USER AGREEMENT – TERMS OF USE GrabOut™ and GrabOut.com™ - 9/10/2008
1. Proprietary Rights in Content on GrabOut.com™.
1.1 GrabOut™ does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the GrabOut™ Service. After posting your Content to the GrabOut™ Service, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the GrabOut™ Service, you hereby grant to GrabOut™ a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the GrabOut™ Service, including without limitation distributing part or all of the GrabOut™ Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the GrabOut™ Website. This limited license does not grant GrabOut™ the right to sell or otherwise distribute your Content outside of the GrabOut™ Services. After you remove your Content from the GrabOut™ Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the GrabOut™ Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the GrabOut™ Website as soon as practicable after you make the change.
1.2 The license you grant to GrabOut™ is non-exclusive (meaning you are free to license your Content to anyone else in addition to GrabOut™), fully-paid and royalty-free (meaning that GrabOut™ is not required to pay you for the use on the GrabOut™ Service of the Content that you post), sublicensable (so that GrabOut™ is able to use its affiliates, subcontractors and other partners to provide the GrabOut™ Service), and worldwide (because the Internet and the GrabOut™ Service are global in reach).
1.3 You represent and warrant that: (i) you own the Content posted by you on or through the GrabOut™ Service or otherwise have the right to grant the license set forth in this Section 1, and (ii) the posting of your Content on or through the GrabOut™ Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the GrabOut™ Service.
1.4 The GrabOut™ Service contain Content of GrabOut™ ("GrabOut™ Content"). GrabOut™ Content is protected by copyright, trademark, patent, trade secret and other laws, and GrabOut™ owns and retains all rights in the GrabOut™ Content and the GrabOut™ Services. GrabOut™ hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the GrabOut™ Content (excluding any software code) solely for your personal use in connection with viewing the GrabOut™ Website and using the GrabOut™ Service.
1.5 The GrabOut™ Service contain Content of Users and other GrabOut™ licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the GrabOut™ Service.
1.6 GrabOut™ performs technical functions necessary to offer the GrabOut™ Service, including but not limited to transcoding and/or reformatting Content to allow its use throughout the GrabOut™ Service.
2. Content Posted.
2.1 GrabOut™ may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of GrabOut™ violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. GrabOut™ assumes no responsibility for monitoring the GrabOut™ Service for inappropriate Content or conduct. If at any time GrabOut™ chooses, in its sole discretion, to monitor the GrabOut™ Service, GrabOut™ nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2.2 You are solely responsible for the Content that you post on or through any of the GrabOut™ Services, and any material or information that you transmit to other people.
3. Content/Activity Prohibited.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the GrabOut™ Service. GrabOut™ reserves the right to investigate and take appropriate legal action against anyone who, in GrabOut™'s sole discretion, violates this provision, including without limitation, removing the offending Content from the GrabOut™ Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of GrabOut™:
3.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3.2 harasses or advocates harassment of another person;
3.3 exploits people in a sexual or violent manner;
3.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
3.5 solicits personal information from anyone under 18;
3.6 publicly posts information that poses or creates a privacy or security risk to any person;
3.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
3.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
3.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
3.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
3.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
3.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
3.13 involves commercial activities and/or sales without prior written consent from GrabOut™ such as contests, sweepstakes, barter, advertising, or pyramid schemes;
3.14 includes a photograph or video of another person that you have posted without that person's consent;
3.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
3.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the GrabOut™ Website and through your use of the GrabOut™ Service. GrabOut™ reserves the right to investigate and take appropriate legal action against anyone who, in GrabOut™'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
3.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
3.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the GrabOut™ Services;
3.19 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
3.20 covering or obscuring the banner advertisements on your personal profile page, or any GrabOut™ page via HTML/CSS or any other means;
3.21 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
3.22 interfering with, disrupting, or creating an undue burden on the GrabOut™ Service or the networks or services connected to the GrabOut™ Service;
3.23 impersonating or attempting to impersonate another person or entity;
3.24 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
3.25 selling or otherwise transferring your profile;
3.26 using any information obtained from the GrabOut™ Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;
3.27 displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the GrabOut™ Service on behalf of that person, such as distributing commercial content, posting blogs or bulletins with a commercial purpose
3.28 using the GrabOut™ Service in a manner inconsistent with any and all applicable laws and regulations.
4. User agrees with the Freeware License Agreement.
Every user agrees with the Freeware License Agreement as provided on the GrabOut.com™ website and when provided when installing the program..
