Terms of use

SQUIGALOO.COM USER AGREEMENT

Welcome to Squigaloo.com (“Site”), a Squigaloo, LLC (“Us or “We”) Web Site. These are the terms and conditions (“User Agreement”) under which we offer you access to our Site.
BEFORE USING THIS SITE, YOU MUST READ AND AGREE TO BE BOUND BY THIS USER AGREEMENT AS WELL AS THE SQUIGALOO PRIVACY POLICY (COLLECTIVELY REFERRED TO AS “SQUIGALOO AGREEMENTS”) WHICH IS HEREBY INCORPORATED BY REFERENCE. YOUR USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THE SQUIGALOO AGREEMENTS. IF YOU DO NOT AGREE TO BE BOUND BY THE SQUIGALOO AGREEMENTS, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
TO CREATE AN ACCOUNT ON THE SITE, YOU MUST BE AT LEAST 13 YEARS OLD. IF YOU ARE UNDER THE AGE OF 13, YOU MUST HAVE YOUR ACCOUNT CREATED AND REGISTERED FOR YOU BY YOUR PARENT OR LEGAL GUARDIAN. 
 
TERMS & CONDITIONS
 
Squigaloo provides online storytelling services. The services offered by Squigaloo on the Site include character creation, story creation (collectively, the “Services”).
I. Account Registration
a) You Must Be Age 13 Or Older. Individuals under the age of 13 ("Minors") are not permitted to create an account on the Site. We do not knowingly collect or solicit personal information from Minors nor do we knowingly allow Minors to register for an online account or provide personal information on the Site. We strictly adhere to the Children’s Online Privacy Protection Act (“COPPA”) and therefore, should we learn that a Minor has created an account on the Site, that Minor's account and any content they may have created will be removed.
b) Required Information. If you are at least 13 years old and wish to create an account on this Site, you will need to provide your first and last name, a username, password, date of birth and valid email address by which we may contact you. Your username and password should not contain personal information such as your real name.
c) Parents And/Or Guardians May Create An Account for Their Minor. If you are aParent or Guardian of a Minor and you provide your consent to your Minor’s registration with this Site, you agree to be bound by the terms of the Squigaloo Agreements in respect of the Minor’s use of this Site. 
We will not ask you or your Minor to provide any personal information. At the same time, because the Site will allow your Minor to create a storybook and communicate with other users, it is possible that your Minor might inadvertently disclose personal information (e.g., their name, their address, or their telephone number) in the content of that book or in communications with other users.  Although we may take steps to monitor the content of such stories and communications to identify personal information, and may take steps to remove any information that is identified, it is possible that we may not identify or remove the information that your Minor inadvertently submits. In such an event, you agree that consistent with our Privacy Policy[INSERT LINK], we may collect any such information inadvertently submitted by your Minor.
d) Account Settings for Minors. For Minors whose parent or guardian registered for an account, the parent or guardian will select account settings that control the ability of the account user to post Content to this Site as “private,” “shared with parental consent” or “shared without review.” For additional information about our privacy practices with respect to Minors, please refer to our Privacy Policy. [INSERT LINK]
e)   Your Representation and Warranty Regarding Your Information. By continuing with the registration process, you represent and warrant that: (a) all registration information you submit to Us is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are not a Minor; OR your Account was created and registered by your parent or guardian; and (d) your use of this Site does not violate any applicable law or regulation. If you are a parent or guardian of a Minor, you must register for the account yourself and provide your permission to collect and share personal information about your Minor in accordance with our Privacy Policy [INSERT LINK] prior to providing the Minor with access to the account. If you are a parent or guardian who is registering for a child of any age, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Squigaloo if your child breaches or disaffirms this Agreement.
f) Password and Account Security. You are responsible for (i) keeping your account password confidential and secured, (ii) avoiding unauthorized access to such user's computer; and (iii) keeping the e-mail address associated with that account current (user acknowledges that it is important to keep the e-mail address associated with his or her account current).
You accept full responsibility for all activities that occur within your account. You agree not to use the account, username, or password of another user at any time. You agree to notify Us immediately at info@squigallo.com or (206) 659-1154 if you suspect any unauthorized use of your password or access to your account.   
 II. Term
The Squigaloo Agreements shall remain in full force and effect while you use this Site. You may delete your account at any time, for any reason by logging into . We may warn, suspend, and/or terminate any user's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in our sole and absolute discretion, including without limitation, violation of the Squigaloo Agreements, and/or our belief that such access would violate the law or would be harmful to the interests of, or potentially cause financial loss or liability to us or another user.
You understand that termination of your account may involve deletion of your information from our Site, including, without limitation, Your Content (defined below), that you submitted to this Site. We will not have any liability whatsoever to you for any termination of your account or related deletion of your information or Content.
III.  Squigaloo’s Ownership of Intellectual Property
All materials provided by Us and contained on this Site, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, text templates, graphic templates, layout templates, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress, patents and other intellectual property rights therein, are the property of Squigaloo, LLC, third party licensors and/or other owners (collectively the "Squigaloo Materials"), and are protected, without limitation, by U.S. and other foreign copyright, trademark, patent and other intellectual property laws.
IV. Restrictions On Use of Squigaloo Materials
For purposes of this User Agreement, the use of any Squigaloo Materials on any other website or networked computer environment is prohibited. You are hereby granted a limited, personal, revocable, non-exclusive, non-transferable license to display the Squigaloo Materials for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Squigaloo Materials in their entirety, including but not limited to, visual elements such as advertisements that may adjoin content. Any attempts to access the Squigaloo Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not make any modifications to any Squigaloo Materials.
V. Software 
We may provide you with certain proprietary software that We allow you to download from this Site (“Software”). We grant you a limited, personal, non-exclusive and non-transferable license to use the Software solely for your personal use in connection with this Site. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of term of this Agreement. Upon termination of this limited license, you agree to immediately destroy any downloaded Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Software.
VI. Submissions To This Site
a) Your Content. Certain areas of this Site will permit you to submit content to Us. “Content” shall include text, files, images, photos, videos, sounds, musical works, works of authorship, and any other materials. “Your Content” shall include any Content that you submit to this Site. 
b) Ownership of Your Content. You represent, warrant and covenant that: (i) you own or otherwise have the right to grant the licenses set forth in this User Agreement for Your Content that you submit on this Site, contribute to other Site users, and/or provide for our print services to have them printed in a Product, (ii) you have obtained all necessary consents and clearances to enable Us and/or other Site users to exercise the rights granted herein and (iii) Your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity. You have full responsibility for Your Content, including its legality, accuracy, appropriateness, and trademark and copyright ownership. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR CONTENT THAT YOU SUBMIT TO THIS SITE. 
For purposes of clarity, nothing contained in this section shall be construed as conveying or assigning any right, title or interest in or to any of the Squigaloo Materials to you, as such rights are retained by Us.
c)      License to Squigaloo. You hereby grant to Squigaloo and its assigns and affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid and royalty-free license, sub-licensable (with the right to sublicense through multiple tiers of licensees) (in any media, whether known or not currently known and invented) (“License”) to: (i) use, re-format, create backup copies, modify, reproduce and distribute Your Content for the purpose of printing, (ii) with respect to any of Your Content that you or your parent/guardian expressly designate as being “public” or “shared”, to link to, use, reproduce, create derivative works from, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform and otherwise exploit Your Content, including, without limitation, making Your Content available to the Squigaloo Site and to include Your Content in Squigaloo’s promotional and marketing materials. You agree that We may exercise the License granted by you without notice, payment or attribution (unless expressly specified by you during the submission process). You agree that the License granted to Us includes the right for Us to contract out the printing to a third party. You agree that We reserve the right to maintain electronic files of Your Content, as applicable, to fulfill any printing and to maintain an archival copy.    
d)      License to Other Members.  Subject to any restrictions set forth in this User Agreement, you also hereby grant all other users of this Site the a non-exclusive, worldwide, perpetual, irrevocable license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute Your Content for any purpose on or through this Site and/or in such users own Content solely in connection with a user’s personal use of this Site. You acknowledge and agree that a user can exercise the foregoing rights without further notice, payment or attribution to you (unless expressly specified by you during the submission process).
e)     We Assume NO Liability For Your Submissions. You are fully responsible for all Content materials you submit to this Site. We assume no responsibility for editing; ongoing monitoring of this Site; or for removal of any submissions to this Site. We assume no liability for any action or inaction with respect to conduct on submissions to this Site. In addition, We encourage you to maintain your own backup of any Content that you submit to this Site. We are not a backup service, and We will not be liable for any loss of, modification, suspension or discontinuation of any Content offered on or through this Site.
f)      Public Use. Except for any of Your Content that you or your parent/guardian expressly designate as being “public” or “shared” or otherwise agree to share with Us or this Site’s users during the submission process, you submit Your Content on a “private” (i.e., non-public) basis. Any of Your Content that you or your parent/guardian expressly designate as being “public” or “shared” will be non-proprietary and non-confidential, and will be generally accessible by other users of this Site. Therefore, be sure that any information that you include in Your Content that you or your parent/guardian have designated as “public” or “shared” or otherwise share with Us or any of this Site’s users is information that you are comfortable sharing with others.
VII. Use of the Site
a) This Site If For Your Personal Use. This Site is provided by Squigaloo, LLC and is intended to be used in a creative, cooperative and safe manner by all users of the Site. This Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful or harms or violates the rights of Us or any other person or entity.
                b) Prohibited Uses. Users of this Site must not:
  • Use the Site in such a way as to offend or interfere with the use by anyone else of the Site, or incorporate any inappropriate or offensive text, graphics or storylines, as determined in Squigaloo’s sole discretion;
  • Submit Content that violates any law or regulation, or that in any fashion infringe or interfere with the rights of others, including without limitation Submissions that (i) libel, defame, or invade the privacy of any third party, or which are obscene, pornographic and/or otherwise sexually explicit; (ii) infringe the intellectual property rights, including copyrights, of any third party; (iii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (iv) are confidential;
  • Attempt to circumvent the security systems of the Site;
  • Attempt to gain access to or use this Site in a fraudulent manner;
  • Attempt to gain access to any other user's accounts;
  • Attempt to ascertain any other user's password and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other website, or by e-mail communication;
  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
  • Provide any Submission that is (a) abusive, harassing or threatening; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent or vulgar; or (d) otherwise harmful or can reasonably be expected to harm any person or entity;
  • Provide any Submission that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; and
  • Provide any Submission that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).
VIII.      Enforcement and Removal of Content
We have the right, but no obligation, to review any Content on this Site and to reject, refuse, delete or remove any Content on this Site, with or without case and with or without notice, for any reason or no reason. Without limiting the foregoing in any way, We may delete prohibited Content and Content that is illegal; offensive; violates this Agreement and/or the rights of Us or any other entity or person; harms or threatens the safety of any user or other person; or creates liability for Us, our suppliers, providers, partners or users. We reserve the right, but have no obligation, to investigate and take action in our sole and absolute discretion against you if you violate this provision or any other provision of the Squigaloo Agreements, including without limitation, removing prohibited Content from this Site, terminating your account, reporting you to law enforcement authorities, and taking legal action against you. We do not and cannot review all Content posted by you or other users of this Site. The foregoing prohibitions do not require Us to monitor, police or remove any Content or other information submitted by you or any other user. We reserve the right to retain a copy of any Content deleted from this Site in order to comply with applicable law, resolve disputes, enforce the Squigaloo Agreements and to take any other actions otherwise permitted by law that We deem necessary in our sole and absolute discretion.
IX. Feedback and Submissions
To the extent that you provide Us with any suggestions, information, ideas, or feedback concerning this Site and/or Content on or in this Site, including, without limitation, through e-mails, voicemails, postings, feedback forms (“Feedback”), the Feedback will be the sole and exclusive property of Squigaloo. You agree to assign and hereby assign to Us all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist Us in perfecting and enforcing such rights. To the extent that you provide any story ideas to Us, either solicited or unsolicited (collectively, “Submissions”), you hereby grant Us a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, fully paid license (with the right to sublicense through multiple tiers of licensees), under all intellectual property rights therein, to use, reproduce, modify, edit, adapt, create derivative works, publicly perform, publicly display, publish, make, sell, offer for sale and otherwise exploit your Submissions on an unrestricted basis for any purpose. Therefore, do not make any Submissions for which you are not willing to grant the license set forth above. You agree that any Feedback and Submissions you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. Please be sure that any information you include in any Feedback or Submission is information that you are comfortable sharing with others. You further acknowledge and agree that you have no expectation of review, compensation or consideration of any of your Feedback or Submissions. The terms of this provision apply equally to Feedback and Submissions that are either solicited by Us or voluntarily submitted by you. Accordingly, We, our licensees, distributors, agents, representatives and users of this Site shall be entitled to exploit and disclose all Feedback and Submissions, and We shall not be liable to you or any third party for any exploitation or disclosure thereof.
X. Electronic Communications
You consent to receive electronic communications from Us addressed to the e-mail address associated with your account. You acknowledge and agree that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.
XI. Limited Warranty for Printed Products
We do not proof, edit or change any of the Content, including, without limitation, any of Your Content, in the Products that you post or submit for print production. As a result, the foregoing limited warranty does not include the obligation to correct any (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including formatting, organization, style, color and page layout; or (d) other creative choices that you make related to the Product. THE CONTENT OF A PRODUCT THAT YOU HAVE SUBMITTED CANNOT BE EDITED ONCE THE PRODUCT HAS BEEN ORDERED. Therefore, you agree that you will not order a Product unless it has been fully proofed and you are satisfied that it is ready to be published and/or produced.
We warrant that, subject to minor differences across products and printing partners, any printed products that you order from the Site (“Books”) will be free of any defects in materials and workmanship. We will, as your exclusive remedy, replace any defective Books which you report to Us via our customer support at support@squigaloo.com or (206)659-1154 within seven (7) days of your receipt thereof.
XII. Disclaimers and Limitation of Liability
a) NO WARRANTIES OR REPRESENTATION.  We make NO representation or warranty of any kind, express or implied: (i) as to the operation of this Site, or the information, content on this Site, including any Squigaloo Materials or the Submissions, and materials or products included thereon; (ii) that this Site will be uninterrupted, secure, or error-free; (iii) as to the accuracy, reliability, or currency of any information, content on this Site, including any Squigaloo Materials or the Submissions, or merchandise provided through this Site; or (iv) that this Site, its servers, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms or other harmful components. 
b) DISCLAIM LINKED WEBSITES. This Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked website on this Site does not imply approval or endorsement of such website by Us. When you access these third party sites, you do so at your own risk.
c) NO LIABILITY. We are not responsible for the conduct, whether online or offline, of any user of this Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of any user communication, or reliance by a user on any information obtained from this Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of our services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with this Site or our services. Under no circumstances shall We be responsible for any loss or damage, including personal injury or death, resulting from use of this Site, from any Squigaloo Materials or the Submissions posted on or through this Site, or from the conduct of any users of this Site or our services, whether online or offline.  We will NOT be liable for any indirect, incidental, special or consequential damages arising from the use of this Site, even if We have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.
d) SITE PROVIDED “AS IS.” The Site is provided by Squigaloo on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, We disclaim all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
XIV. Applicable Law; Jurisdiction
The laws of the State of Washington will govern the Squigaloo Agreements, without giving effect to any principles of conflicts of laws.
XV. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Squigaloo, including Submissions, infringe your copyright, you (or your agent) may send Us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (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 located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Us to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: info@squigaloo.com. We suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
XVI. Modifications.
We may, in our sole discretion, modify, add, delete or otherwise change the provisions of the Squigaloo Agreements from time to time. We will notify you of any changes and ask for your agreement to them at that time. If you do not agree with the modifications, you must cease use of this Site and terminate your account(s).
 XVII. Indemnity. 
You agree to defend, indemnify, and hold Squigaloo, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of this Site in violation of the Squigaloo Agreements, Your Content or any other Content submitted by you or an individual using your account that violates any applicable local, state, federal or international law, rule or regulation or intellectual property rights of a third party or arising from your breach of any provision of the Squigaloo Agreements.
XVIII.  Copyright/Trademark Information. 
Copyright © 2010, Squigaloo. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Squigaloo, LLC or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
XIX. General. If any term of this Agreement is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Squigaloo’s failure to enforce any term of the Squigaloo Agreements is not a waiver of such term. This Agreement is the entire agreement between you and Squigaloo and supersede any prior or contemporaneous negotiations, discussions or agreements between you and Squigaloo with respect to the subject matter hereof. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and definitions and rights, duties and obligations of the parties that by their nature continue and survive shall survive any termination of this Agreement.