Acceptance of Terms
Changes to Terms
We may modify these Terms by posting reasonable notice of the changes within a reasonable time prior to the changes becoming effective. BY CONTINUING TO USE THIS SITE AFTER THE NOTICE PERIOD HAS PASSED, YOU AGREE THAT YOUR USE OF THE SITE WILL BE GOVERNED BY THE NEW TERMS. These Terms were last updated on June 4, 2012.
(a) Our Content. All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, Applications (as defined below) and any other content contained in this Site (individually and collectively, “Content”) are owned, controlled, or licensed by or to NorthPark. The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”). Subject to the restrictions and obligations contained herein, NorthPark grants you a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Site for the purposes of accessing, viewing or playing Content and Applications (as defined herein), and posting or submitting Materials (as defined below) solely for your noncommercial and personal use and for no other purposes. You shall not allow or attempt to allow, nor will you allow or attempt to allow any third party (whether knowingly, directly or indirectly, whether or not for your benefit) to download, print, view, copy, republish, distribute, prepare derivative works, modify, alter, or otherwise use the Content other than as expressly permitted. Such rights to download, print, view, copy, republish, distribute, prepare derivate works, modify, alter and otherwise use the Content are not applicable to the design, layout, or look and feel of this Site. Such elements of this Site are protected by IP Rights and may not be copied, imitated, republished or retransmitted without NorthPark’s prior written consent. Your use of the Content, the creation of products or materials using the Content, and the combination of the Content with any Materials do not create joint authorship, joint ownership or "works made for hire" with NorthPark in or regarding such Content.
(b) NorthPark Applications. NorthPark may, but is not obligated to, offer you the ability to use certain applications, including without limitation, blogs, chat rooms, instant messaging, bulletin boards, e-mail functions, software and other services that allow you to download specific Content from the Site to your computer, or play and access single or multi-player games and software that allow you to create greetings, puzzles, photographs, pictures, musical compositions and mixes, music videos, cartoons and other pictorial artwork (collectively, the “Applications”). Without limiting your obligations and restrictions otherwise described herein, your limited, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Applications is further subject to the following conditions:
You understand and agree that certain Applications may be owned by third parties and distributed under a third party end user license agreement (“EULA”) and that NorthPark shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. You agree that your download or use of any Application automatically binds you to these Terms. These Terms govern your obligations and rights for any Applications that do not possess a EULA.
Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any Content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to source code form or other human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by NorthPark are reserved by NorthPark.
NorthPark has no obligation to provide support for any Application and may, at any time in its sole discretion, cease such support or terminate your use of or access to any Application.
(c) Your Materials. As used in the Terms and any other agreements incorporated or referenced herein, “Materials” is defined, without limitation, as any information, content or other media that is submitted, uploaded, posted or otherwise transmitted to the Site or to NorthPark for any purpose whatsoever, including comments, suggestions and questions related to the Site or any NorthPark products or services. You hereby grant to NorthPark an unqualified, unrestricted, unconditional, unlimited, exclusive, worldwide, irrevocable, perpetual, royalty-free, fully paid-up, transferable, assignable, sub-licensable license, authorization, permission, in any form or format, on or through any media or medium with any technology or devices now known or hereafter developed or discovered, to use the Material, at NorthPark’s sole discretion, for any purposes whatsoever without accounting, notification, credit or other obligation to you. Once Material is submitted, you will have no right to prohibit, restrict, revoke or terminate any of the rights granted to NorthPark. You are not entitled to and you will not receive any compensation or other consideration for your Material or any use thereof, whether in whole or in part. You understand and agree that any use of your Material by NorthPark will not require any prior consent or approval prior to use. You hereby agree to release NorthPark from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits that you may or can have in connection with your Material, including, without limitation, any and all liability for any use or nonuse of your Material, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
If you believe that any content on the Site (including, without limitation, Material, User Preferences or Posts (as defined in the Registered User Agreement) by other users) violates these Terms or the Registered User Agreement, please email us at firstname.lastname@example.org to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Without limiting any other obligation or restrictions stated herein, without NorthPark’s prior written consent, you may not:
(a) use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other similar automatic devices or programs);
(b) frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages;
(c) engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Content or other information contained in the Site;
(d) use any meta tags or any other “hidden text” utilizing NorthPark’s name, trademarks, or service marks;
(e) use NorthPark’s logo or other proprietary graphic, trademark, or service mark in any way, including but not limited to as part of a link;
(f) use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site; or
(g) attempt, enable others to use or attempt, or knowingly condone such use or attempt by others, any acts that result, or are likely to result in any of the foregoing.
Internet and Wireless Marketing and Promotional Services
Under no circumstances will NorthPark, its parent companies or any affiliates be responsible for any wireless email or text messaging charges incurred by any user or by a person that has access to a user’s wireless device, telephone number, or email address.
NorthPark reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Site and any and all arrangements (including third-party) made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your Material and Postings (as defined in the Registered User Agreement) may be displayed on or otherwise used by or in connection with the Site.
Representations and Warranties
You represent and warrant to NorthPark that (a) your use of the Site conforms to the requirements and restrictions set forth in these Terms; and (b) with respect to the Materials and any other information that you upload, submit, or otherwise transmit to NorthPark or to this Site, you have all the necessary rights, title, and interest therein to grant to NorthPark the license described above.
We may terminate, disable and deny your access to or use of this Site for any reason or for no reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms. We may also modify or discontinue providing this Site or any part of this Site with or without cause and with or without notice. NorthPark may use any technological, legal, operational or other means available to us to enforce the provisions of the Terms, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site. NorthPark will not be liable to you or to any third party for any termination of your access to or use of this Site or for any modification to or termination of this Site.
THIS SITE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTHPARK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NORTHPARK AND ITS SUPPLIERS DO NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. THE AVAILABILITY, APPEARANCE OR YOUR USE OF ANY URLS OR HYPERLINKS REFERENCED OR INCLUDED ANYWHERE ON THE SITE OR ANY OTHER FORM OF LINK RE-DIRECTION OF YOUR CONNECTION TO, WITH OR THROUGH THE SITE, DOES NOT CONSTITUTE AN ENDORSEMENT BY, NOR DOES IT INCUR ANY OBLIGATION, RESPONSIBILITY OR LIABILITY ON THE PART OF THE SITE OR NORTHPARK, ANY OF ITS AFFILIATES, AND EACH OF ITS SUCCESSORS AND ASSIGNS. NORTHPARK DOES NOT VERIFY, ENDORSE OR HAVE ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY SITES, THEIR BUSINESS PRACTICES (INCLUDING THEIR PRIVACY POLICIES), OR ANY GOODS OR SERVICES ASSOCIATED WITH OR OBTAINED IN CONNECTION WITH SUCH SITES, WHETHER ANY OF THE SITE’S OR NORTHPARK’S LOGO OR SPONSORSHIP IDENTIFICATION IS ON THE THIRD PARTY SITE AS PART OF A CO-BRANDING OR PROMOTIONAL ARRANGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND USE OF ANY SUCH CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTHPARK AND ITS LICENSORS AND SUPPLIERS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE IN ANY AMOUNT.
You agree to indemnify, defend, and hold NorthPark and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any and all claims, damages, expenses (including reasonable attorneys’ fees), allegations, demands, losses, and liabilities arising from or relating to (a) your violation of these Terms, (b) your use of this Site and the products and services available on the Site, (c) any Materials that you upload, submit, or otherwise transmit through this Site, (d) your access to or use of any web sites linked to this Site, and (e) any dealings between you and any third parties relating to this Site.
Compliance with the Children’s Online Privacy Protection Act
Void Where Prohibited
This Site is controlled, operated, and administered by NorthPark or its service provider from the United States. Although the Site is accessible worldwide, not all features, products or services offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. NorthPark reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so at your own risk and on your own initiative and you are responsible for complying with applicable local laws.
Choice of Law; Dispute Resolution
All matters relating to your access to and use of the Site are governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through binding arbitration in Dallas, Texas using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only and you are hereby consenting to do it in Dallas, Texas, using Texas’ laws (without regard to Texas’ rules on conflict of laws). To the maximum extent permitted by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas as necessary to protect the party’s rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.
If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect. NorthPark’s failure to act in a particular circumstance, including any failure by NorthPark to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. NorthPark will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. NorthPark may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of NorthPark or to any subsidiary or successor in a merger or acquisition involving NorthPark. If an express conflict exists between these Terms and the terms of a separate agreement between you and NorthPark for products or services, the terms of that separate agreement will control.
NorthPark Registered User Agreement
Registration and Use of Password
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT, INFORMATION, MATERIALS (AS DEFINED IN THE TERMS) OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU.
You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority, including without limitation, the submission of any Posts, User Preferences or other Materials made under your name, user name, email address, password, registration account, or any other information that identifies you through any other information.You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
You agree and acknowledge that any Material submitted under the identity of your account or name or that of any other user does not reflect the views of NorthPark, and NorthPark does not represent or guarantee the truthfulness, accuracy, or reliability of any Material on the Site, or endorses or supports any opinions expressed in any Material, regardless whether submitted by you or another user. In no event shall NorthPark have or be construed to have any responsibility or liability for or in connection with any Material.
Rules of Conduct for Registered Users
We have the right but not the obligation to supervise, review and remove such Materials as we deem, in our sole discretion, necessary: (a) to enforce these Terms; (b) for any reason; or (c) for no reason at all; provided, however, that NorthPark will have no obligation or liability to you for failure to do so or for doing so in any particular manner.
By accepting the terms of this Agreement, you agree not to upload, submit, or otherwise transmit or attempt any of the following, either through you or a third party, Materials that:
(i) are unlawful, defamatory, scandalous, vulgar or obscene, indecent, pornographic, sexually explicit or suggestive, racially, culturally, or ethnically offensive, harmful, harassing, abusive or otherwise improper or discriminatory;
(ii) infringe another’s IP Rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise under this Agreement, the Terms or any other applicable body of law or treaty, whether arising under the jurisdiction of the United States or under any other local foreign laws;
(iii) contain viruses or other harmful, disruptive, or malicious computer code that interferes with the normal operation of the Site, including any transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contents, pyramid schemes, or so-called “spamming” and “phishing”;
(iv) causes harm, harasses anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;
(v) affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier or tenant to us in connection with the Site;
(vi) unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
(vii) create a false identity or account for any purpose.
Submitting Materials and Posts
Rights Granted to NorthPark
In connection with all Materials, including but not limited to User Preferences, Personal Information, and Postings, you submit to either NorthPark or the Site, you grant to NorthPark, an unqualified, unrestricted, unconditional, unlimited, exclusive, worldwide, irrevocable, perpetual, royalty-free, fully paid-up, transferable, assignable, sub-licensable license, authorization, permission, in any form or format, on or through any media or medium with any technology or devices now known or hereafter developed or discovered, to use the Material, at NorthPark’s sole discretion, for any purposes whatsoever without accounting, notification, credit or other obligation to you (the “License”). Such License will commence immediately upon submission of your Material and will continue thereafter indefinitely and perpetually. Once Material is submitted, you will have no right to prohibit, restrict, revoke or terminate any of the rights granted to NorthPark. You are not entitled to and you will not receive any compensation or other consideration for your Material or any use thereof, whether in whole or in part. You understand and agree that any use of your Material by NorthPark will not require any prior consent or approval prior to use.
You hereby agree to release NorthPark from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits that you may or can have in connection with your Material, including, without limitation, any and all liability for any use or nonuse of your Material, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
Representations and Warranties
In addition to the indemnification obligations set forth in the Terms, You agree to indemnify, defend, and hold NorthPark and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any and all claims, damages, expenses (including reasonable attorneys’ fees), allegations, demands, losses, and liabilities arising from or relating to any breach of this Agreement.
This Agreement, together with the Terms which are incorporated herein, constitutes the entire agreement between you and NorthPark relating to the Materials in connection with your use of the Site and supersedes any prior or inconsistent agreements. NorthPark may terminate this Agreement with you and your right to use the Site at any time without notice to you, with or without cause.
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