User Generated ContentCommunications Services: The Sites may contain blogs, chat areas, forums, comments, rankings, communities, calendars, Activities and/or other message or communication facilities designed to enable you and others to communicate with other Site users or ShelfGenie (collectively, “Communication Services”). You acknowledge that your submissions to the Sites may be or become available to others on the Sites and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service. You are responsible for the submissions you make or post to the Sites. You should only provide submissions that you are comfortable sharing with others under these Terms.Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and ShelfGenie reserves the right to determine what types of conduct it considers to be inappropriate use of the Sites. In the case of inappropriate use, ShelfGenie may take such measures as it determines in its sole discretion.By way of example, and not as a limitation, you agree that you will not:
- Use any Site or Content for any purpose or to take any actions in violation of local, state, national or international laws, regulations, codes or rules.
- Violate any code of conduct or other guidelines which may apply to any particular Communication Service.
- Take any action that places an unreasonable or disproportionately large load on a Site’s infrastructure or otherwise that may adversely affect performance of the Sites or restrict any other user or ShelfGenie from using or enjoying the Communication Services or the Sites.
- Use a Site for unauthorized framing or linking, or via automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to Content.
- Aggregate, copy, duplicate, publish or make available any Content to third parties outside the Sites in any manner.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others, or impersonating anyone else or misrepresenting your identity or affiliation.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, harassing, infringing, obscene, indecent or unlawful topic, name, material, content or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use a Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including without limitation email addresses or other contact information, without their consent, or hack or violate any security measures.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Engage in any other action that, in the judgment of ShelfGenie, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views submitted or otherwise made available by users through the Sites (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. ShelfGenie does not endorse any User Materials nor vouch for their reliability. Under no circumstances will ShelfGenie be liable in any way for any User Materials.
You acknowledge that ShelfGenie may or may not pre-screen User Materials, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via a Site. Without limiting the foregoing, ShelfGenie has the right to delete or remove any User Materials that violate the Terms or are otherwise objectionable in ShelfGenie’s sole discretion. ShelfGenie shall have no liability for such deletion or removal. By viewing this site, you agree that such viewing and reading does not violate the laws or standards imposed by your town, city, state or country.
You understand that by using a Site, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Sites.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Site (“Submission”). All Submissions are subject to these Terms. ShelfGenie is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless ShelfGenie and its designees from and against any and all claims concerning ShelfGenie’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your Submission and rights to post, distribute, or transmit your Submission.
You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Site users and to users of other websites and services.
By making a Submission, you grant ShelfGenie and its affiliates, licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicensees), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your Submission (in whole or in part), along with your name or any part thereof, your city/town/village of residency, and other information from your user profile, in ShelfGenie’s sole discretion, on the Sites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, marketing, review, recommendation, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold ShelfGenie and its affiliates, licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.