT IS MAKING THE WEBSITE AND ALL CONTENT AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICE AND THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOOTPRINT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SERVICE AND ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOOTPRINT DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY.
FOOTPRINT’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOOTPRINT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, 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 OF THE WEBSITE, THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY FOOTPRINT. 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.
All contents of Website are: Copyright © 2016 Footprint Industries, Inc. All rights reserved.
13. GOVERNING LAW.
15. SEVERABILITY; WAIVER.