posted this on March 31, 2011 05:43 PM
User Feedback and Submissions
Lockerz welcomes your feedback, but if you send us or post or embed on the Website or via any Service any feedback, messages, comments or tags; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to Lockerz that you either own the Submission or have the right to grant Lockerz the license described below. Lockerz does not claim to own such Submission, only the rights you have licensed to us.
You may not disrupt the normal flow of online dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges.
You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You may not intentionally or unintentionally violate any applicable local, state, national or international law.
You may not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You may not "stalk," solicit, or harass another and/or collect or store personal data about other Users in connection with any of the prohibited activities set forth.
You may not use, promote, or enable others to use or promote any device, software or routine that is intended to or likely to damage or interfere with the proper working of the Website or Service or involves the use of deception, false information, fraud, manipulation, avoidance, or cheating of any kind, including, without limitation, creating or utilizing programs, scripts, bots, or any method to mimic, fake or otherwise improperly simulate actual user activity on the Website, or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, transmits or is intended to transmit unsolicited mass mailings or transmits or is intended to transmit any illegal, obscene, sexually explicit, “adult” or otherwise inappropriate content via the Website, including but not limited to denial of service attacks, auto–generation techniques, “spam”, or any other unsolicited overload technique.
You may not label, describe or assign any names, keywords, tags or other words or features to any Submission or collection thereof that is intended to mislead or confuse, has or is likely to have the effect of misleading or confusing, or is unlawful, including without limitation, in a manner that (a) suggests you are or are affiliated with a person other than you or a company, organization or entity that you do not own or on whose behalf you are not authorized in writing to represent or (b) attempts to trade on the name, business or reputation of another.
You may not use the Lockerz Player or any Service or content related thereto for a commercial or unlawful purpose, in violation of any third party rights or in an attempt to gain unauthorized access to a third party’s website, other accounts, computer system or networks connected to that third party’s website.
You may not use the Lockerz Player or Service related thereto (including without limitation, accessing or consuming content) outside of the United States.
You agree that the nature of the Service and its use by you and others means that you may be exposed to Submissions or other third-party provided content that constitute prohibited activity or that you consider to be offensive, indecent, objectionable or otherwise inappropriate. If you encounter such material, please let us know at firstname.lastname@example.org. You acknowledge that Lockerz may or may not pre-screen Submissions, but that Lockerz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submission that is available on the Website or via the Service. Without limiting the foregoing, Lockerz and its designees shall have the right to remove any Submission that it or they determine violates the Terms or is otherwise objectionable. You also agree that you, not Lockerz, are entirely responsible for all Submissions that you and other users upload, post, email, transmit or otherwise make available via the Website or the Service. In turn, you acknowledge and agree that Lockerz makes no guarantees, promises or representations of any kind regarding any Submission and that you must evaluate, and bear all risks associated with, your use of any Submission, including any reliance on its accuracy, completeness, quality or usefulness. Under no circumstances will Lockerz be liable in any way for any Submission, including without limitation, any errors or omissions therein or any loss or damage of any kind incurred as a result of the exposure to or use of any Submission a user makes available via the Website or the Service.
At Lockerz, our membership is more than access to fabulous brands at amazing prices or discovering the coolest new music artists or videos. It’s more than joining a social network that puts its customers first and rewards its membership with PTZ for making it thrive. It’s a community — of your friends, our friends and friends you’ve yet to make. So if you cheat the PTZ system (including, but not limited to, assisting others in cheating the PTZ system), you cheat the community, and for that you will lose your membership.
General Practices Regarding Use and Storage
You acknowledge that Lockerz may establish general practices and limits concerning use of Website and the Service, including without limitation, the maximum number of days that Submissions, whether Decalz, photos, or other images, content or information, will be retained by the Service, the maximum number of Submissions that may be uploaded from an account on the Service, the maximum size and /or resolution of Submissions that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Lockerz’ storage devices on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Lockerz has no responsibility or liability for the deletion or failure to store any Submissions, regardless of form or type, placed on, maintained, or transmitted by the Service. You acknowledge that Lockerz also reserves the right to log off or delete accounts that are inactive for an extended period of time. If you account is closed, deleted or logged off for any reason, whether by you or Lockerz voluntarily or involuntarily, you may no longer have access to any information or materials you store within your account, and we may delete or archive any such information or materials at our discretion.
You further acknowledge that Lockerz reserves the right to modify these general practices and limits from time to time.
Linking and Third Party Content
The Website and Service may contain links to third–party websites not under our control or operation. Lockerz or users may provide any such links only as a convenience; Lockerz does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
This Website also may enable you to order and receive products, information and services from businesses that are not owned or operated by Lockerz. The purchase, payment, warranty, guarantee, delivery, maintenance, use of, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Lockerz does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Lockerz will not be a party to or in any way responsible for enabling, monitoring, or servicing any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information or any other information you may choose to provide them. Without being exhaustive, this means that any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of any charges by Lockerz.
Additional Terms and Conditions
Additional terms and/or conditions (e.g. purchase and return policy terms and use of PTZ) may apply to specific areas of the Website or to the Service or Website functionality, and you agree to abide by such other terms and conditions.
Laws and Regulations
You acknowledge and agree that Lockerz, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Website, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Website, the Service and/or its features.
Digital Millennium Copyright Act
1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing 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 Lockerz to locate the material;
d. Information reasonably sufficient to permit Lockerz to contact you, such as an address, telephone number, and, if available, an electronic 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; and
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.
Lockerz's designated Copyright Agent to receive notifications claiming copyright infringement is Copyright Agent, 100 South King Street, 6th Floor, Seattle, WA 98104, email: email@example.com, fax: 206-623-0121.
2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
a. Your physical or electronic signature;
b. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Lockerz may send a copy of the counter-notice to the original complaining party informing that person that Lockerz may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Lockerz's sole discretion. Please keep in mind that only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for support, and other communications should be directed to firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Disclaimer of Warranties
LOCKERZ PROVIDES THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. LOCKERZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE WEBSITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, LOCKERZ DOES NOT WARRANT THAT THE LOCKERZ WEBSITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE LOCKERZ WEBSITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE WEBSITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME.
Limitation of Liability
LOCKERZ SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE. LOCKERZ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE (INCLUDING ANY ACQUISITION OR USE OF PTZ), INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF LOCKERZ HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY LOCKERZ. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, LOCKERZ’ TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
Exclusions and Limitations
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 LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
1. PTZ may be awarded for certain purchases, participation in site activities, charitable donations, and as otherwise determined by Lockerz, as specified at http://www.lockerz.com/.
2. PTZ may only be redeemed or used at http://www.lockerz.com/ or as otherwise specifically directed and authorized by Lockerz for merchandise, services, benefits, or experiences, which, in turn, are subject to availability and to change or elimination at any time without notice. All such redeeming or use of PTZ also must be in accordance with any specific PTZ offer.
3. Lockerz may, without notice and in its sole discretion, alter, limit, or modify program rules, terms and conditions, restrictions, regulations, PTZ earning structure or levels, PTZ redemption structure or levels, or any other feature of the PTZ program at any time, including without limitation, terminating or suspending the PTZ program.
5. Only the individual member who makes the purchase or engages in the PTZ–generating activity may earn and use PTZ. PTZ are not transferable from one Lockerz account to another. PTZ may not be reproduced, are not redeemable for cash, and are good for one–time use only. PTZ will be deducted from the member’s account at the time of redemption or use.
6. Credits for merchandise returns and other financial adjustments made by Lockerz will be deducted from or added to the PTZ balance as applicable and as determined by Lockerz in its sole and reasonable discretion.
7. Members are solely responsible for determination and payment of any tax or other fees, duties, service charges or liability arising out of earning, redeeming, or any other use of PTZ.
8. Members are subject to and shall comply with any additional terms, conditions and restrictions that apply to any acquisition, redemption or other use of PTZ.
9. PTZ may be redeemed immediately or accrued over time, up to a maximum of 12 months. PTZ will expire on a rolling monthly basis if not redeemed within 12 months unless otherwise extended by Lockerz at its sole discretion.
11. Violations of these PTZ Rules may result in loss of membership, permanent or temporary block of access and/or membership to the Website, loss of or reduction of PTZ, or as otherwise reasonably determined by Lockerz in its sole discretion.
12. LOCKERZ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO A MEMBER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH A MEMBER'S REDEMPTION OF PTZ FOR MERCHANDISE, EXPERIENCES OR OTHERWISE.